- 25.23.11 Business Master File (BMF) Identity Theft Procedures for Accounts Management
- 25.23.11.1 Program Scope and Objectives
- 25.23.11.1.1 Background
- 25.23.11.1.2 Authority
- 25.23.11.1.3 Roles and Responsibilities
- 25.23.11.1.4 Program Management and Review
- 25.23.11.1.5 Program Controls
- 25.23.11.1.6 Terms and Acronyms
- 25.23.11.1.7 Related Resources
- 25.23.11.2 Business Master File (BMF) Identity Theft Overview
- 25.23.11.3 Business Master File (BMF) ID Theft Research
- 25.23.11.4 Business Master File (BMF) Identity Theft Indicators
- 25.23.11.5 Business Master File (BMF) Form 14566 Referral Liaisons
- 25.23.11.6 Business Master File (BMF) Identity Theft Inquiries for Non-Specialized Employees in IMF and BMF Accounts Management
- 25.23.11.6.1 Non-Tax Related Identity Theft
- 25.23.11.6.2 Individual Taxpayers Reporting to be Victims of Business-Related Identity Theft
- 25.23.11.6.2.1 BMF Identity Theft Paper Inquiry
- 25.23.11.6.2.2 BMF Identity Theft Phone Inquiry Made to a BMF AM CSR
- 25.23.11.6.2.2.1 CSR Telephone Guidance for Form 14039-B
- 25.23.11.6.2.2.2 BMF Transcripts and Identity Theft - Phone Inquiry Made to a BMF AM CSR
- 25.23.11.6.3 BMF Returns Selected for RICS Review
- 25.23.11.7 BMF Identity Theft for Specialized BMF Identity Theft Teams Only
- 25.23.11.7.1 BMF Identity Theft Inventory Overview
- 25.23.11.7.1.1 BMF Case Assignment and Inventory Management - General Guidance
- 25.23.11.7.1.2 Monitoring Case Controls
- 25.23.11.7.1.3 Mailbox Procedures
- 25.23.11.7.1.4 Priority Codes for BMF IDT
- 25.23.11.7.2 BMF IDT Research and Required Actions - Overview
- 25.23.11.7.3 Statute Considerations
- 25.23.11.7.3.1 Statute Imminent Assessments for BMF IDT Cases
- 25.23.11.7.3.2 Addressing Barred Assessments on BMF IDT Cases
- 25.23.11.7.4 Incoming BMF Identity Theft Referrals/Claims - AM BMF Identity Theft Teams Only
- 25.23.11.7.4.1 Fabricated Entity Reconsiderations
- 25.23.11.7.4.2 Fabricated Entity Clean Up Referrals
- 25.23.11.7.4.3 BMF Transcripts & IDT
- 25.23.11.7.4.4 SBSE Recapture CARES Act Credit Cases
- 25.23.11.7.4.5 BMF Accounts with RICS and/or IDT Involvement
- 25.23.11.7.4.6 ENTLOK Entity Change Request
- 25.23.11.7.4.7 Taxpayer Claims No Association with EIN
- 25.23.11.7.4.7.1 Entity Using Unassociated Name and/or Address
- 25.23.11.7.4.7.2 Fabricated Entity
- 25.23.11.7.4.8 Cases Received from Appeals
- 25.23.11.7.4.8.1 Non-Docketed Cases Returned from Appeals
- 25.23.11.7.4.8.2 Docketed Cases Received from Appeals
- 25.23.11.7.4.8.3 Collection Due Process Cases Returned from Appeals
- 25.23.11.7.4.9 BMF Identity Theft Claims Received Reporting an IMF IDT Issue
- 25.23.11.7.5 BMF Identity Theft Outgoing Referrals - AM BMF Identity Theft Teams Only
- 25.23.11.7.5.1 Fabricated EINs
- 25.23.11.7.5.2 Collection Activity - Form 13794 Additional Actions Required - Lien - AM BMF Identity Theft Teams Only
- 25.23.11.7.6 Accounts Containing TC 130
- 25.23.11.7.6.1 Reversing TC 130 - AM BMF IDT Employees Only
- 25.23.11.7.7 Reversing BMF Identity Theft Indicators
- 25.23.11.7.1 BMF Identity Theft Inventory Overview
- 25.23.11.8 Identity Theft Case Processing
- 25.23.11.8.1 Identity Theft (IDT) with Invalid Returns
- 25.23.11.8.1.1 Two Returns Posted - Invalid Return Posted First/Valid Return is a Refund or Zero Balance
- 25.23.11.8.1.2 Two Returns Posted - Invalid Return Posted First/Valid Return is a Balance Due
- 25.23.11.8.1.3 Valid Return Posted First/Invalid Return Posted Second
- 25.23.11.8.1.4 ID Theft Return is an Amended Return
- 25.23.11.8.1.5 One Invalid Return Filed
- 25.23.11.8.1.6 No Identity Theft (NOIDT) Determinations
- 25.23.11.8.1.7 No Reply
- 25.23.11.8.2 Lost Refund
- 25.23.11.8.1 Identity Theft (IDT) with Invalid Returns
- Exhibit 25.23.11-1 Accounts Management Form 14566 Instructions
- Exhibit 25.23.11-2 Quick Reference Guide to BMF IDT for Account Management BMF Employees
- 25.23.11.1 Program Scope and Objectives
Part 25. Special Topics
Chapter 23. Identity Protection and Victim Assistance
Section 11. Business Master File (BMF) Identity Theft Procedures for Accounts Management
25.23.11 Business Master File (BMF) Identity Theft Procedures for Accounts Management
Manual Transmittal
September 15, 2026
Purpose
(1) This transmits revised IRM 25.23.11, Business Master File (BMF) Identity Theft Procedures for Accounts Management
Material Changes
(1) The following changes have been made throughout IRM 25.23.11, Business Master File (BMF) Identity Theft Procedures for Accounts Management.
| IRM Subsection | Material Change(s) | |
|---|---|---|
| 1. | IRM 25.23.11.1.1 |
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| 2. | IRM 25.23.11.1.6 |
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| 3. | IRM 25.23.11.1.8 |
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| 4. | IRM 25.23.11.2, Business Master File (BMF) Identity Theft Overview |
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| 5. | IRM 25.23.11.2.1, What Is Business Master File (BMF) Identity Theft (IDT)? |
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| 6. | IRM 25.23.11.2.2, Fraud vs. Business Master File (BMF) Identity Theft |
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| 7. | IRM 25.23.11.3, Business Master File (BMF) ID Theft Research |
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| 8. | IRM 25.23.11.4, Business Master File (BMF) Identity Theft Indicators |
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| 9. | IRM 25.23.11.4.1, Accounts Containing TC 130 |
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| 10. | Former IRM 25.23.11.5, Business Master File (BMF) Identity Theft Indicators |
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| 11. | IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons |
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| 12. | IRM 25.23.11.6, Business Master File (BMF) Identity Theft Inquiries for Non-Specialized Employees in IMF and BMF Accounts Management. |
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| 13. | IRM 25.23.11.6.2, Individual Taxpayers Reporting to be Victims of Business-Related Identity Theft |
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| 14. | IRM 25.23.11.6.2.1, BMF Identity Theft Paper Inquiry |
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| 15. | IRM 25.23.11.6.2.1.1, BMF Transcripts and Identity Theft - Paper Inquiry Made to a BMF AM CSR |
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| 16. | IRM 25.23.11.6.2.2, BMF Identity Theft Phone Inquiry Made to a BMF AM CSR |
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| 17. | IRM 25.23.11.6.2.2.1, CSR Telephone Guidance for Form 14039-B |
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| 18. | IRM 25.23.11.6.2.2.2, BMF Transcripts and Identity Theft - Phone Inquiry Made to a BMF AM CSR |
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| 19. | IRM 25.23.11.6.3 |
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| 20. | IRM 25.23.11.6.3.2 |
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| 21. | IRM 25.23.11.6.3.4, BMF Accounts with RICS and/or IDT Involvement - AM BMF Identity Theft Teams Only |
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| 22. | Former IRM 25.23.11.6.4, BMF Identity Theft Paper Inquiry |
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| 23. | IRM 25.23.11.6.4, BMF Identity Theft Paper Inquiry |
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| 24. | IRM 25.23.11.6.4.1, BMF Transcripts and Identity Theft - Paper Inquiry Made to a BMF AM CSR |
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| 25. | IRM 25.23.11.6.5, BMF Identity Theft Phone Inquiry Made to a BMF AM CSR |
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| 26. | IRM 25.23.11.6.5.1, CSR Telephone Guidance for Form 14039-B |
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| 27. | IRM 25.23.11.6.5.2, BMF Transcripts and Identity Theft - Phone Inquiry Made to a BMF AM CSR |
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| 28. | IRM 25.23.11.6.6, BMF Identity Theft Referrals - AM BMF Identity Theft Teams Only |
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| 29. | IRM 25.23.11.6.6.1, Fabricated EINs |
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| 30. | IRM 25.23.11.6.6.2, Collection Activity - Form 13794 Additional Actions Required - Lien - AM BMF Identity Theft Teams Only |
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| 31. | IRM 25.23.11.6.6.3, BMF Transcripts and Identity Theft - AM BMF Identity Theft Teams Only |
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| 32. | IRM 25.23.11.6.7, Account Actions - AM BMF Identity Theft Teams Only |
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| 33. | IRM 25.23.11.6.8, Invalid Return Posted First and the Valid Return is a Balance Due |
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| 34. | IRM 25.23.11.6.9, Lost Refund |
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| 35. | Former IRM 25.23.11.6.10, Erroneous Refund - SBSE Recapture CARES Act Credit Cases - AM BMF Identity Theft Teams Only |
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| 36. | IRM 25.23.11.6.10, Erroneous Refund - SBSE Recapture CARES Act Credit Cases - AM BMF Identity Theft Teams Only |
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| 37. | Former IRM 25.23.11.6.11, No Identity Theft (NOIDT) Determinations |
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| 38. | IRM 25.23.11.6.11, No Identity Theft (NOIDT) Determinations |
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| 39. | IRM 25.23.11.6.12, Reversing TC 130 - AM BMF IDT Employees Only |
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| 40. | IRM 25.23.11.6.13, Reversing BMF Identity Theft Indicators |
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| 41. | IRM 25.23.11.7, BMF Identity Theft for Specialized BMF Identity Theft Teams Only |
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| 42. | IRM 25.23.11.7.1, BMF Identity Theft Inventory Overview |
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| 43. | IRM 25.23.11.7.1.1, BMF Case Assignment and Inventory Management - General Guidance |
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| 44. | IRM 25.23.11.7.1.2, Monitoring Case Controls |
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| 45. | IRM 25.23.11.7.1.3, Mailbox Procedures |
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| 46. | IRM 25.23.11.7.1.4, Priority Codes for BMF IDT |
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| 47. | IRM 25.23.11.7.2, BMF IDT Research and Required Actions – Overview |
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| 48. | IRM 25.23.11.7.3, Statute Considerations |
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| 49. | IRM 25.23.11.7.3.1, Statute Imminent Assessments for BMF IDT Cases |
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| 50. | IRM 25.23.11.7.3.2, Addressing Barred Assessments on BMF IDT Cases |
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| 51. | IRM 25.23.11.7.4, Incoming BMF Identity Theft Referrals/Claims - AM BMF Identity Theft Teams Only |
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| 52. | IRM 25.23.11.7.4.1, Fabricated Entity Reconsiderations |
