My ex-wife used my info to file for 2017, 2018, and 2019 as Married Filing Jointly, without my permission and she was able to get my Stimulus Checks, how do i fix?

[purpletmgmt-gmai]

She used my SSN and falsified income info for all 3 years.

[fanfare]

If someone else used your deductions or a false filing status of married when your filing status was SINGLE, you should file the IRS fraud form -Form 3949-A Information Referral.

You can file 1040 (or 1040-X) for tax year 2020 to get the stimulus payments EIP1 and EIP2, given that you did not already get them.

It could take a long time (years) for the IRS to resolve this.

[fanfare]

Alternatively, and likely preferably,  you can file form 14039 Identity Theft Affidavit.

This will put you on the IP PIN list going forward, and help advance your own tax return.

IRS is now recommending that everybody get on the IP PIN list.

See here: www.irs.gov/victimassistance.

[Opus 17 · Accepted solution]

There are some important questions that you have not answered.  Why did you not file a tax return for 2017, 2818, and 2019 previously?  It would have been permissible if your income was less than $12,000, but that would be unusual unless you are retired.

It is important to make sure that the IRS has accurate information for all of your tax years. Because the IRS thinks that you filed joint returns for 2017, 2018, and 2019, the IRS could hold you liable for factual inaccuracies on those returns until you can prove that the returns were fraudulent.

I would start by filing a form 14039-T, identity theft affidavit.  You will need to explain the facts and circumstances, and you may wish to include a copy of your divorce decree or at least the final signature pages with the judge’s signature and the effective date, to prove that you were single on or before December 31, 2017.

Next, you need to file your own accurate single tax returns for 2017, 2018, 2019, and 2020, even if you did not have enough taxable income to be required to pay taxes.  It will be critical to get all of the facts on file correctly.  If you didn’t file those years because you have been working under the table, now is as good a time as any to come clean and pay what you owe and make sure the problem doesn’t compound in the future if this fraud goes in corrected.  In that case, you may want the advice of a tax professional because they may be able to help you negotiate a reduced settlement with the IRS.

There is an additional fraud reporting procedure, but it looks like this procedure does should not be used when the fraud involves yourself. In that case you stick with the 14039-T.  But here is a link just in case.  https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity

You will also want to visit ftc.gov for additional information on identity theft. There are a number of additional things you should be checking and steps you should be taking to make sure that your identity can’t be further abused by your ex.  You will need to get copies of all three of your full credit reports and make sure that additional debt was not taken out in your name. You will want to freeze or lock your credit reports so that new debt can’t be taken out in your name. You will want to go to the IRS online account website and claim your online account before your ex gets the idea to claim it for herself fraudulently.

[purpletmgmt-gmai]

In 2017, 2018, and 2019 I was on drugs pretty bad and hadnt made much money, I was also homeless off and on for most of that time. I got clean in April of 2020 and have remained so since then. But to answer your question, I definitely made less than $12,000 for each of those years. The only income I received would have been untaxable at best also.. So Idk where that puts me, but I hope I’m not at risk of some sort of tax evasion now too on top of her attempt at taking advantage of me.. Technically I have been on the streets for quite some time and have never filed taxes due to being claimed a dependent by my mother up until around 2015..

As far as the tax returns, I have recovered the return copies from each year and have even tracked down the evidence of her taking my stimulus checks illegally. I really hesitate to put her in any legal trouble because it goes against my character, but im between a rock and a hard place and currently not doing so well since unemployment ran out. I have tried to get a job for the last 3 months but to no avail (pretty sure my face tattoos get in the way...). But i NEED this return and the stimulus funds asap, regardless of her possibly getting in legal troubles as a result.

Also she has claimed my IRS account and wont give me access. I only discovered she did all this when I attempted to do the Non-Filers option for the first stimulus payment. I have had to investigate on my own the whole way through up until recently when I discovered where she got the taxes done and threatened the tax guy until he turned over all the records he had available.. This has been exhausting to say the least and I’m sure its going to be a long time before its all settled, but these funds are  critical to my survival at this point. I have no safety net to speak of and risk homelessness very soon here... Thank you for your help, your contribution to my situation is greatly appreciated sir.

[fanfare]

it is your 2020 return that determines your stimulus payments. The tax returns for 2017-2019 don't matter.

BUT

if another joint return was filed for 2020 with your name on it, you won't be able to e-File

Instead you would mail it in, with a filing status of SINGLE.

IRS will sort it out.

Don't file any other forms suggested above if you don't want to.

E-Filing will end Oct 15.

also you don't need any income to file a tax return for the stimulus payments.

[Opus 17]

@purpletmgmt-gmai 

An important part of recovery is accountability, but that goes both ways. Bringing your ex’s deception to the attention of the IRS is not punishment or vindictiveness, it is holding her accountable for her own bad choices.

I also very strongly disagree with @fanfare .  The IRS has three years to audit any tax return, six years in the case of a problem that causes a greater than 25% difference in the amount of tax due, and the IRS can audit a taxpayer essentially forever if they accuse the taxpayer of civil fraud.  On any joint tax return, both signatories can be held jointly and severally liable for any errors on the tax return. For that reason, I believe it is vitally important that you inform the IRS that you were not married for those years, and that you did not consent to filing a joint return.  It is true that if you only care about the stimulus check, you only need to file a 2020 tax return.  But the entire situation is a mess and no one can predict how or when it might turn on you in the future.

Good luck.  

[Carl]

Don't see why this thread is so long. This is more of a legal issue than a tax issue per-se. You should consult with an attorney; probably a tax attorney would be best.

[Mike9241]

you should file form 14039 - identity theft affidavit and form 3949-A - information referral with the IRS

https://www.irs.gov/pub/irs-pdf/f14039.pdf 

https://www.irs.gov/pub/irs-pdf/f3949a.pdf