Proving Identity Theft – Documentation is a key, and victims need to take action immediately

Previously I’ve blogged about Identity Theft with regard to your federal tax return, but there are differences with regard to ID Theft with the Franchise Tax Board and how to deal with it. Both entities need you to report it immediately and try to resolve it swiftly. If the thief earned wages using your social security number this could cause future problems if the Franchise tax board matches and determines that you, the taxpayer have unreported your income.

There are two specific types of identity theft that directly affect taxpayers:
Refund fraud: A thief steals an identity to obtain a refund. The taxpayer won’t usually find out until you try to e-file your tax return and it is rejected either by the IRS or the FTB has received a return under the social security number and
Employment-related fraud: Someone uses your social security number to secure employment. The employer reports the income to the FTB or the IRS. When the FTB does its thing with income matching, you will get a notice regarding the unreported income. Usually the FTB notice is the first indication to you that you are a victim of identity theft.

You need to prove that you are a victim of ID Theft – You should have the following documents that would prove the claim:
* A police report indicating that you filed a claim for identity theft
* A revised IRS report showing that the IRS modified the assessment to account for your wages being reported incorrectly under your social security number and
* Various materials relating to proof of the taxpayer’s California employment (timecards, work schedules, pay stubs and statements from employers would prove you were not working in other locations)

If you suspect or know that you are a victim of identity theft, It is really important to file FTB form 3552, Identity Theft Affidavit, and be prepared to send the following documents with this form to the FTB:
* a Copy of your passport
* a copy of a Drivers license or CMV identification card
* a Copy of your social security card
* a copy of your IRS letter of determination, if it applies.
You can also file form 3552 if you think your identity has been compromised but not yet had any signs of theft.

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