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| 53. | IRM 25.23.11.7.4.2, Fabricated Entity Clean Up Referrals |
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| 54. | IRM 25.23.11.7.4.3, BMF Transcripts & IDT |
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| 55. | IRM 25.23.11.7.4.4, SBSE Recapture CARES Act Credit Cases |
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| 56. | IRM 25.23.11.7.4.5, BMF Accounts with RICS and/or IDT Involvement |
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| 57. | IRM 25.23.11.7.4.6, ENTLOK Change Request |
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| 58. | IRM 25.23.11.7.4.7, Taxpayer Claims No Association with EIN |
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| 59. | IRM 25.23.11.7.4.7.1, Entity Using Unassociated Name and/or Address |
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| 60. | IRM 25.23.11.7.4.7.2, Fabricated Entity |
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| 61. | IRM 25.23.11.7.4.8, Cases Received from Appeals |
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| 62. | IRM 25.23.11.7.4.8.1, Non-Docketed Cases Returned from Appeals |
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| 63. | IRM 25.23.11.7.4.8.2, Docketed Cases Received from Appeals |
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| 64. | IRM 25.23.11.7.4.8.3, Collection Due Process Cases Returned from Appeals |
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| 65. | IRM 25.23.11.7.4.9, BMF Identity Theft Claims Received Reporting an IMF IDT Issue |
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| 66. | IRM 25.23.11.7.5, BMF Identity Theft Outgoing Referrals - AM BMF Identity Theft Teams Only |
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| 67. | IRM 25.23.11.7.5.1, Fabricated EINs |
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| 68. | IRM 25.23.11.7.5.2, Collection Activity - Form 13794 Additional Actions Required - Lien - AM BMF Identity Theft Teams Only |
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| 69. | IRM 25.23.11.7.6, Accounts Containing TC 130 |
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| 70. | IRM 25.23.11.7.6.1, Reversing TC 130 - AM BMF IDT Employees Only |
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| 71. | IRM 25.23.11.7.7, Reversing BMF Identity Theft Indicators |
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| 72. | IRM 25.23.11.8, Identity Theft Case Processing |
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| 73. | IRM 25.23.11.8.1, Identity Theft (IDT) with Invalid Returns |
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| 74. | IRM 25.23.11.8.1.1, Two Returns Posted - Invalid Return Posted First/Valid Return is a Refund or Zero Balance |
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| 75. | IRM 25.23.11.8.1.2, Two Returns Posted - Invalid Return Posted First/Valid Return is a Balance Due |
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| 76. | IRM 25.23.11.8.1.3, Valid Return Posted First/Invalid Return Posted Second |
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| 77. | IRM 25.23.11.8.1.4, ID Theft Return is an Amended Return |
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| 78. | IRM 25.23.11.8.1.5, One Invalid Return Filed |
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| 79. | IRM 25.23.11.8.1.6, No Identity Theft (NOIDT) Determinations |
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| 80. | IRM 25.23.11.8.1.7, No Reply |
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| 81. | IRM 25.23.11.8.2, Lost Refund |
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| 82. | Editorial Changes |
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Effect on Other Documents
IRM 25.23.11, Business Master File (BMF) Identity Theft Procedures for Accounts Management, dated August 26, 2025 and effective October 1, 2025, is superseded. The following IRM Procedural Updates (IPUs) issued on December 8, 2025 and June 1, 2026 have been incorporated into this IRM: IPU 25U3700, IPU 26U0581.
Audience
The provisions in this manual apply to all Accounts Management employees working BMF identity theft cases.
Effective Date
(10-01-2026)
LuCinda Comegys
Director, Accounts Management
Taxpayer Services
- Purpose: This manual provides case procedures for use when working Accounts Management (AM) Business Master File (BMF) identity theft inventory and helping victims of identity theft.
- Audience: The primary users of the IRM are all Accounts Management employees who are in contact with taxpayers by telephone, correspondence, or in-person with business-related identity theft.
- Policy Owner: Director, Customer Account Services.
- Program Owner: Identity Protection Strategy and Oversight (IPSO) is the internal organization responsible for the administration, procedures, and updates related to Accounts Management Business Master File identity theft.
- Program Goals: This IRM aims at quickly and effectively resolving Business Master File (BMF) accounts where identity theft is claimed or identified. This IRM outlines the steps to provide relief to those taxpayers whose accounts have been affected by identity theft.
- Business Master File (BMF) Identity Theft can involve the use of identifying information about a business to file invalid returns to support Individual Master File (IMF) identity theft or to obtain refunds from BMF accounts. An individual's stolen personal information can also be used to obtain an Employer Identification Number (EIN) which is used to file false IMF and/or BMF tax returns and income documents. BMF accounts includes the following entity types: sole proprietorship, corporation, partnership, estate, trust, exempt organization, or government entity.
- The Taxpayer Bill of Rights (TBOR) lists rights that already existed in the tax code, putting them in simple language and grouping them into 10 fundamental rights. Employees are responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3), Execution of Duties in Accord with Taxpayer Rights. For additional information about the TBOR, see www.irs.gov/taxpayer-bill-of-rights.
- Policy Statement 10-1, Assisting Taxpayers who Report they are Victims of Identity Theft See IRM 1.2.1.17, Policy Statements for Security, Privacy and Assurance Activities.
- The statutory authority for the Fraudulent Return Request (FRR) is IRC 6103(e), Disclosure to Persons Having Material Interest, which provides a listing of persons who may generally request and receive returns and return information. IRC 6103(e)(1)-(6) and IRC 6103(e)(10) concern disclosure of returns. IRC 6103(e)(7) through (e)(9) as well as (e)(11) refer to disclosure of "return information."
- The Taxpayer Advocate Service (TAS) is an independent organization within the Internal Revenue Service (IRS), led by the National Taxpayer Advocate, that helps taxpayers and protects taxpayer rights. TAS offers free help to taxpayers when a tax problem is causing a financial difficulty, when they’ve tried and been unable to resolve their issue with the IRS, or when they believe an IRS system, process, or procedure just isn’t working as it should. TAS strives to ensure that every taxpayer is treated fairly and knows and understands their rights under the Taxpayer Bill of Rights. TAS has at least one taxpayer advocate office located in every state, the District of Columbia, and Puerto Rico.
- All AM employees who take phone calls or work paper cases, where the taxpayer states they are a victim of BMF ID theft or the employee identifies BMF ID theft, are responsible for following the procedures set forth in this IRM.
- Additional information is found in IRM 1.1.13.6.3, Accounts Management, and IRM 21.1.1, Accounts Management and Compliance Services Overview.
- Managers and leads ensure compliance with the guidance and procedures in this IRM.
- Employees not specialized in the BMF IDT program will be responsible for identifying BMF IDT and referring/routing inquiries and cases for BMF IDT resolution.
- Program Reports: For reports concerning quality, inventory, aged listing, refer to IRM 1.4.16, Accounts Management Guide for Managers. To ensure work is resolved timely and inventory reports reflect the correct data, each AM campus MUST download the Case Control Activity (CCA) 4243, IDRS Overage Report, and CCA 4244, IDRS Multiple Case Control Report, from Control-D WebAccess (CTDWA).
Program Effectiveness: Program effectiveness is measured and controlled through:
- Managerial Reviews
- Quality Reviews
- Goals, measures and operating guidelines are provided in the yearly Program Letter. Quality data and guidelines for measurement is referenced in IRM 21.10.1, Embedded Quality (EQ) Program for Accounts Management, Campus Compliance, Field Assistance, Tax Exempt/Government Entities, Return Integrity and Compliance Services (RICS) and Electronic Products and Services Support.
- Key BMF IDT terminology used throughout this guidance is defined below.
- Business Identity Theft: BMF identity theft (IDT) is defined as creating, using, or attempting to use a business’s identifying information to obtain a tax benefit without authority.
- Fraud: Fraud is when a true owner of the EIN or authorized party attempts to file false tax documents to receive a refund, reduce a tax liability, or receive other tax benefits to which they are not entitled.
Fabricated EIN: A fabricated EIN is an EIN established for a business that does not exist. The sole purpose of the fabricated EIN is to defraud the government through the filing of invalid tax returns (BMF or IMF) or income documents. They can also be used for other illicit activities not related to the filing of federal tax returns or other forms. The associated Personally Identifiable Information (PII) may be stolen personal data. This is considered identity theft.
Example:
An EIN is established and used to report false information on an IMF return to obtain a refund. The fabricated EIN may be found on Schedule C, Schedule F, Schedule H, etc.
Example:
An EIN is established using a taxpayer’s name and/or address, but the responsible party shows a different taxpayer. The taxpayer whose name and/or address is used to establish the EIN has no knowledge of the EIN and states they did not request it. Although they are not the responsible party, identifying information was used to establish the EIN.
- Tax-Related Impact: The ID theft has caused a direct effect to the taxpayer’s account. This can include the filing of tax returns or income documents.
Non-Tax Related Impact: The business’ information has been stolen, but currently there is no direct effect on the taxpayer’s account.
Example:
A credit card is opened using a business' information; there is no impact to the taxpayer's tax account.
- Account Clean Up: RICS makes a determination the EIN is fabricated and will send Form 14566 to clean up the account only if there is a debit or credit balance. Adjustments are required only if it is necessary to resolve any balances due, credits, or payments on the account.
Refer to the table below for a list of acronyms used throughout this guidance.
