What should I do if someone else uses my name and address to obtain an EIN?

[steamed_fish]

I have never applied for an EIN, nor have I authorized anyone to apply for an EIN on my behalf. However, I recently received correspondence indicating that an EIN has been assigned to me.

From what I understand, a friend of mine hired a third-party company to apply for an EIN on her behalf. This company asked her for two address, and she provided both my address and hers to the company. Due to their communication error, this company mistakenly used my name and my previous address for the application.

I have always taken proper care of my SSN, and I believe it has not been compromised. Neither my friend nor the third-party company is aware of my SSN, and I believe the third-party company use someone else's SSN as a third-party designee in this application.

Shall I submit Form 14039-B to IRS, or just write a letter to them to cancel the EIN? Does anyone know what kind of consequences this mistake could bring for me?

Thank you!

[Bsch4477]

If you determine your identity has been misused and an EIN has been improperly assigned to you. Consider filing a Form 14039-B, Business Identity Theft AffidavitPDF or contact us for specialized assistance, toll-free

[steamed_fish]

Thank you for the reply, I believe the EIN was mistakenly assigned to me. My name and address were used incorrectly, but my SSN is safe and has not been misused.

In such a case, should I also submit Form 14039-B? After submission, will the IRS deactivate the corresponding EIN? In fact, there is no company in existence that has the same name as the entity registered with the EIN, it's my personal name.

[Opus 17]

An EIN cannot be issued by the IRS without it being linked to the name and SSN of someone as the “responsible party.“ I suppose it is possible that your address has been linked to your friends name without your SSN being linked to your friends account, but there’s no way to know for sure without contacting the IRS. You can try calling the toll-free number and asking for assistance, but if you don’t get a satisfactory answer, I would file the form, because you want to get it straightened out as soon as possible.

[steamed_fish]

Thank you very much, it seems submit 14039-B is the right way to go, but it seems the IRS will take more than 6 months to process it. I see on their website that they are currently processing Form 14039-B submitted in June 2023.

[dmertz]

If it was me, I would file Form 14039-B with box 1 in Section A marked and let the IRS figure it out.  Even if it wasn't intentional, it's still a theft, or at least a misuse, of your identity.  Section D is there for you to provide explanation.

steamed_fish, it sounds fishy to me that they would ask for two addresses or or for a name other than your friend's.  Only one name and one address is needed to obtain an EIN.

[steamed_fish]

thank you so much, yes, I know, the third-party company is quite fishy, fortunately, they only know my name and address, not SSN. They used my personal name as the legal entity's name (which is ridiculous...), I only found out about all this after the EIN was assigned, so I'm also very angry with my friend. 

I've always been careful with my SSN, but I didn't know that someone could apply for an EIN with my name just using my name and address.

[xmasbaby0]

@steamed_fish 

All your friend had to do was go on an IRS website and apply for an EIN:

https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-n...

The whole story about paying a third party and needing your name and address sounds very suspect.  Take all possible steps to protect your SSN--just in case your "friend" actually managed to obtain it unbeknownst to you.  

[steamed_fish]

Thank you! My friend wasn't aware of these details before, but I'm sure she doesn't have my SSN. I think the actual situation is that the third-party company used their own SSN to apply this EIN as the TPD (Third Party Designee).