IRS Form 14039: When to file, when not to, and what happens next
IRS Form 14039 is the Identity Theft Affidavit used for certain federal tax identity theft situations. The harder question is whether you should file it. If your e-file is rejected because your Social Security number was already used, that is one issue. An unexpected W-2, a dependent claimed elsewhere, or an IRS identity letter may require a different response.
That distinction matters. Some IRS letters tell you to verify your identity or return through a specific process. In that situation, filing IRS Form 14039 does not replace the response the letter requires.
Begin with the document or rejection message you received. Check the code, tax year, and exactly what appears wrong. Those details tell you whether the affidavit fits the problem or whether another IRS process comes first.
Quick answer and key takeaways
Quick answer: IRS Form 14039 is generally used when someone has used your information for a federal tax purpose and the IRS has not already directed you to a different verification or notice-response process. If you received an IRS identity-verification letter, follow the instructions in that letter first. Filing the affidavit is not a substitute for completing the specific step the IRS requested.
Key takeaways
- A rejected e-file may point to tax identity theft, but first confirm why the return was rejected and whether someone in your household already used the Social Security number.
- An unfamiliar W-2, a dependent claimed on another return, and a fraudulent return are different problems. The facts determine what you should send the IRS.
- If IRS Form 14039 fits your situation, use the current February 2026 version and submit it once, through the method that applies to your case.
What IRS Form 14039 actually does
IRS Form 14039 is the Identity Theft Affidavit used for certain individual federal tax identity-theft problems. It tells the IRS what kind of misuse occurred and which taxpayer or tax year may be affected. It is not a general report for every stolen Social Security number or credit problem.
The current February 2026 form covers three main situations:
- Fraudulent tax return: Someone used your SSN or ITIN to file a federal return you did not file or authorize.
- Improper dependent claim: Someone used your dependent’s identifying information on another return without authorization, which can interfere with your dependent-related filing.
- Employment-related identity theft: Someone used your SSN or ITIN for work, causing wages or other income to appear under your records even though you did not earn it.
The category you choose tells the IRS what type of account problem it needs to review. Use the current Identity Theft Affidavit, not an older version with different sections.
Should you file IRS Form 14039?
The answer depends on what the IRS is asking you to fix. A duplicate return, identity-verification letter, false wages, or a dependent claimed by someone else can involve identity theft, but the response is not always the same.
| Situation | Should you file? | What to do first |
|---|---|---|
| A federal return appears under your SSN or ITIN that you did not file or authorize | Usually yes | Make sure a spouse, preparer, or other authorized person did not file it. If no one did, IRS Form 14039 may be appropriate unless the IRS has already given you different instructions. |
| Your e-file was rejected because the SSN was already used | Maybe | Check for a mistyped SSN, a spouse or dependent filing issue, or another return already filed in your household. If none explains the rejection, tax identity theft becomes more likely. |
| You received Letter 4883C, 5071C, or 5747C | Usually no | Read the letter and complete the verification method it gives you. These letters are used to confirm your identity or whether you filed the return, so handle that request before considering an affidavit. |
| You received CP01E | No | CP01E indicates that the IRS has already marked your account for identity theft. You do not need another affidavit just because you received that notice. |
| You see a W-2 or 1099 for income you did not earn | Maybe | Treat it as possible employment-related identity theft and follow any notice instructions. |
| A CP2000 or other notice includes wages you did not earn | Not by itself | Respond to the notice and dispute the false income. The affidavit does not replace that response. |
| Someone claimed your dependent without permission | Possibly | Confirm who claimed the dependent and why. The current form says not to use IRS Form 14039 when the dependent was claimed by a parent or guardian, because the IRS does not treat that situation as identity theft for this form. |
| Your identity was stolen for credit, banking, or another non-tax purpose | No | IRS Form 14039 reports federal tax identity theft. Identity misuse that never affected a federal tax filing requires a different response. |
| The identity theft involves a business or other entity | No | Form 14039 covers individual taxpayers. Business identity theft follows a separate IRS process, and Form 14039-B is used when that process calls for it. |
If Form 14039 is not required but you want another layer of protection on future federal returns, consider an Identity Protection PIN (IP PIN). It gives the IRS a six-digit number to match with your return before accepting a filing under your SSN.