Acronym Definition ACSS Automated Collection System Support AM Accounts Management AMS Accounts Management Services AUR Automated Underreporter BITR BMF ID Theft Research Tool BMF Business Master File BOD Business Operating Division CC Command Code CII Correspondence Imaging Inventory CSCO Compliance Services Collection Operations CSR Customer Service Representative DOD Date of Death EIN Employer Identification Number FRR Fraudulent Return Request IAT Integrated Automation Technologies IDRS Integrated Data Retrieval System IDT Identity Theft IDTVA Identity Theft Victim Assistance IMF Individual Master File IPSO Identity Protection Strategy and Oversight IRM Internal Revenue Manual IRS Internal Revenue Service LLC Limited Liability Company NMF Non-Master File PII Personally Identifiable Information RICS Return Integrity and Compliance Services RIVO Return Integrity and Verification Operation RPM Return Preparer Misconduct SERP Servicewide Electronic Research Program SFR Substitute for Return SSN Social Security Number TAS Taxpayer Advocate Service TC Transaction Code
Conduct thorough research when resolving account issues. While not all inclusive, the following resource list may be helpful when researching account issues:
- IRM Part 21, Customer Account Services
- IRM 25.23.9, BMF Identity Theft Processing
- IRM 20.1, Penalty Handbook
- IRM 20.2, Interest
- IRM 25.6.1, Statute of Limitations Processes and Procedures
- IRM 1.2.1.2.36, Policy Statement 1-236, Fairness and Integrity in Enforcement Selection
- Pub 1, Your Rights as a Taxpayer
- IAT BITR Tool, Integrated Automation Technologies Business Identity Theft Research Tool
- This IRM provides procedural guidance for BMF Accounts Management (AM) personnel authorized to research and process BMF Identity Theft (IDT) phone and paper inquiries.
BMF IDT inquiries are complex and require extensive research. IRM 25.23.9, BMF Identity Theft Processing, provides Servicewide guidance for working cases. BMF taxpayers are often not aware their identities have been compromised until a notice is received from the IRS. The taxpayer may contact the IRS after receiving an unexpected notice regarding an inactive employer identification number (EIN), an EIN they have no knowledge about, or a balance due notice for a BMF form they never filed with the IRS.
Caution:
What appears to be a BMF IDT case may be an unintentional misuse of the EIN (e.g., mixed entity, tax return preparer error, etc.) or fraudulent filing by the EIN owner. This is why thorough research must be completed to rule out routine account issues.
- Generally, individual identity theft victims contact the IRS as they attempt to file the current year income tax return and discover that someone else has already filed a return using their taxpayer identification number. However, it may be several years before a business victim becomes aware of criminal activity and contacts the IRS.
BMF identity theft (IDT) is defined as creating, using, or attempting to use a business’s identifying information to obtain a tax benefit without authority. Examples of tax-related identity theft include (this list is not all inclusive):
- Invalid original or amended returns filed.
Invalid income documents (Form W-2, Form 1099, etc.) filed by an unauthorized party.
Note:
The taxpayer stating, “I did not earn this income” does not always mean the case is identity theft. Complete research must be performed per IRM 25.23.9.4, Business Master File (BMF) Identity Theft Research (Inquiry Received via Paper or Phones) and Exhibit 25.23.9-7, Business Master File (BMF) Identity Theft Research Requirement.
- Fabricated entity established using an individual’s personal identifying information.
- If there is no tax related impact, see IRM 25.23.11.6.1, Non-tax Related ID Theft.
The Service has identified potential ID theft scenarios (this list is not all inclusive):
- ID thief files an invalid return (original or amended) to obtain a refund.
- ID thief files invalid return or returns to support individual identity theft filings.
- ID thief establishes an EIN using another individual’s PII which could include all or some of the following: SSN, name and/or address.
The following scenarios provide examples of BMF IDT:
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
- The fraudulent filing of a return or document allowing the filer to receive a refund on an existing account when the filer has the authority to file a tax return on behalf of the business is not considered BMF identity theft (IDT). Making the distinction between BMF IDT and fraud by an authorized party can be difficult at times.
See the table below for scenarios and examples of fraud:
Scenario Example 1. The filing of a corporate income tax return with refundable credits by an authorized party may be considered fraudulent activity. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ 2. The filing of an unsubstantiated corrected Form W-2, Wage and Tax Statement, to report additional withholding by someone with the authority to file Forms W-2 on behalf of the business may be considered fraudulent activity. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ - If the determination is that the fraudulent return has been filed by an authorized party and it is not a case of ID theft, complete Form 14566, BMF Identity Theft Referral, and e-mail to the AM BMF liaison mailbox, *TS AM BMF IDT, to be forwarded to the Frivolous Return Misconduct Program (FRP) for review. Make sure to include the rationale behind the determination. Do not close the case until the review is complete.
- It is essential to complete all account research prior to taking any account actions, transferring a call or reassigning a case. The initial Customer Service Representative (CSR) is responsible for researching the account to eliminate any routine account issues and placing a potential BMF IDT inquiry into the appropriate work stream. The Integrated Automation Technologies (IAT) BMF Identity Theft Research (BITR) Tool should be used for research when possible.
Complete all research to rule out the potential mixed entity/period or other account situations. Use IRM 25.23.9.4, BMF Identity Theft Research (Inquiry received via paper or phones) and Exhibit 25.23.9-7, BMF Identity Theft Research Requirement, as a research guide. See below for the definitions of mixed entity and mixed period:
Mixed Entity: Two taxpayers file a return with the same EIN. Normally, this condition is identified while working duplicate or amended returns; however, a business may receive a notice they were not expecting and may believe they are victims of BMF IDT. Research must be completed to rule out a mixed entity scenario before referring to AM BMF IDT for resolution.
Example:
Taxpayer A receives a balance due notice and calls or writes in to notify the IRS they never had employees and do not file Form 941. CC TRDBV shows the taxpayer normally files Form 1120 and there is one Form 941 on file. Comparing the addresses on past returns and the Form 941 shows the Forms 1120 were filed from one location and the Form 941 from another. Every effort should be made to find the correct EIN for the taxpayer who used the incorrect EIN (Taxpayer B).
- A mixed period is created when returns from different tax periods, but for the same taxpayer, are processed to the same tax module.
- Document the findings on CII or AMS that support the suspected ID theft claim.
The examples below are possible research paths that may need to be considered prior to making a BMF IDT determination:
- Example 1: The taxpayer received an unexpected balance due notice and claims no knowledge of the tax return and/or business account. The balance due may have been created by an inadvertent tax return filing, return preparation error, IRS processing error, or another entity using the same employer identification number (EIN). An explanation of the balance due may need to be provided to the taxpayer. Review the entity section of the documents and determine who signed the returns. If the taxpayer signed the returns, forward copies of these documents to the taxpayer for review.
- Example 2: The taxpayer has an active or inactive business but did not file the return generating the balance due or refundable credit. The balance due may have been created by an inadvertent tax return filing, return preparation error, 6020(b) submission, Substitute For Return (SFR) submission, IRS processing error, or another entity using the same EIN.
- Example 3: The account only has one or two Form 941, Employer’s Quarterly Federal Tax Return, modules in balance due status without any payments. The taxpayer claims no knowledge of the business and did not request an EIN. Use Command Code IRPTR with definer I to determine whether Forms W-2 were filed for the business. One or two Form 941 modules in balance due (no payments) with matching Form W-2 data may be a sign of BMF IDT.
Research should include (this list is not all inclusive):
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- Research any payments on the account. This might provide additional information. Utilize RTR to research for paper checks and CC EFTPS for electronic payments. If the taxpayer states they did not make the payment and it cannot be determined where the payment belongs, do not leave the payment on the account. Move the payment to Excess Collections if you are unable to determine where it belongs. On continuous payments that the taxpayer claims they did not make, review CC RFINK for current reporting agent. It may be necessary to contact Ogden EFTPS group to determine which batch filer made the payments if there are no reporting agents on CC RFINK.
- Review all case histories on CII and AMS for prior taxpayer contacts. This includes a review of prior closed CII IMF and BMF cases for the EIN.
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- If available, use Google Maps or Accurint as a potential tool for determining if address listed on the account is a valid address.
- After research is complete and mixed entity/period and routine account issues have been ruled out, refer to IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons, to determine if the case should remain in AM or be referred to another area for resolution.
- BMF ID theft indicators track the progress of an ID theft claim and are applied to all MFTs and tax periods affected by identity theft.
Upon receipt of an IDT case, the indicator should be input.
Note:
Since BMF IDT indicators can only be input on TXMOD, if there is no TXMOD available for the specific MFT and tax year, you must leave a clear case note to document the receipt of the IDT case and the case resolution.
Example:
Form 14566 is received from a taxpayer phone call, and there is no filing history on the account, so there is no module available to input the IDT indicator. Leave a case note to document receipt of the taxpayer’s IDT claim. Use the following suggested verbiage (or something similar): Form 14566 received. Taxpayer claiming IDT. When the case is resolved, leave a second case note to indicate the outcome of the IDT claim.
Example:
Form 14039-B is received in inventory, and there is no filing history on the account, so there is no module available to input the IDT indicator. Leave a case note to document receipt of the taxpayer’s IDT claim. Use the following suggested verbiage (or something similar): Form 14039-B received. Taxpayer claiming IDT. When the case is resolved, leave a second case note to indicate the outcome of the IDT claim.
- The BMF indicators appear on TXMODA for each affected MFT and tax period while IMF indicators appear on ENMOD. To input the ID theft indicator, use IAT BITR Tool or Command Code (CC) REQ77 initiated from TXMODA, when the BITR Tool is unavailable. Ensure the secondary date and “MISC” sections are correctly input.
Indicators must be input on all MFTs and tax periods where ID theft is suspected and/or confirmed.
Note:
The Secondary Date field will reflect the IRS receive date or the date of the taxpayer's inquiry. (Due to a programming issue if using today’s date and you receive an error message, use the prior day’s date). If the identity theft issue was internally identified, use the date you recognized the taxpayer was a victim of identity theft. The ID theft indicators are only input on the TXMODA not the entity section.
Note:
MISC - In the MISC field enter WI AM XXXXXX. See below for the definitions of the tax administration codes to be used. See IRM 25.23.9-1, TC 971 AC 5XX - MISC Codes, for additional information.
- When the input of the TC 971 AC 524 with MISC code EINFAB posts, it will generate the posting of the TC 020 on the entity and lock the account. The TC 020 will post one cycle after the TC 971 AC 524 and is only visible on CC BMFOLE. A TC 020 generated by a TC 971 AC 524 will not delete the entity but will prevent the posting of returns and payments to a tax module that is not already established on BMF. Refer to IRM 25.23.9-1, Transaction Code (TC) 971 Action Code (AC) 5XX - MISC Codes, for additional tax administration source codes and their descriptions that may be used for locking EIN accounts.
- For the input of the TC 971 AC 524 with MISC code EINFAB, send the completed referral form and e-mail to the AM BMF liaison mailbox, *TS AM BMF IDT. On the subject line enter: TC 971 AC 524, and CII Case ID if available. Refer to IRM 25.23.9.8.1, Referral to Lock a Fabricated or Inactive Employer Identification Number (EIN) Account Procedures. Be certain to include in the referral all appropriate research completed. Document the sending of the referral on AMS along with the details of the request. If working a CII case, attach the referrals to the CII case. If the account was locked in error, send a referral to the AM BMF liaison mailbox, *TS AM BMF IDT, to have the TC 971 AC 524 reversed.
