The IRS Is Reviewing a Return You Never Filed: Don’t Treat It Like a Normal Refund Delay
Learn what to do when an IRS CP05-family notice refers to an unauthorized tax return, how Form 14039 works, and how to protect your identity and tax records.
Imagine opening your mailbox and finding a letter from the Internal Revenue Service.
The letter says your federal income tax return is under review.
There is just one problem.
You never filed that return.
Perhaps you have not filed your taxes yet. Maybe you do not recognize the tax year, income, employer, or refund information mentioned in the notice.
Your first reaction may be to assume the IRS made a processing mistake.
However, an IRS notice about a return you did not file or authorize may indicate tax-related identity theft.
Someone may have used your name and Social Security number or Individual Taxpayer Identification Number to submit a fraudulent return.
This situation requires a different response from an ordinary tax refund delay.
The IRS includes specific identity-theft instructions in its CP05, CP05A, and CP05B guidance.
This article explains those instructions, how Form 14039 works, and what to do to protect your tax account.
If you did not file or authorize the return referenced in your notice, do not treat it as an ordinary refund review.
First, verify that the notice is genuine. Then follow the identity-theft instructions for your exact notice.
The IRS’s CP05-family guidance directs taxpayers in this situation to complete Form 14039, Identity Theft Affidavit, and mail it to the address specified in the notice.
Other identity-verification letters may explicitly instruct taxpayers not to file Form 14039. Always identify your notice before taking action.
Why Would the IRS Review a Return You Never Filed?
The IRS receives tax returns containing names, Social Security numbers, income information, tax credits, and refund claims.
When someone obtains another person’s identifying information, they may attempt to file a fraudulent tax return.
The fraudulent return may claim wages, withholding, credits, or a refund that the legitimate taxpayer never reported.
IRS screening systems may identify information requiring additional review.
As a result, the legitimate taxpayer may receive a notice about a return they did not prepare, sign, authorize, or submit.
Receiving such a notice does not, by itself, prove identity theft occurred.
However, it is a warning sign that should be investigated promptly.
Normal Refund Delay vs. Possible Tax-Related Identity Theft
Normal Refund Review
You recognize the return.
You filed or authorized it, but the IRS needs more time or supporting documentation.
The appropriate response depends on the specific notice.
Possible Identity Theft
You did not file the return.
The IRS is reviewing information submitted under your identity without your authorization.
Follow the notice’s identity-theft instructions.
Different IRS Letter
You received an identity-verification letter.
Some letters require online, telephone, or in-person verification instead of Form 14039.
Use the procedure stated in that letter.
What the IRS Says About Identity Theft in CP05 Notices
Notice CP05 generally means the IRS needs more time to verify information on a federal income tax return.
For taxpayers who actually filed the return, the IRS generally says no immediate response is necessary.
But the IRS gives different instructions to people who did not file.
Its CP05 guidance says someone may have used the taxpayer’s personal information to file the return.
In that situation, the IRS directs the taxpayer to download and complete Form 14039, sign it, and mail it to the address at the top of the CP05 notice.
This is an important distinction.
The normal CP05 instruction to wait does not apply in the same way when the taxpayer never filed the return.
What If You Receive CP05A for a Return You Never Filed?
CP05A ordinarily requests supporting documentation to verify income and federal income tax withholding.
For taxpayers who filed the return, the notice may require pay statements, employer verification records, or other evidence.
However, if you never filed or authorized the return, the issue is not simply finding missing payroll documents.
The IRS’s CP05A guidance includes a separate identity-theft instruction.
It directs taxpayers who did not file the return to complete Form 14039 and mail it to the address provided on their notice.
Do not invent payroll records or attempt to substantiate wages on a return that is not yours.
Report the unauthorized filing using the applicable IRS procedure.
What If You Receive CP05B for a Return You Never Filed?
CP05B generally concerns a mismatch between income reported on a tax return and information received from third parties.
For an authorized return, the IRS instructs the taxpayer to submit supporting documents using the detachable response voucher.
However, the IRS’s CP05B guidance separately addresses a return filed without the taxpayer’s consent.
In that situation, the IRS directs the taxpayer to complete Form 14039, Identity Theft Affidavit, and mail it to the return address on the notice.
If the entire return was unauthorized, do not assume you must prove that the fraudulent income amounts were correct.
The immediate issue is reporting that the return was not filed by you or with your consent.