What to verify before filing IRS Form 14039
Before you send the affidavit, make sure the problem is actually tax identity theft. A rejected return can come from a mistyped SSN, a spouse or dependent filing first, or another household filing issue. Sort that out before reporting fraud.
Check these items:
- Notice or letter: Write down the notice number and tax year. If the IRS gave you a verification process, that instruction may control what comes next.
- E-file rejection: Read the exact rejection reason. Do not rely only on the message that your return was rejected.
- SSN or ITIN: Compare the number on the rejected return with your Social Security card or IRS records.
- Dependents: Confirm whether the dependent filed a return or was legitimately claimed elsewhere.
- W-2 or 1099 income: Flag forms from employers or payers you do not recognize.
- IRS records: An IRS tax transcript can help you review account activity or income reported under your SSN or ITIN.
- Prior affidavit: Check whether you already submitted one for the same incident. The current affidavit warns against filing it again.
- Individual or business issue: Business identity theft follows a separate process.
If the facts still do not match, the IRS screening questions can help identify the path that applies.
How to complete IRS Form 14039
Download the February 2026 version of the form before you begin. Its six sections separate the reason for filing from the taxpayer, return, and signature details. Sections A through E cover the affected taxpayer. Section F is for someone filing on another person’s behalf.
| Section | What the IRS is asking | Practical check |
|---|---|---|
| A. Reason for filing | Tell the IRS why you are filing the affidavit, who was affected, and whether an IRS notice or letter is involved. | Use the reason that matches what happened on the account. When a notice prompted the filing, copy its notice number directly from the letter. |
| B. Identity theft situation | In Section B, identify what was actually misused: a tax return, a dependent's information, or an SSN or ITIN used for employment. | Pick the category supported by the facts. An unfamiliar W-2 is different from someone filing a return in your name. |
| C. Taxpayer information | Provide identifying and contact information for the person affected. | Check the SSN or ITIN carefully. A transposed digit can create a separate problem. |
| D. Tax return information | Identify the last return you filed and list the tax year or years affected by the identity theft. | Watch the year carefully. Use the year printed on the return itself. Filing a 2024 return during 2025 does not turn it into tax year 2025. |
| E. Signature | Section E is where you sign the affidavit under penalty of perjury. | Do not leave the signature section blank. The IRS needs the taxpayer's certification. |
| F. Filing for another person | Complete this section if you are submitting the form for someone else, such as a dependent or deceased taxpayer. | Use the capacity that applies and include supporting documentation when the form calls for it. |
Do not rush Section D. Using the wrong affected tax year can send the IRS toward the wrong account period.
Where and how to submit IRS Form 14039
Once IRS Form 14039 is complete and signed, choose one submission route. The IRS lists online filing as the preferred method.
- Online: Use the IRS online Form 14039 and follow the screening questions through submission. The February 2026 form says attachments cannot be included with an online submission, so use another permitted submission method if supporting documents need to accompany the affidavit.
- In response to an IRS notice or letter: Use the fax number shown on the notice, if one is provided. If there is no fax number, follow the mailing instructions on the notice or letter. Include a copy of the notice when possible if you mail the affidavit.
- After a duplicate-return e-file rejection: If someone misused your SSN, ITIN, or a dependent’s number and you must file a paper return, attach the affidavit to the back of that return. Send the return, with the affidavit attached, to the address you normally use for that tax return.
- Other fax or mail submissions: When the situations above do not apply, the February 2026 form lists 855-807-5720 for fax submissions. For mail, use:
Department of the Treasury
Internal Revenue Service
Fresno, CA 93725
If you fax the form, add a cover sheet labeled “Confidential.”
Choose one submission method. After you send IRS Form 14039 online, by fax, or by mail, do not send the same affidavit again using another method. The IRS specifically tells taxpayers not to submit duplicate copies.