- If a TC 971 AC 522 indicator has been placed on the account and after research it is determined that ID theft does not exist, reverse the indicator per IRM 25.23.9.6.5, Reversing BMF Identity Theft Indicators, and IRM 25.23.11.7.7, Reversing BMF Identity Theft Indicators.
- Cases determined not to be identity theft may require additional actions to resolve outstanding issues (i.e., amended return, duplicate return, etc.). See IRM 25.23.11.8.1.6, No Identity Theft (NOIDT) Determinations, for additional information.
- Once the required research is complete to rule out all other routine account issues and the taxpayer has claimed ID theft, it is necessary to determine whether the case should remain in AM inventory or be referred to another function.
Use the table below to determine whether the case will remain in AM or be transferred to another function. This initial step is vital to ensure the case is placed in the appropriate identity theft treatment stream as soon as possible.
Reminder:
All referrals will go liaison to liaison. All AM referrals will go through the AM BMF ID theft liaison first. The AM BMF ID theft liaison will forward to the appropriate referring function. To find a list of the functional liaisons, see the Identity Theft - BMF Liaison Contacts located under SERP Who/Where or on the BMF ID Theft Website on SERP.
If... Then... Additional Information... 1. If a case is closed in AM with a BMF IDT indicator (TC 971 AC 522, with IDTCLM, IDTDOC, CLSIDT, NORPLY, NOIDT, IRSERR, FALSE, or OTHER) on the tax module Reassign or refer the case to the assigned or closing CSR. AM only cases Applies to AM BMF only. 2. One or more of the account modules are in Status 22 and completed research indicates potential ID theft Forward the case to your lead or manager for approval. If the referral is approved, submit the case to the AM BMF IDT Liaison. Prepare Form 14566, BMF Identity Theft Referral, and send it by secure e-mail to *TS AM BMF IDT. See Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions , for completion details. Doc 6209 Section 8A-3, MF and IDRS Collection Status Codes 3. One or more of the account modules are in Status 26 and completed research indicates potential ID theft Forward the case to your lead or manager for approval. If the referral is approved, submit the case to the AM BMF IDT Liaison. Prepare Form 14566, BMF Identity Theft Referral, and send it by secure e-mail to *TS AM BMF IDT. See Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions , for completion details. If there are tax periods in notice status 21 or 58, in addition to the status 26 module(s), input CC STAUP 22 01 to accelerate those tax periods to Status 26. See IRM 21.3.3.4.8.2(4), Campus Collection Function Correspondence/Inquiry/Notice, and Doc 6209 Section 8A-3, MF and IDRS Collection Status Codes for additional information. 4. There is an open or closed audit, and completed research indicates there is potential ID theft relating to the audit Forward the case to your lead or manager for approval. If the referral is approved, submit the case to the AM BMF IDT Liaison. Prepare Form 14566, BMF Identity Theft Referral, and send it by secure e-mail to *TS AM BMF IDT. See Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions, for completion details. Prior to forwarding to Exam, input TC 470 to prevent erroneous balance due notices from being issued while the case is under review. Refer to Doc 6209 Section 8A-3, MF and IDRS Collection Status Codes for additional information. 5. The module shows Combined Annual Wage Reporting (CAWR) function activity and completed research indicates there is an ID theft issue relating to the CAWR open control or assessment Forward the case to your lead or manager for approval. If the referral is approved, submit the case to the AM BMF IDT Liaison. Prepare Form 14566, BMF Identity Theft Referral, and send it by secure e-mail to *TS AM BMF IDT. See Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions, for completion details. Prior to forwarding to CAWR, input TC 470 to prevent erroneous balance due notices from being issued while the case is under review. Refer to Doc 6209 Section 8A-3, MF and IDRS Collection Status Codes for additional information. 6. The module shows Federal Unemployment Tax Act (FUTA) activity, and completed research indicates there is potential ID theft relating to the FUTA issue Forward the case to your lead or manager for approval. If the referral is approved, submit the case to the AM BMF IDT Liaison. Prepare Form 14566, BMF Identity Theft Referral, and send it by secure e-mail to *TS AM BMF IDT. See Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions, for completion details. Prior to forwarding to FUTA, input TC 470 to prevent erroneous balance due notices from being issued while the case is under review. Refer to Doc 6209 Section 8A-3, MF and IDRS Collection Status Codes, for detailed information. 7. RICS
See IRM 25.23.11.6.3, BMF Returns Selected For RICS Review1. For paper cases: Refer to IRM 25.23.11.6.3.3 for procedures before forwarding the case to the team leadership for case review and referral approval. If the referral is approved, forward the case to RICS Unit, OSC Stop 9002.
2. For phones: Refer to IRM 25.23.11.6.3.2 for procedures.Do not advise them to submit a Form 14039-B. 8. None of the conditions above are met, The case will remain in AM and extensive research must be performed to rule out other account issues. If there is a valid claim of ID theft and you are untrained in ID theft, forward the case to your lead or manager for approval to complete a Form 14566 and forward to the appropriate AM ID theft unit per IRM 25.23.11.6.2.1, BMF Identity Theft Paper Inquiry, or IRM 25.23.11.6.2.2, BMF Identity Theft Phone Inquiry Made to a BMF AM CSR. Do not refer the case if the ID theft issue is not related to the function’s issue.
Example:
There is a closed audit and a TC 300 on the account creating a balance due. An amended return comes in requesting a large refund from refundable credits. The ID theft issue is not related to the audit. Do not refer the case to Exam just because there is a TC 300 on the module. Review the ID theft claim and determine if it is related to an issue in another function prior to referring it.
- The following subsections include guidance intended for employees not trained in BMF IDT.
- If the taxpayer states they are a victim of ID theft and research determines there is no tax related impact, provide the following guidance as applicable.
- If the taxpayer states they were alerted that their Personally Identifiable Information (PII) was breached, refer to IRM 25.23.1.7, Taxpayers who are Victims of a Data Breach, for additional information.
- If the business has experienced a breach of employee or client data, and the taxpayer is seeking assistance for their employees or clients, see IRM 25.23.1.6, Data Breach- Business Entities Whose Employees or Clients PII was Breached, for information to provide the taxpayer.
If the taxpayer is seeking advice about the data breach of the business, ask the taxpayer about the type of information breached.
- If a business or payroll company contacts the Service to report a data loss relating to Forms W-2 information, advise them to go to IRS.gov and select “Report Fraud” on the top of the page. From there, select “Identity theft,” and then link to Businesses under the “Guides on identity theft.” In the “Report suspected identity theft or data loss” section of the page, select the link titled, “Report a Form W-2 email scam involving employee data,” which links to “Form W-2/SSN Data Theft: Information for Businesses and Payroll Service Providers.” This link provides information on various agencies and how to contact them to report the loss.
- If a business or payroll company contacts the Service to report a theft in their office that could lead to a data breach but does not include W-2 information, advise them to contact their local stakeholder liaison. The stakeholder liaison listing can be found on IRS.gov, search keywords “Stakeholder Liaison” then click on “Stakeholder Liaison Local Contacts”. The liaisons are listed by state. The liaison will notify CI and other functions on their behalf. Advise the caller that they need to contact the liaisons as quickly as possible so the IRS can take steps to prevent the filing of invalid returns.
Advise the taxpayer they may want to contact the Federal Trade Commission or the Social Security Administration at:
Contact Web Address Contact Number Federal Trade Commission (FTC) www.ftc.gov/idtheft 877-438-4338 Social Security Administration (SSA) www.ssa.gov search “Identity Theft” 800-772-1213 Advise the caller they may want to contact one of the major credit bureaus. They may be able to assist them in obtaining the information needed to pursue issues relating to the loss of the business’ PII information.
Credit Bureau Web Address Contact Number Equifax https://www.equifax.com/business 800-525-6285 Experian https://www.experian.com/business 888-397-3742 Transunion https://www.transunion.com/business 800-680-7289 - Advise the taxpayer they may want to file a report with their local or state police and contact their state Attorney General’s office. Provide the web site information for a list of state Attorney General, https://www.naag.org
- Provide the taxpayer the irs.gov website advising them to search for “business identity theft,” to obtain additional ID theft information.
- There will be times when a taxpayer contacts the Service advising they have no association with a business but have received a CP 575, Employer Identification Number (EIN) Assignment Notice confirming the assignment of an EIN, or a letter from Electronic Federal Tax Payment System (EFTPS) advising them their business has been enrolled. It is possible that an ID thief used someone’s PII to obtain an EIN for a business.
If a Form 14039, Identity Theft Affidavit is received stating the taxpayer has no knowledge or association with the business, a referral must be sent to the BMF functional liaison. The BMF IDT SMEs will send the Letter 5316C, BMF Identity Theft Documentation Acknowledgment Letter (Form 14039B and required documentation), if deemed a valid BMF IDT. If the contact is by phone, do not advise them to submit a Form 14039 or Form 14039-B, Business Identity Theft Affidavit.
Exception:
The acknowledgement letter is not necessary if it is clear the case can be resolved within 30 days of receipt into BMF IDT inventory. Letter 5317C, BMF Identity Theft Request for Information or Closing Letter will serve as an acknowledgement. If work schedules do not allow for time to make this determination, or it is not clear then the 5316C should be sent to acknowledge receipt.
- Research the IMF side to determine if there is any past association with the EIN. This will include schedule C, Schedule H or possible wages utilizing the EIN in question. See IRM 25.23.9.4.2, Individual Taxpayers Reporting to be Victims of Business Related Identity Theft, for additional information if needed.
- Refer to the appropriate BMF ID theft unit per IRM 25.23.11.6.2.1, BMF Identity Theft Paper Inquiry, or IRM 25.23.11.6.2.2, BMF Identity Theft Phone Inquiry Made to a BMF AM CSR, using Form 14566, BMF Identity Theft Referral. For instructions on how to complete the form, see Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions.
The taxpayer may submit a paper inquiry after receiving an unexpected notice regarding an inactive or active employer identification number (EIN), a recently established EIN they have no knowledge about, or a balance due notice for a BMF form they never filed with IRS. Since the contact is unexpected, the taxpayer’s correspondence may indicate they are a victim of business identity theft (BMF IDT).
Note:
If there is an unreversed TC 971 AC 522 already on the module and/or an open ID theft control, see IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons, to determine if the case needs to be referred.
- In January 2025, TC 971 AC 524 was expanded to lock the entity of an EIN impacted by identity theft.
- The entity lock only prevents updates to the name, address, and responsible party from posting to the account.
Input of MISC code ENTLOK is limited to IPSO and RICS and does not generate TC 020 on the entity. Depending upon which area locked the entity, one of the following literals will appear in the MISC field:
- BMF IP ENTLOK
- BMF RICS ENTLOK
- Once the entity lock is input, the taxpayer will be notified that the account was locked and requests for updates to the entity must be made in writing. RICS will issue Letter 6217C to the taxpayer; AM BMF IDT will issue Letter 5317C.
