Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Need to Know About the Tax Fraud Surge in Electronic Filing

Author: Scarinci Hollenbeck, LLC

Date: March 21, 2017

Key Contacts

Back

Taxes have become easier than ever to send in due to TurboTax and similar programs that claim to help first-timers file their returns like seasoned veterans.

But with the ease of electronic filing also comes a very real danger: Tax fraud. It’s not a new concept, but as with many areas of society, laws and regulations have yet to catch up with the schemes criminals are using to game the system.

Growing threat

With Americans relying more on credit cards and online shopping, identity fraud has quickly become the crime of choice for many thieves. Javelin Strategy and Research found that $112 billion has been stolen from consumers over just the past six years, but criminals aren’t just using that information to buy electronics or drain a bank account.

Instead, they’re going one step further by filing false tax returns. The previously arduous task is now easier than ever, making it a prime target to squeeze out a few thousand dollars from victims. According to U.S. News & World report, nearly 237,000 people went to file their taxes in 2015, only to find out someone else beat them to the punch. The Internal Revenue Service is getting a handle on the situation, though, as it stopped almost 787,000 bogus tax returns from seeking $4 billion in refunds.

As a measure to stop tax return fraud at the state level, many governing bodies are now requiring driver’s licenses to be recorded if a person want’s to e-file, according to Accounting Today. Some states have made this a mandatory measure, like New York and Ohio. Others, such as California and Wisconsin, don’t yet demand filers to give identification, but instead request it. It’s likely this will be a fast-moving trend adopted by the entire country at some point.

“Since last summer, the Federation of Tax Administrators, the IRS, and the tax preparation software industry have been working together to establish more robust security measures for the detection and prevention of refund fraud,” a statement from acting director of the New Jersey Division of Taxation, John Ficara, read. “These security measures include several new data elements, both required and optional, to be provided by the taxpayer when utilizing tax preparation software to complete and file income tax returns. Driver license information will be an optional data element when filing electronically this year.”

Were you defrauded of your tax return?

If you find yourself a victim of this crime, know that there are a few options you can take. First and foremost, though, U.S. News & World Report recommended taking back control of your finances. Alert your banking institution and the three federal credit agencies that your identity has been stolen, and go through any means necessary to restore full control over your identity. Remember, if they’ve filed a tax return in your name, they have your social security number.

If you’re lucky, you’ll receive notification from the IRS stating they found a fraudulent return in your name and declined it. If that happens, you’ll be free to file your return as you normally would after taking the aforementioned precautions to protect yourself against identity theft. But, the news source warned that the IRS budget is stretched thin, meaning there isn’t a lot of manpower tasked to catching tax return fraud.

After finding out your tax return has already been processed, you’ll want to fill out form 14039 and send it into the IRS agency. If you haven’t put a freeze on your bank account and alerted the banking institution and credit agencies, now is the time to do so. After that, U.S. News & World Report recommended filing a police report. You may also want to file a report with the Federal Trade Commission. The organization will be able to give you more advice on how to move further.

Once all that is done, consider meeting with a local tax attorney. Not only can they suggest reputable tax preparers to work with moving forward—in the off chance you were scammed by your former tax preparer if you hadn’t filed online—but they can help you assess the best course of action to take moving forward. No one is more experienced in the realm, and it’s certainly worth the money to receive counsel from those who have seen cases like yours countless times before.

Moving forward, you’ll be in the business of getting better prepared. It’s highly recommended you obtain a tax filing pin. This will ensure criminals can’t file your tax returns, but be wary—if you lose it, you won’t be able to file either.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!