What happens after filing IRS Form 14039
After the IRS receives IRS Form 14039, the case is assigned to its Identity Theft Victim Assistance unit. A specially trained employee reviews the affected tax periods, the fraudulent activity, and the legitimate return that belongs on your account.
The IRS may need to:
- determine which tax years were affected;
- remove a fraudulent return from your tax records;
- process your legitimate return and release any refund that is actually due; and
- place an identity-theft indicator on the account after the case is resolved.
There usually is not much for you to do while that work is underway. If the IRS asks for information, respond promptly. Otherwise, do not send another affidavit or call simply to ask for a status update. The IRS warns that duplicate forms and unnecessary status contacts can delay the case.
The wait can be substantial. On August 18, 2026, the IRS processing dashboard showed April 2025 as the current processing point for individual Form 14039 affidavits. That month tells you how far the IRS says its inventory has moved. It is not an estimated completion date for your case.
One notice still deserves attention. If you receive a balance-due notice while the identity-theft issue is open, do not assume the affidavit will clear it automatically. Use the number printed on that notice and address the account issue the IRS is showing.
What IRS Form 14039 does not fix by itself
The affidavit addresses federal tax identity theft with the IRS. Other records may need their own correction process.
- Social Security earnings: An unfamiliar W-2 or 1099 under your SSN can affect more than the tax return. Do not report income you did not earn simply because it appears in IRS records, and do not amend a filed return just to make the numbers match. The Social Security Administration may also need to review the earnings posted to your record.
- Credit records: Problems with credit cards, loans, or other accounts opened in your name are outside the scope of the affidavit. Those items have to be handled through the appropriate credit or identity-theft process.
- State tax accounts: A federal affidavit does not resolve identity theft on a state income tax account. Follow the affected state’s process.
- IRS notices about false income: A CP2000 listing wages you did not earn still requires a response. Dispute the income using the contact information on the notice rather than assuming the affidavit answers it.
The IRS provides separate guidance for employment-related identity theft, including unfamiliar wages reported under your SSN.
When professional help may make sense
A straightforward identity-theft filing may not need professional help. The situation changes when the tax account itself becomes harder to untangle.
Consider getting help if:
- more than one tax year is affected;
- false W-2 or 1099 income has triggered a CP2000, proposed tax change, or other IRS notice;
- your return contains both legitimate and fraudulent income and you cannot tell what should stay;
- you are unsure whether IRS Form 14039 or the notice-response process controls;
- you are filing for a deceased taxpayer or another person and the representation rules are unclear; or
- the account remains unresolved after you have followed the IRS process.
In those cases, IRS tax resolution help can be useful for comparing the notice, return, and IRS records before deciding what to send next.
IRS Form 14039 FAQs
Does Form 14039 need to be notarized?
No. The form requires your signature under penalty of perjury but it does not state that notarization is required. Review the current form before filing in case the IRS changes its instructions.
Can you file the form for a dependent or deceased taxpayer?
Yes. Section F is used when you are submitting the affidavit for someone else. The capacity in which you are filing matters, and the IRS may require supporting documents based on that role.
Is IRS Form 14039-B the same form?
No. Form 14039-B is for business or entity identity theft. The IRS treats that as a separate process from the individual affidavit covered in this guide.
Final check before submitting IRS Form 14039
Before you send IRS Form 14039, look back at what first raised the identity-theft concern. That may be an IRS notice, an e-file rejection, or income reported under your SSN that you do not recognize. The details on the affidavit should match that underlying issue.
Confirm that you have:
- used the current February 2026 version;
- identified the correct taxpayer and affected tax year;
- entered any IRS notice or letter number accurately;
- selected the identity-theft situation that matches the facts;
- signed the form; and
- chosen one submission method rather than sending duplicate copies.
Save the completed form along with whatever documents you included. If the IRS sends another notice for that tax year later, check what it is asking for before you respond. The earlier affidavit may be part of the account history, but it does not take the place of a separate response the new notice requires.