- If a paper case is received requesting an update to the name or address, and the account contains the indicators listed above, non-specialized IDT teams should prepare Form 14566, BMF Identity Theft Referral, and send by secure email to the AM BMF IDT liaison at *TS AM BMF IDT. In the subject line of the secure email, include the subject line: ENTLOK Entity Change Request. Include the CII ID in the subject line, if available. Suspend the case until a response is received from AM BMF IDT.
After research has been performed to rule out mixed entity, mixed period, or other account situations, and there is potential identity theft, follow the chart below:
Step Action 1 Review the table under IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons, to determine if the account needs to be placed in another function’s BMF IDT inventory. If the table indicates a referral is necessary, take the following action: 2 Do not reassign or close the control base. 3 Do not input a TC 971 AC 522. The receiving function will input the ID theft indicator after the referral is accepted in their inventory. 4 Initiate the Form 14566, BMF Identity Theft Referral. See Exhibit 25.23.11-1, Accounts Management Form 14566 Instructions. 5 After review by a lead, send the Form 14566 by secure e-mail to the applicable liaison per IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons. If Form 14039 or Form 14039-B is present, attach the form to the secure e-mail when referring the case. In the subject line of the secure e-mail, include the tax year of the case that is being referred.
If the case requires referral to BMF AM IDT inventory, send the Form 14566, BMF Identity Theft Referral, by secure e-mail to the appropriate site per your location:
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- If the case requires referral to another function’s BMF IDT inventory, send the Form 14566, BMF Identity Theft Referral by secure e-mail to *TS AM BMF IDT.
6 Update the CII History Notes to show: Potential BMF IDT - Case referral to [insert the function’s name].
7 Once the case is accepted by the referring function, close the control.
- As outlined in IRM 21.2.3.5.9, Transcripts and Identity Theft for Businesses, Transcript Delivery System (TDS) is programmed to restrict the delivery of transcripts to external users when certain identity theft indicators are present for the tax year requested. These external users include tax professionals accessing TDS via e-Services and business taxpayers using Business Tax Accounts (BTA) online.
Assistors must be aware of the following identity theft markers when a transcript request is received:
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BMF AM assistors working paper cases involving any of the following when identity theft markers are present should refer the case to the AM BMF IDT liaison to determine if account information can be provided:
- Requests for copies of tax returns
- Requests for income documents
- Requests for transcripts
- Request for transcript of a fraudulent return
- Taxpayer indicates receipt of a transcript they did not request
- Taxpayer indicates receipt of a transcript they requested containing incorrect information due to possible identity theft
Follow the steps below to prepare Form 14566, BMF Identity Theft Referral:
Step: Action: 1. Complete Form 14566 and include all required information below:
- Business Information: EIN, Business Name, and Address
- Claimant Information: Must be completed with the caller’s SSN, name, title (position in the company), address, and phone number.
- Action requested: Choose “Other” and indicate the transcripts requested and the delivery method requested.
- In the “Explanation” field provide detailed information of the call contents regarding the taxpayer’s request, including the MFT(s) and tax period(s) of the transcripts being requested. Provide the identity theft markers on the account. If any identifying information is different from what was captured as Business name or Claimant name, you must include that information.
2. Forward the case to your team leadership for case review and approval. Once approval is received send the referral via secure email to *TS AM BMF IDT.
Include in subject line, “BMF IDT Transcript Issue”.
The taxpayer may contact a BMF phone application claiming to be a victim of business identity theft (BMF IDT) when they suspect the name and EIN of their business entity, estate, trust, or exempt organization was used without consent to file tax returns or income documents. Other common reasons for taxpayer contact include the following (this list is not all-inclusive):
- Receiving an unexpected notice regarding an inactive EIN
- Receiving a balance due notice for a BMF form they never filed with the IRS
- Receiving a rejection notice for an electronically filed return because the IRS already has a return on file for that same tax period and MFT
- The taxpayer/caller never applied for an EIN but is receiving notices for a business in their name. Send Form 14566, BMF Identity Theft Referral, to the appropriate BMF ID theft unit. See IRM 25.23.11.6.2, Individual Taxpayers Reporting to be Victims of Business-Related Identity Theft, for additional information.
- The business, estate, trust or exempt organization experienced a data breach with no tax-related impact to the business entity. For example, a business reports a breach of their computer system and after thorough research of the account, there is no evidence of a fraudulent tax return or income documents being filed. If the taxpayer/caller is seeking advice about the data breach of their business entity, ask the taxpayer/caller about the type of information that was breached. See IRM 25.23.11.6.1, Non-Tax Related Identity Theft, for additional information.
- Requests for transcripts and an identity theft indicator is present. See IRM 25.23.11.6.2.2.2, BMF Transcripts and Identity Theft - Phone Inquiry Made to a BMF AM CSR, for additional information.
Follow the normal telephone and authentication requirements under IRM 21.1.1.4, Communication Skills, and IRM 21.1.3.2.3, Required Taxpayer Authentication.
Caution:
If there is an ID theft indicator on the module, high risk disclosure authentication must be completed to ensure you are speaking to an authorized party. Refer to IRM 21.1.3.2.4, Additional Taxpayer Authentication.
Note:
When the caller claims to be an identity theft victim and is unable to pass disclosure authentication, we will accept the taxpayer’s statement and not provide any account information. Update the history with the caller’s contact information and a brief explanation of the potential identity theft. The documentation must include the statement: Potential BMF IDT; caller unable to pass disclosure. Proceed with the required research to determine ID theft potential. If the taxpayer states they have no knowledge of the business, they may be unable to pass BMF disclosure. Utilize the information under the caller’s TIN to verify identity prior to disclosing any information.
Reminder:
IMF disclosures requirements are:
1. SSN/ITIN
2. Name(s) as they appear on the last return filed
3. Current address
4. DOB
5. For additional information see IRM 21.1.3.2.3, Required Taxpayer Authentication. If taxpayer cannot answer these questions, see IRM 21.1.3.2.4, Additional Taxpayer AuthenticationWhen the caller indicates no knowledge of the EIN or business account, there are several reasons a third party may have requested an EIN on the taxpayer’s behalf for a legitimate business purpose. You must expand the normal probe questions to determine if the EIN is legitimate or if there is a high probability of identity theft. Ask the caller the following questions:
- Did a family member take over a previously owned business and request an EIN in your name or continue to use an inactive EIN assigned to you several years ago?
- Did you join a partnership or participate in the creation of a company where you provided your taxpayer identification number (TIN)?
- Did you provide your TIN to a community association or accountant to prepare tax returns on your behalf or a third party?
- Did you create a trust or other fiscal entity through a bank or executor?
Have you received any home care services while enrolled in a program administered by a Federal, state, or local government agency that provides funding for the home care services? If yes, a 3rd party Agent may be authorized to act on behalf of the home care recipient to report and pay Federal employment taxes which requires an EIN.
Note:
This list is not all inclusive and additional probes can be found at IRM 25.23.9.4(3), BMF Identity Theft Research.
Complete all initial research to rule out normal account issues and determine if the potential for ID theft exists. See IRM 25.23.11.3, Business Master File (BMF) ID Theft Research, for additional information.
Note:
If an account related issue has created the problem and no ID theft exists, follow normal procedures to resolve the problem.
- In January 2025, TC 971 AC 524 was expanded to lock the entity of an EIN impacted by identity theft.
- The entity lock only prevents updates to the name, address, and responsible party from posting to the account.
Input of MISC code ENTLOK is limited to IPSO and RICS and does not generate TC 020 on the entity. Depending upon which area locked the entity, one of the following literals will appear in the MISC field:
- BMF IP ENTLOK
- BMF RICS ENTLOK
- Once the entity lock is input, the taxpayer will be notified that the account was locked and requests for updates to the entity must be made in writing. RICS will issue Letter 6217C to the taxpayer; AM BMF IDT will issue Letter 5317C.
- If a phone call is received from the taxpayer or their authorized representative to request an update to the name or address, and the account contains the indicators above, non-specialized IDT teams should advise the caller the change cannot be done over the phone. They must submit Form 8822-B, Change of Address or Responsible Party - Business, to update the entity information. Refer to IRM 21.1.3.20, Oral Statement Authority, and IRM 21.1.3.20.1, IMF and BMF Oral Statement Address Changes, for additional information.
- If the required research has been completed, and additional information is still needed to determine if ID theft exists, only request the taxpayer complete Form 14039-B, Business Identity Theft Affidavit, if the case is going to remain within AM for resolution. Form 14039-B can be found at IRS.gov. Advise the taxpayer they need to return the Form 14039-B within 30 days. If there is a balance due on the account and additional information is needed, input a 6 cycle STAUP to provide the taxpayer time to send in the information. Do not open a control. A control will be opened in CII, Correspondence Imaging Inventory, when the taxpayer submits the requested information. If the taxpayer requests assistance completing Form 14039-B, see IRM 25.23.11.6.2.2.1, CSR Telephone Guidance for Form 14039-B, for additional information.
- Once it has been determined identity theft exists, refer to IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons, to assist with determining if the inquiry should be transferred or remain in AM.
- Update AMS with the information that supports the ID theft determination or request for additional information.
If the inquiry is going to be referred to another function:
Step Action 1 Complete Form 14566, BMF Identity Theft Referral, and forward the case to the team leadership for case review and approval to refer. Once the referral is approved, refer to IRM 25.23.11.5, Business Master File (BMF) Form 14566 Referral Liaisons, for additional referral information. 2 Do not input a TC 971 AC 522. The function that will be resolving the ID theft issue will input the indicator and open the control. 3 If it is determined there is potential ID theft on an account with a balance due, input a TC 470 on all involved modules, if appropriate, to prevent the account from moving through the collection stream. 4 Advise the taxpayer that due to the complexity of ID theft, their case will need to be referred to the ID theft area and to allow 120 days for resolution. Advise the taxpayer a hold has been placed if there was a balance owed relating to the ID theft issue.
If, after research, a potential for ID theft is determined and the case will remain in the BMF AM inventory:
Step Action 1 Complete a Form 14566. Forward the referral to the appropriate site via secure e-mail advising the case needs to be scanned into CII and moved into the BMF ID Theft inventory. In the subject line of the secure e-mail, include the tax year of the case that is being referred. The contacts for the sites are:
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2 Input TC 971 AC 522 IDTCLM with the Secondary date being the date of the call.
See IRM 25.23.9-2, BMF ID Theft Indicators- TC 971 AC 522 IDTCLM-Initial Allegation or Suspicion of BMF ID Theft, for additional information. In the MISC field enter WI AM IDTCLM, see IRM 25.23.9-1, TC 971 AC 5XX-MISC Codes, for additional information.