CP05, CP05A, and CP05B: Identity Theft Instructions Compared
| IRS Notice | If You Filed the Return | If You Never Filed the Return |
|---|---|---|
| CP05 | Generally wait while the IRS reviews the return. | Complete and sign Form 14039; mail it to the address at the top of the notice. |
| CP05A | Provide requested wage or withholding evidence. | Complete Form 14039 and mail it to the address provided on the notice. |
| CP05B | Submit supporting documentation with the response voucher. | Complete Form 14039 and mail it to the return address provided on the notice. |
Do not apply instructions from CP05, CP05A, or CP05B to every IRS identity-verification letter.
For example, IRS Letters 4883C and 5747C specifically tell recipients not to file Form 14039 and instead to follow the letter’s verification instructions.
Read the exact notice number and the instructions for taxpayers who did not file the return.
What Is IRS Form 14039?
Form 14039 is officially titled Identity Theft Affidavit.
It allows individuals to report certain suspected or confirmed tax-related identity-theft situations to the IRS.
For example, the form may be used when someone fraudulently files a federal income tax return using another person’s identifying information.
The form asks for identifying information and an explanation of the suspected identity-theft issue.
It is not an amended tax return.
It is not a refund claim.
It is not a form that automatically removes every refund delay.
Its purpose is to help the IRS identify and address tax-related identity theft affecting the taxpayer’s account.
Official IRS resource: IRS Identity Theft Central.
How to Respond When a CP05-Family Notice References an Unauthorized Return
- Verify the notice. Confirm that it is genuine using official IRS contact information and resources.
- Identify the notice number. Determine whether you received CP05, CP05A, CP05B, or another IRS letter.
- Confirm the return was unauthorized. Consider whether you or an authorized preparer filed the return before reporting it as fraudulent.
- Read the identity-theft section. Follow the instructions for taxpayers who did not file the return.
- Complete Form 14039 when directed. Provide accurate information and sign the affidavit as required.
- Mail it to the notice address. For CP05-family notices, follow the specific address instruction on your notice.
- Keep records. Retain copies of the affidavit, notice, and available mailing confirmation.
- Protect your tax account. Consider obtaining an IRS Identity Protection PIN and monitoring your account.
The exact mailing instructions vary by notice. For example, the CP05 page refers to the address at the top of the notice, while CP05A and CP05B refer to the address provided on the notice.
Do not send sensitive documents to an address copied from another taxpayer’s letter.
Should You File Form 14039 Online or by Mail?
The IRS provides online and paper methods for Form 14039 in applicable circumstances.
However, when responding to a CP05-family notice, the IRS’s published instructions specifically direct taxpayers to complete the form and mail it to the address on the notice.
Follow the instructions associated with your particular correspondence.
Do not assume that submitting an online affidavit automatically satisfies every notice-specific mailing instruction.
If you are uncertain about the correct procedure, contact the IRS through an official channel before submitting duplicate affidavits.
When Should You NOT File Form 14039?
Form 14039 is not required for every IRS identity-verification situation.
Some notices instruct taxpayers to verify their identity and return through a different process.
For example, the IRS specifically instructs recipients of certain identity-verification letters, including 4883C and 5747C, not to file Form 14039.
Other verification notices may direct taxpayers to an IRS online verification service.
Follow the exact notice rather than relying on a general identity-theft checklist.
The IRS warns that unnecessary duplicate Forms 14039 can delay identity-theft case processing.
If you already reported the incident, follow the IRS’s instructions for your existing case rather than repeatedly filing the same affidavit.
What If Someone Already Filed Using Your Social Security Number?
A fraudulent return may create problems when you attempt to file your legitimate tax return.
For example, your electronic return may be rejected because a return using your Social Security number has already been submitted.
This does not mean you should abandon your filing obligation.
The IRS provides procedures for taxpayers whose identifying information has been used on a fraudulent return.
Depending on the circumstances, you may need to file a paper return and follow the IRS identity-theft instructions.
Use official IRS guidance or consult a qualified tax professional to determine the correct filing method.
Do not file a knowingly inaccurate return to work around the rejection.
What If You Recognize the Tax Year but Not the Employer?
Another warning sign is an IRS notice or transcript showing wages from an employer you never worked for.
That may indicate employment-related identity theft or incorrect third-party reporting.
Someone may have used your Social Security number for employment purposes.
The IRS provides separate guidance for employment-related identity theft, including checking your tax records and considering an Identity Protection PIN.
Do not automatically assume that every unfamiliar wage entry proves a fraudulent income tax return was filed.
Identify whether the issue involves a fraudulent return, unauthorized employment information, or both.
What Is an IRS Identity Protection PIN?