3 Open the control with activity code “BMFIDT-REF” and the appropriate category code: BID1-Employment Tax, BID2-Form 1120 or BID3-Other. The case will be recontrolled once it is received into AM BMF IDT inventory. - The timeframe for BMF IDT case resolution is 120 days from the time the IRS receives a claim of identity theft.
- After completing all initial research to rule out normal account issues, and additional information is still needed to determine if ID theft exists, the taxpayer should complete Form 14039-B if the case is going to remain in AM for resolution.
Form 14039-B can be found on irs.gov. If the taxpayer requests assistance completing Form 14039-B, see the guidance in the table below to help the taxpayer complete the form:
Note:
Remind the caller that failure to provide required documentation with a signed Form 14039-B may delay processing.
If the taxpayer is submitting the Form 14039-B in response to a notice or letter received from the IRS, advise the taxpayer to send the completed Form 14039-B and any required documentation with a copy of the notice or letter to the address provided in that notice or letter.
Note:
If the taxpayer is responding to a notice or letter from the IRS and it provides a fax number, advise the taxpayer to send the completed Form 14039-B and any required documentation with a copy of the notice or letter to the fax number shown on the notice or letter.
- If the taxpayer did NOT receive a notice or letter from the IRS, advise the taxpayer to submit the form per the instructions on the Form 14039-B.
- As outlined in IRM 21.2.3.5.9, Transcripts and Identity Theft for Businesses, Transcript Delivery System (TDS) is programmed to restrict the delivery of transcripts to external users when certain identity theft indicators are present for the tax year requested. These external users include tax professionals accessing TDS via e-Services and business taxpayers using Business Tax Accounts (BTA) online.
Assistors must be aware of the following identity theft markers when a transcript request is received:
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BMF AM assistors receiving calls involving any of the following when identity theft markers are present should follow the chart below to determine if account information can be provided or Form 14566, BMF Identity Theft Referral, should be sent:
- Requests for copies of tax returns
- Requests for income documents
- Requests for transcripts
- Request for transcript of a fraudulent return
- Taxpayer indicates receipt of a transcript they did not request
- Taxpayer indicates receipt of a transcript they requested containing incorrect information due to possible identity theft
Preparation of Form 14566, BMF Identity Theft Referral
Step: Action: 1. Complete Form 14566 and include all required information below:
- Business Information: EIN, Business Name, and Address
- Claimant Information: Must be completed with the caller’s SSN, name, title (position in the company), address, and phone number.
- Action requested: Choose “Other” and indicate the transcripts requested and the delivery method requested.
- In the “Explanation” field provide detailed information of the call contents regarding the taxpayer’s request, including the MFT(s) and tax period(s) of the transcripts being requested. Provide the identity theft markers on the account. If any identifying information is different from what was captured as Business name or Claimant name, you must include that information.
2. Forward the case to your team leadership for case review and approval. Once approval is received send the referral via secure email to *TS AM BMF IDT.
Include in subject line, “BMF IDT Transcript Issue”.3. Advise the taxpayer that we are unable to process their information request over the phone. We will prepare a referral to the appropriate function for review. They will contact the taxpayer if additional information is needed.
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- RICS sends the Letter 6042C, Entity Verification for Business, to verify the business entity. If a TC 971 AC 711 posted, the return will be suspended for up to three years (156 cycles) from the TC 973 posted cycle. If the return is not validated within those three years, it will be deleted from the suspense file.
- There will be an open control assigned to 1481055555 with a category code of BIDT and an activity code showing potential IDT (POTENTIDT).
RICS uses the following IDRS activity codes with category code 6042 to indicate a response was received from the taxpayer:
Activity Code Definition 1. FXMMDDYYYY Fax correspondence received from the taxpayer (correspondence received date is used for MMDDYYYY) 2. CRMMDDYYYY Paper correspondence received from the taxpayer (correspondence received date is used for MMDDYYYY) 3. PMMDDYYYY Portal (Document Upload Tool (DUT)) correspondence received from the taxpayer (correspondence received date is used for MMDDYYYY) - If a TC 971 AC 711 posted suspending the return and a second return is filed that does not hit the filters, it will post as a TC 150. If a second return is filed and it also hits the filters, a second TC 973 will post to the account. There can be more than one TC 973 on the module.
The following table illustrates the codes and actions RICS will take based on the determination:
Refer to the appropriate IRM section for procedures specific to BMF returns selected for RICS review:
- IRM 25.23.11.6.3.1, Responding to Online Business Tax Account Inquiries with RICS and/or IDT Involvement
- IRM 25.23.11.6.3.2, Responding to Taxpayer Phone Calls with RICS and/or IDT Involvement
- IRM 25.23.11.6.3.3, Responding to Taxpayer Paper Inquiries with RICS and/or IDT Involvement
- IRM 25.23.11.7.4.5, BMF Accounts with RICS and/or IDT Involvement
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If Then 1. There is an unreversed TC 971 AC 524 input on ENMOD or BMFOLE containing EINFAB or EINFB2 in the MISC field.
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- Include in the subject line of the secure email ‘BTA Access Reconsideration’ and the last 4 digits of the EIN (i.e., ‘BTA Access Reconsideration 8765’).
- Advise the taxpayer their account will need to be referred to another area for review and the timeframe for review is up to 60 days.
After the 60 day timeframe has passed, continue to follow the instructions above every 60 days (as needed) if the taxpayer does not receive a response.- Include in the subject line of the secure email ‘BTA Access Reconsideration: X Request’, where ‘X’ is the request number (i.e., second, third, etc.), and the last 4 digits of the EIN (i.e., ‘BTA Access Reconsideration: Second Request 8765’).
- Advise the taxpayer their account will need to be referred to another area for review and the timeframe for review is up to 60 days.
2. There is an unreversed TC 971 AC 524 input on ENMOD or BMFOLE containing EINFAB or EINFB2 in the MISC field and 'Identity Theft' is present in the sort name line
- Send a Form 14566, BMF Identity Theft Referral, by secure email to the AM BMF IDT liaison at *TS AM BMF IDT. In the referral, explain the taxpayer is attempting to access BTA and/or ECO and the account needs reconsideration.
- Include in the subject line of the secure email ‘BTA Access Reconsideration’ and the last 4 digits of the EIN (i.e., ‘BTA Access Reconsideration 8765’).
- Advise the taxpayer their account will need to be referred to another area for review and the timeframe for review is up to 120 days.
- Correspondence will be sent to the taxpayer to let them know the results of the review.
- RICS sends the Letter 6042C, Entity Verification for Business, to verify the business entity. Taxpayers may contact the IRS to inquire about the letter or to follow-up after documentation has been submitted. There may also be times when the taxpayer contacts the IRS and is unaware the return is being reviewed and has not received the letter.
If the taxpayer calls and the return is being held for (or pending) RICS review, follow the If/Then chart below:
Note:
The taxpayer does NOT need to file a Form 14039 or Form 14039-B; RICS will ensure all appropriate actions to protect the taxpayer’s account will be taken.
- If the taxpayer is calling in response to Letter 5263C, Entity Fabrication, or your research indicates Letter 5263C was sent by RICS, see IRM 25.23.11.7.5.1, Fabricated EINs, for additional information.
- RICS sends the Letter 6042C, Entity Verification for Business, to verify the business entity. Taxpayers may contact the IRS to inquire about the letter or to follow-up after documentation has been submitted. There may also be times when the taxpayer contacts the IRS and is unaware the return is being reviewed and has not received the letter.
If a paper case is received that meets the criteria outlined in IRM 25.23.11.6.3, BMF Returns Selected for RICS Review, follow the chart below:
- If the taxpayer is writing in response to Letter 5263C, Entity Fabrication, or your research indicates Letter 5263C was sent by RICS, see IRM 25.23.11.7.5.1, Fabricated EINs, for additional information.
- The following subsections contain guidance for the consideration of a BMF IDT claim, and the actions required for case resolution.
- The time frame for BMF IDT case resolution is 120 days from the time the IRS receives a claim of identity theft.
- BMF IDT cases are worked by specialized teams in BMF Accounts Management. These cases along with the Site BMF IDT mailboxes will be prioritized and worked expeditiously within the established 120 day timeframe.
BMF Identity theft receipts can be received through various avenues not limited to the following:
Taxpayers claiming to be victims of identity theft regarding an Employer Identification Number (EIN) can electronically submit or mail Form 14039-B, Business Identity Theft Affidavit, send correspondence, or call the IRS directly claiming identity theft.
Note:
A Form 14039-B is NOT required if a referral or correspondence is received and internal research shows indication of IDT. Only request additional information if it is unclear what the taxpayer is claiming and then a Form 14039-B can be requested.
- Form 14039-B can be submitted by mail or electronically through the Digital and Mobile Adaptive Forms (DMAF) tool online at IRS.gov and will be scanned to the Ogden Unassigned Queue (UA) for auto distribution through CII. Form 14039-B received through DMAF will be scanned with a PC 6 for identification and tracking purposes.
- Form 14566, BMF Identity Theft Referral, can be received from non-specialized employees and referred by their applicable BMF IDT Liaison.
- TAS will route AM BMF IDT OARs to the appropriate liaison in either Cincinnati or Ogden per the Taxpayer Services (TS) Customer Accounts Service (CAS) Addendum. OARs will be assigned by each site’s TAS liaison.
- Headquarters can refer 'high profile' cases which include but are not limited to congressional cases, court cases, or appeals issues.
- BMF Identity theft cases are manually created (internal referral Form 14566) or scanned directly into the Correspondence Imaging Inventory (CII).
- Per the Accounts Management Program Letter and Operating Guidelines, cases are distributed from the aggregate unassigned inventories (UA) in priority and FIFO order. Currently all BMF Adjustments are profiled for auto-distribution. Teams not specialized to resolve BMF IDT cases should NOT be profiled in CII for any document type that includes “IDT” even if the volume for distribution is set to zero.
- In the event of a deviation from the auto-distribution process, manual reassignments require follow-through to ensure all cases are assigned and any CII errors (e.g., E1/E2) are resolved. Managers must ensure CII employee profiles are set to the employee’s highest skills.
- The Automated Age Listing (AAL) and Multiple Control Listing (MCL) are used to monitor and manage assigned inventory per IRM 1.4.16.5.6.1, CCA 4243 - IDRS Overage Report, and IRM 1.4.16.5.6.2, CCA 4244 - IDRS Multiple Case Control Report.
If multiple controls are present on your case for the same year, link cases following guidance in IRM 21.5.2.3, Adjustment Guidelines - Research. Whenever possible, multiple cases from the same taxpayer are processed by the same employee. Coordination of these same taxpayer, multi-period cases is necessary to ensure consistent processing.
Example:
You are working a claim for tax period 202406 and there is another CII case controlled to another specialized employee (regardless of site) or HQ has an open control for tax period 202409, then contact should be made to coordinate reassignment for one employee to resolve.
While working identity theft (IDT) cases, there may be instances when monitoring actions is necessary prior to moving forward with resolution. There are two types of case monitoring:
- Open CII case
- IDRS control base only (CII case has been closed)
Monitoring an open CII case may be necessary when account actions must post before moving forward with additional actions required for case resolution. Examples are listed below:
- Requesting additional information from the taxpayer (e.g., telephone and/or written).
- Suspending the case on CII to lead/manager (e.g., reassignment request, approvals, etc.).
- Referral Form 14566 to another function for specific action that must occur prior to BMF IDT resolution.
Update your CII case control with a specific activity with a follow-up date.
If monitoring on IDRS only, ALL actions must be completed prior to closing the case. Establish a monitor base on IDRS using Category Code “MISC” with the current date as the received date.
Note:
When establishing this monitored control base, use “*,*” to generate the current date and assign the case to you with Command Code (CC) ACTON.
Each AM BMF IDT team has a mailbox that receives referrals on Form 14566, BMF Identity Theft Referral. These referrals are generated from:
- AM BMF employees within the same site (Cincinnati or Ogden) following IRM guidance to send the referral directly to their site’s AM BMF IDT mailbox.
- Referrals assigned for review and case creation that were sent liaison-to-liaison and received in the Headquarters BMF IDT mailbox.
- Referrals are required to be resolved within 30 days of receipt.
AM BMF employees trained in working the IDT mailbox for their site will take the following actions after reviewing the referral and the case documentation (if available) to quickly determine if the case meets AM BMF IDT criteria:
All BMF Identity theft (IDT) cases should be treated as priority, however some cases may require immediate attention. Certain case types and/or account conditions are identified by the priority code. This is not a designation of priority order.
Priority Code (PC) Definition PC 1 TAS case - Form 12412, Operations Assistance Request (OAR) PC 2 BMF IDT BIDX case types scanned into CII PC 3 Reserved - HQ use only PC 4 Reserved - HQ use only PC 5 Mixed Entity determination PC 6 BMF IDT BIDX case type electronically submitted through DMAF PC 7 Reserved - HQ use only PC 8 Reserved - HQ use only It may be necessary to update the priority code of a case as it is being processed.
Example:
BID1 case originally scanned with no priority code at all. CII case should be updated with the PC 2.
Example:
If a No IDT determination is made and the case is a mixed entity scenario, the CII case should be updated to PC 5.
Complete and careful research must be performed on all cases. To conduct the necessary research, all information available through taxpayer communication and internal sources must be considered. You must review all information available, including in Account Management Services (AMS) and Correspondence Imaging Inventory (CII).
- AMS: Review all history items, account alerts, and images available in AMS for the EIN and cross-reference TINs. There are instances where the electronic submission of information will make documents available in AMS but not in CII.
- CII: Review all CII images, attached documents, case notes, and case messages in your assigned case(s). Search for related cases under the EIN and cross-reference TINs located. Include archived and non-archived cases.
- The IAT BMF Identity Theft Research (BITR) Tool should be used to assist with case research, determination, and closing actions.
Research the affected tax modules and determine if a TC 971 AC 522 reflecting an appropriate Tax Administration Source Code has been input on all affected tax modules. See IRM 25.23.11.4, Business Master File (BMF) Identity Theft Indicators, for when to input.
Reminder:
If a claim of identity theft is made or Form 14039/Form14039-B is received, the TC 971 AC 522 must be input, if the tax module is available, even if the result is a determination of NOIDT.
- Perform a complete statute search and leave a case note that indicates the case is related to an IDT issue. Statute expiration must be considered to prevent barred assessments.
Determine the correct Category Code, Doc Type, etc., and update CII and the Statute Clearance check box, when appropriate.
Example:
The CII case is a BID1 and is controlled to MFT 05 and tax year 202412. BID1 is specific to Employment Tax, so the CII case data should be updated to reflect a BID3 case-type.
- Ensure all relevant documents have been scanned to the case and links to related CII cases are done as appropriate.
- Document requests should be completed only when necessary. When correcting an account and the valid return is available on CC TRDBV/CC BRTVUE, do not request a copy of the return from files when the return is a paper-filed return and enough information is available to make the necessary account adjustment(s).
- A statute of limitation is a time period established by law to review, analyze, and resolve taxpayer and/or IRS tax related issues.
- The Internal Revenue Code (IRC) requires that the Internal Revenue Service (IRS) will assess, refund, credit, and collect taxes within specific time limits. These limits are known as the Statutes of Limitations. When they expire, the IRS can no longer assess additional tax, allow a claim for refund by the taxpayer, or take collection action. The determination of statute expiration differs for assessment, refund, and collection.
- Care must be taken when evaluating statute year identity theft claims. If the assessment statute expiration date (ASED) and/or refund statute expiration date (RSED) is imminent or expired, the claim must still be evaluated. Actions should be taken to protect these dates, when appropriate.
- Statute Searching inventory is imperative throughout the year and the employee is expected to be aware of statute year dates in order to protect the government's interest. Refer to IRM 25.6.1.6.5, Chart of Expedited Statute Processing, showing the statute expiration dates for various tax returns and the day to begin expedited statute processing (imminent statute - quick assessment).
- This section provides instruction for protecting the account when the Assessment Statute Expiration Date (ASED) is imminent (within 180 days of expiration) for AM BMF IDT cases.
Refer to IRM 25.23.9.9.5, Statute Implications, and the chart below for imminent assessments on the BMF IDT tax module:
Note:
For any scenario where you are requesting Statutes input an assessment on the tax module, HC 4 must be used so no refunds or notices generate prior to complete account resolution.
- When a legal tax assessment is not made timely within the prescribed period for assessment (ASED), it is considered a “barred assessment.” Barred Assessments lead to a loss of revenue to the IRS, even though any credits on the “barred” module may be placed in the Excess Collection Fund.
A BARRED Assessment is when a tax increase/credit decrease is received before the ASED expires and the adjustment was not input. This would require the Statute Bring in Sheet and supporting documentation.
Note:
A MISSED/ASED Expired Assessment is when a tax increase/credit decrease is received after the ASED expired and the adjustment was not input. This does not need a Statute Bring in Sheet attached.
If barred, no adjustments for the tax increase/credit decrease or any other related IRNs can be input on the account by the CSR. Refer to the chart below to address the barred assessment:
Step Action 1. Complete the local Bring-In Sheet with the applicable information. Attach the sheet to the CII case. 2. Suspend to Statutes through CII. Include the potential barred amount and indicate the case is a BMF Identity Theft case. Provide statutes with the adjustment figures including all IRN/CRN numbers. Also include: Please return the CII case for final resolution of BMF Identity theft case, so Statutes knows to return the case to the AM BMF IDT employee. 3. Statutes will:
- Review the case and ensure it is barred.
- Open a statutes control.
- Input any credits into the Excess Collections File, if applicable.
- Input a TC 290 BS 30.
- Return the case to the employee to continue with the final IDT resolution, and include information regarding any additional adjustments needing to be input by the BMF IDT employee.
4. The identity theft actions are still required to be completed by the BMF IDT teams. If an identity theft determination has been made, the account should still be marked with the applicable TC 971 AC 522 and a closing letter sent. Statutes will resolve the barred assessment; the BMF IDT teams resolve the IDT portion of the account resolution. Statutes will reject barred assessment cases in the following situations:
- If information is not complete or not provided. It is imperative that the information is complete and provides Statutes with all necessary information.
- If the ASED is not considered barred.
- If the case determination is NOIDT and a mixed entity/mixed period is present, the case is not considered a barred assessment. Follow appropriate procedures to move the assessment to the correct tax module/EIN and continue to follow NOIDT procedures.
When a paper case or a phone call results in a referral to AM BMF IDT, take the following steps if the case is to remain in AM IDT inventory:
If ID theft cannot be established through internal research and additional information is needed, attempt to call the taxpayer or send the taxpayer Form 14039-B, Business Identity Theft Affidavit using Letter 5317C, BMF Identity Theft Interim & Post Resolution Letter. See IRM 25.23.9.7, Form 14039-B, Business Identity Theft Affidavit, for additional information. Give the taxpayer 30 days to respond to the notice. Suspend the case for 45 days to allow the taxpayer time to respond.
Note:
If calling the taxpayer, document the CII case notes with dates, times of the calls, the name of the contact and what information was requested from the taxpayer. If phone contact cannot be made within three business days, issue a Letter 5317C to the taxpayer requesting the needed information.
If a response has not been received within the specified time frame, close the case and reverse the ID theft indicator with TC 972 AC 522 NORPLY. Reverse the TC 470 if one was placed on the account. Send Letter 5317C, BMF Identity Theft Request for Information or Closing Letter, using the appropriate paragraphs.
Note:
Do not advise the taxpayer there is no identity theft (NOIDT) only because no response was received. Only advise the taxpayer there is no identity theft on the account if your research supports making that determination.
If the taxpayer provides the needed information review it for completeness, legibility and determine whether all required information has been included. If the claim is complete, input a TC 971 AC 522 IDTDOC to indicate receipt of the Form 14039-B and send the Letter 5316C to acknowledge receipt of the claim and take all necessary account actions to resolve the ID theft issue. See IRM 25.23.11.8, Identity Theft Case Processing, for the steps to correct the account.
Exception:
The acknowledgement letter is not necessary if it is clear the case can be resolved within 30 days of receipt into BMF IDT inventory. Letter 5317C, BMF Identity Theft Request for Information or Closing Letter, will serve as an acknowledgement. If work schedules do not allow for time to make this determination, or it is not clear then the 5316C should be sent to acknowledge receipt.
- If, after receipt of the 14039-B, ID theft still cannot be established, send Letter 5317C using the appropriate paragraphs to provide taxpayer a complete explanation as to why a determination cannot be made.
If a Form 14566 is received and the case is not on CII, follow normal procedures for sending the case to be scanned with the activity code BMF IDT and appropriate category code:
- BID1 - Employment Tax
- BID2 - Corporation Income Tax
- BID3 - All other BMF IDT (i.e., Partnerships, Estates, etc.)
Once the case is scanned into CII, send Letter 5316C if not already sent and input TC 971 AC 522 IDTCLM if not already on the module(s), then follow the procedures stated above.
Exception:
The acknowledgement letter is not necessary if it is clear the case can be resolved within 30 days of receipt into BMF IDT inventory. Letter 5317C, BMF Identity Theft Request for Information or Closing Letter will serve as an acknowledgement. If work schedules do not allow for time to make this determination, or it is not clear then the 5316C should be sent to acknowledge receipt.
If an account previously deemed fabricated by AM has been locked in error, or an inactive account needs to be unlocked, send a referral to the AM BMF ID Theft liaison by secure e-mail using the *TS AM BMF IDT mailbox to have the TC 971 AC 524 reversed.