An Identity Protection PIN, commonly called an IP PIN, is a six-digit number used to help prevent fraudulent federal income tax returns from being filed using your Social Security number or Individual Taxpayer Identification Number.
The IRS issues a new IP PIN each year.
Taxpayers can voluntarily enroll in the program, subject to identity verification requirements.
If you receive an IP PIN, it must be used when required on future federal tax filings.
An IP PIN helps protect against future fraudulent filings, but it does not automatically resolve an existing identity-theft case.
Learn more at IRS: Get an Identity Protection PIN.
Additional Steps to Protect Your Identity
When you suspect tax-related identity theft, consider whether your personal information may also be at risk outside the IRS.
- Review your IRS Online Account for unfamiliar tax information.
- Check available wage and income transcripts for unexplained records.
- Secure your email, tax software, and financial accounts.
- Change passwords if account access may have been compromised.
- Consider fraud alerts or credit freezes when appropriate.
- Review guidance from IdentityTheft.gov for broader identity-theft recovery.
- Keep a written record of suspicious activity and the actions you take.
Use official websites and secure communication methods when providing personal information.
Can You Get a Copy of the Fraudulent Tax Return?
In certain circumstances, identity-theft victims may request a copy of a fraudulent federal tax return filed using their identifying information.
The IRS provides Form 4506-F, Identity Theft Victim’s Request for Copy of Fraudulent Tax Return, for this purpose.
Form 4506-F is different from Form 14039.
Form 14039 reports qualifying tax-related identity theft.
Form 4506-F requests a copy of a fraudulent return when the taxpayer meets the applicable requirements.
Not every taxpayer needs to request a fraudulent return copy.
Will Filing Form 14039 Immediately Release Your Refund?
No.
Filing Form 14039 alerts the IRS to a tax-related identity-theft issue when the form is appropriate.
It does not guarantee immediate refund release.
The IRS may need to determine which return is legitimate, remove fraudulent information from the affected account, and complete additional processing.
These steps can take time.
If you have not yet filed your legitimate return, you may still need to do so using the procedure appropriate for your circumstances.
If you already filed your own return and identity theft is interfering with its processing, the IRS may need to resolve the account problem before issuing any refund due.
Form 14039 helps report the identity-theft problem.
The IRS must still investigate and correct the affected tax account as necessary.
Any legitimate refund remains subject to applicable tax laws, verification requirements, and processing procedures.
How Long Does an IRS Identity Theft Case Take?
Identity-theft cases do not all follow the same processing timeline.
The time required depends on the facts, the affected returns, and the IRS procedures involved.
Some cases require identity verification. Others require account corrections or investigation of fraudulent returns.
The IRS cautions that duplicate Forms 14039 and unnecessary repeat submissions can contribute to delays.
Respond promptly to legitimate requests for additional information.
For current processing information, review the IRS identity-theft resources rather than assuming the normal CP05 review period applies.
Can the Taxpayer Advocate Service Help?
The Taxpayer Advocate Service, or TAS, is an independent organization within the IRS.
TAS may assist qualifying taxpayers experiencing financial hardship or unresolved IRS problems.
If tax-related identity theft has created serious financial consequences or an unresolved processing problem, you may wish to review TAS eligibility.
TAS assistance is free for qualifying taxpayers.
However, contacting TAS does not guarantee immediate resolution or refund release.
Visit TaxpayerAdvocate.irs.gov or call 877-777-4778.
Sample Statement: Reporting a Tax Return You Never Filed
Use this example to organize the facts before contacting the IRS or completing an applicable identity-theft report.
I received IRS Notice [Notice Number] dated [Date] regarding a federal income tax return for tax year [Year].
I did not prepare, file, sign, or authorize the tax return referenced in this notice.
I first became aware of the issue when I received the notice on [Date].
I do not recognize the following information associated with the return, if applicable: [Describe unfamiliar employer, income, refund, or other details without including unnecessary sensitive information].
I am reporting suspected tax-related identity theft and requesting that the IRS review the unauthorized return and provide any additional instructions necessary to protect and correct my tax account.
I will provide the required identity-theft documentation through the procedure specified in my IRS notice.
Thank you for reviewing this matter.
This is an educational template, not an official IRS form. It does not replace Form 14039 or any required identity-verification procedure.
Identity Theft Response Tracking Worksheet
Use this worksheet to keep track of the notice, reporting steps, and account-protection measures.
My IRS Identity Theft Response Record
Identity Theft Checklist
☐ Confirm the notice is genuine
☐ Identify the exact IRS notice number
☐ Confirm the return was not authorized
☐ Review the notice’s identity-theft instructions
☐ Complete Form 14039 if directed
☐ Mail the affidavit to the correct notice address
☐ Retain copies and available mailing confirmation
☐ Review IRS Online Account information
☐ Consider obtaining an IRS IP PIN
☐ Review other identity-protection steps
☐ Respond to further IRS correspondence
Notes
Do not write your full Social Security number, IP PIN, passwords, or banking credentials on this worksheet if it may be shared or stored insecurely.
Frequently Asked Questions About IRS Tax-Related Identity Theft
Why did the IRS send me CP05 if I never filed a return?
Someone may have submitted a tax return using your identifying information without your permission. The IRS’s CP05 guidance instructs taxpayers who did not file to complete Form 14039 and mail it to the address at the top of the notice.
What should I do if I receive CP05A for a return I never filed?
The IRS’s CP05A guidance instructs taxpayers in this situation to complete Form 14039, Identity Theft Affidavit, and mail it to the address provided on the notice.
What if I receive CP05B for an unauthorized return?
The IRS directs taxpayers who did not file or authorize the return to complete Form 14039 and mail it to the return address on the notice.
Is Form 14039 required for every IRS identity-verification letter?
No. Some IRS identity-verification letters specifically instruct taxpayers not to file Form 14039. Follow the instructions for your exact letter or notice.
Can I complete Form 14039 online?
The IRS provides an online Form 14039 option in applicable situations. However, CP05-family guidance specifically directs taxpayers responding to an unauthorized return to complete and mail the affidavit to the notice address.
Does Form 14039 automatically remove a fraudulent return?
No. It reports the identity-theft issue when appropriate. The IRS must review the case and make necessary account corrections.
Will Form 14039 immediately release my refund?
No. Filing the affidavit does not guarantee immediate refund payment. The IRS may need to resolve the identity-theft issue and complete legitimate return processing.
What if my tax return is rejected because someone already filed?
Review the IRS’s identity-theft guidance. You may need to file a paper return and follow the applicable procedures for reporting a fraudulent filing.
Should I request an IRS IP PIN?
An IP PIN can help protect against future fraudulent federal income tax filings. It is a useful protective option, although it does not automatically resolve an existing identity-theft case.
What if I see wages from an employer I never worked for?
That may indicate employment-related identity theft or incorrect reporting. Review the IRS’s employment-related identity-theft guidance and determine whether an unauthorized tax return was also filed.
Can I obtain a copy of a fraudulent tax return?
Qualifying identity-theft victims may request a copy using IRS Form 4506-F. The form has a different purpose from Form 14039.
Can TAS help with an identity-theft-related refund problem?
Potentially. TAS may help eligible taxpayers experiencing financial hardship or unresolved IRS problems. Assistance does not guarantee immediate refund release.
Final Thoughts: An Unauthorized Return Requires a Different Response
Receiving an IRS notice about a tax return you never filed can be confusing and alarming.
But the distinction between a normal refund delay and a potentially fraudulent return is essential.
If you filed the return, follow the ordinary instructions for your specific IRS notice.
If you did not file or authorize the return, review the notice’s identity-theft instructions immediately.
For CP05, CP05A, and CP05B, the IRS specifically directs taxpayers in this situation to complete Form 14039 and mail it to the address provided on the notice.
Other identity-verification letters may require a different procedure.
Keep copies of your correspondence, consider an Identity Protection PIN, and continue monitoring your tax account.
Most importantly, do not treat a potentially unauthorized tax return as an ordinary refund delay.
More IRS Identity Theft and Refund Help From RefundTalk
RefundTalk publishes educational guides explaining IRS notices, identity verification, tax refund delays, wage discrepancies, and taxpayer rights.
Explore more tax refund resources at RefundTalk.com.
Official IRS Sources and Further Reading
- IRS: Understanding Your CP05 Notice
- IRS: Understanding Your CP05A Notice
- IRS: Understanding Your CP05B Notice
- IRS: Identity Theft Guide for Individuals
- IRS: How Identity Theft Victim Assistance Works
- IRS: Get an Identity Protection PIN
- IRS: Understanding Letter 4883C
- IRS: Understanding Letter 5747C
- FTC: IdentityTheft.gov
- Taxpayer Advocate Service
Editorial Disclaimer: This article provides general educational information and is not individualized tax or legal advice. IRS identity-theft procedures vary by notice and may change. Follow the instructions in your actual IRS correspondence and consult a qualified tax professional when appropriate.