Step Action 1 Document your findings on the Form 14566, BMF Identity Theft Referral. 2 Include all appropriate research completed on the referral and explain why the account needs to be unlocked. 3 On the subject line of the referral, enter: TC 972 AC 524 and CII Case ID if applicable. 4 Research CII for the original case and, if available, attach the PDF print of the original entity (CC ENMOD) to the secure e-mail. If the original case does not have a PDF print of the original entity attached, notate in the referral that the information was not available. 5 Send the completed referral to your AM BMF Identity Theft liaison by secure e-mail using the *TS AM BMF IDT mailbox, for referral to IP, Entity Fabrication (EF) Team in RICS, and CI. 6 Document the sending of the referral on AMS along with the details of the request. If working a CII case, attach the referral to the case. 7 Once IP confirms the account has been unlocked, monitor the case until the TC 012, TC 971 AC 524, and the corrected sort name line are posted. There will be times when the fraudulent Forms W-2 have been filed under a valid business’s EIN. An additional referral may be needed to the Combined Annual Wage Reporting (CAWR) group when an assessment has been made and it needs to be reversed. See the following IRM for these procedures:
- IRM 25.23.9.8.4, Referrals to Combined Annual Wage Reporting (CAWR)
- RICS may make a determination that the EIN is fabricated and send a Form 14566 to clean up the account.
- RICS inputs ‘Potential FAB EIN’ on the sort name line when they make the determination and then locks the EIN with a TC 971 AC 524.
RICS will complete a separate Form 14566 for each EIN with the request to back out the account.
BMF IDT SMEs will follow the guidance on the Form 14566 and back out account, resolving any balance dues, credit or payments on the account.
Note:
No other actions are required unless specifically stated on the Form 14566 (for example, input of TC 971 AC 504 on the XREF SSN or removal of the sole proprietor link to the XREF SSN).
Note:
If RICS requests removal of the sole proprietor link to the XREF SSN, and the BMF sole proprietor account contains an unreversed TC 971 AC 641 (Passport - certified seriously delinquent tax debt) on any tax module, the reversal transaction (TC 972 AC 641) must post before removing the sole proprietor link to the XREF SSN.
If Z freeze is present, input all adjustments as requested.
After the adjustments have been input, if there is a Z freeze present, respond to the e-mail and include the IDT liaisons for BMF Refund Crimes and RICS in the response (BMF IDT Liaison). Include in the body of the e-mail for CI to force post the adjustment. Monitoring for the posting is not required.
Note:
If CI doesn’t force post, and the unpostable is deleted then they will send an e-mail to re-input the adjustments. Follow same procedures above.
- This subsection provides guidance for AM BMF IDT SMEs when a request for transcripts is received and there is ID theft or RICS involvement on the tax module or account.
- AM BMF employees will submit referrals to the AM BMF IDT Liaison when a call or paper case is received requesting transcripts and there is IDT, or the EIN has been determined to be fabricated, or the entity has been locked.
Follow the chart below to determine if a transcript request should be fulfilled:
If account shows And Then 1. EIN was previously deemed fabricated by AM BMF IDT Review of the account shows the EIN is valid (account should be unlocked) - Prepare Form 14566 and send via secure email to the AM BMF IDT liaison. Be sure to include all information regarding the determination to unlock the account on the referral.
- Send Letter 5317C to the taxpayer and advise them their transcripts will be sent under separate cover.
- Send transcripts through TDS.
2. EIN was previously deemed fabricated by AM BMF IDT Review of the account shows the EIN is not valid (account should remain locked) - Send Letter 5317C to the taxpayer and include the following verbiage: We reviewed your transcript request and determined you have no known relationship with the EIN listed above.
If you have documentation supporting your business relationship with the EIN, please submit the documentation with a copy of this letter. If a Sole Proprietor, provide two of the following: valid U.S. Federal or State government issued identification with your signature, and documentation to support your business operation (i.e., utility bill or invoice). If a Partnership or Limited Liability Company, provide one or more of the following: articles of incorporation, articles of organization, or other supporting documentation.
3. EIN was previously deemed fabricated by RICS - Send Letter 5317C to the taxpayer and include the following verbiage: We reviewed your transcript request and determined you have no known relationship with the EIN listed above.
If you have documentation supporting your business relationship with the EIN, please submit the documentation with a copy of this letter to 844-201-5531.
4. Identity theft claim received The case is open/unresolved - Work the IDT claim to completion
- Send Letter 5317C and include the following verbiage: We reviewed your transcript request and the transcript(s) will be sent under separate cover.
- Send transcripts through TDS.
5. Identity theft claim received The case is resolved - Verify the request for transcripts is from the taxpayer or authorized representative.
- Send transcripts through TDS.
6. Transcript request is from an unauthorized party - Close the request as no contact.
- Leave an AMS history/Case Note that the request was from an unauthorized party and transcripts will not be sent.
SBSE Recapture program identifies accounts where the taxpayer claimed Care Credits on an original return or an amended return that exceeded the amount to which they were entitled. SBSE corresponds using Letter 6577 when ERC is involved. If the taxpayer responds and indicates identity theft, SBSE inputs the adjustment to partially reverse or fully reverse the credit and sends BMF IDT a Form 14566 referral.
Note:
As of 02/07/2025, SBSE will be inputting a TC 298 interest free adjustment on cases prior to referring them to IDT. The interest computation date used is the date of the response.
BMF IDT SMEs will review the response and determine whether identity theft occurred following normal procedures. The following examples are not all inclusive:
- Taxpayer did not authorize the filing of an amended return claiming the credits.
- Taxpayer received a bill from an ERC promoter for a return they did not authorize.
- Taxpayer received a notice or refund from an ERC claim they did not authorize.
- If no identity theft has occurred, (i.e., mixed period or mixed entity) reject the referral and provide explanation of no IDT. The referral should be sent back to the AM BMF IDT liaison, who will forward the reason for rejection to the SBSE Recapture liaison.
- If identity theft did occur and a refund was issued and it has not been returned by the taxpayer then we must determine who received the refund. Research Treasury Check Information System (TCIS)/Payments Claims and Enhanced Reconciliation (Pacer) to view the paper check.
Follow the chart below:
If And Then 1. No refund issued or refund has been returned - Review account to determine whether an additional adjustment is required. For example, if SBSE only removed a portion of the ERC and the taxpayer states they did not file the amended return then the additional credit would need to be reversed.
- Input TC 971 AC 522 to indicate an IDT claim was received, and TC 971 AC 522 to close the IDT claim, as required.
- Send closing letter.
2. Refund issued and not returned TCIS shows the check was issued to the Entity Address of Record - Review account to determine whether an additional adjustment is required. For example, if SBSE only removed a portion of the ERC and the taxpayer states they did not file the amended return then the additional credit would need to be reversed.
- Follow Category C erroneous refund procedures per IRM 21.4.5.5.4, Category C Erroneous Refunds.
- Input TC 971 AC 522 to indicate an IDT claim was received, and TC 971 AC 522 to close the IDT claim, as required.
- Send closing letter.
3. Refund issued and not returned TCIS shows the check was issued to an address other than the Entity Address of Record - Review account to determine whether an additional adjustment is required. For example, if SBSE only removed a portion of the ERC and the taxpayer states they did not file the amended return then the additional credit would need to be reversed.
- Follow lost refund procedures as outlined in IRM 25.23.11.8.2, Lost Refund.
- Input TC 971 AC 522 to indicate an IDT claim was received, and TC 971 AC 522 to close the IDT claim, as required.
- Send closing letter.
- This subsection provides guidance for AM BMF IDT SMEs when a claim is received and there is ID theft or RICS involvement on the tax module or account.
AM BMF employees will submit referrals to the AM BMF IDT Liaison when claims are received and there is IDT, or the EIN has been determined to be fabricated. The cases will be assigned to the AM BMF IDT SMEs for resolution.
Note:
RICS initial determination does not need confirmation from RICS unless the taxpayer provides additional information, or the SME identifies additional information that RICS did not take into consideration. If a referral must be sent to RICS, send Form 14566, BMF Identity Theft Referral, via secure email to the AM BMF IDT Liaison. The referral must include the reason for RICS to reconsider their initial determination and all supporting documentation provided by the taxpayer, if applicable.
- Form 14039, Identity Theft Affidavit/Form 14039-B, Business Identity Theft Affidavit, may also be received from the taxpayer claiming ID theft.
Follow the chart below to resolve BMF accounts with RICS and/or IDT involvement:
If account shows And Then 1. E- Freeze (TC 150 is not posted, and account shows RICS involvement) Closed RIVO control, TC 971 AC 711, or TC 973 on module, AMS/IDRS indicates IDT determination made
or
unreversed TC 971 AC 522 (MISC CLSIDT) is present on the module
or
Sort name line includes ‘POTENTIAL FAB EIN,’ and TC 971 AC 524 is present on the moduleDo not process the amended/duplicate return.
Send the taxpayer Letter 916C, Claim Incomplete for Processing; No Consideration, to the address of record.
If the sort name line includes "Potential Fab EIN," remove it from the letter prior to transmitting. (Do not update the sort name line on the account.)
Do NOT update the address of record if it differs from the address on the amended/duplicate return.
Include the following language when sending the letter to the taxpayer:
Your original return was determined to be an invalid filing. Your amended return will not be processed, and a refund will not be issued, or overpayments applied. If you have any additional information to support the return filed, please fax supporting documentation to 844-201-5531.
Input TC 971 AC 002 to release the E- freeze.2. -A Freeze (TC 150 is posted) and a Fabricated EIN determination has been made by RICS AMS/IDRS indicates a Fabricated EIN determination was made
Sort name line includes ‘POTENTIAL FAB EIN,’ and TC 971 AC 524 is present on the moduleDo not process the amended/duplicate return.
Send the taxpayer Letter 916C, Claim Incomplete for Processing; No Consideration, to the address of record.
Do NOT update the address of record if it differs from the address on the amended/duplicate return.
If the sort name line includes "Potential Fab EIN," remove it from the letter prior to transmitting. (Do not update the sort name line on the account.)
Include the following language when sending the letter to the taxpayer:
Your original return was determined to be an invalid filing. Your amended return will not be processed, and a refund will not be issued, or overpayments applied. If you have any additional information to support the return filed, please fax supporting documentation to 844-201-5531.
Input TC 290 for .00 to release the -A freeze, if applicable.3. -A Freeze (TC 150 is posted) and a prior Fabricated EIN determination was made by AM BMF IDT AMS/IDRS indicates a Fabricated EIN determination was made
Sort name line includes ‘IDENTITY THEFT,’ and TC 971 AC 524 is present on the moduleDo not process the amended/duplicate return.
Send the taxpayer Letter 916C, Claim Incomplete for Processing; No Consideration, to the address of record.
If the sort name line includes "Identity Theft," remove it from the letter prior to transmitting. (Do not update the sort name line on the account.)
Do NOT update the address of record if it differs from the address on the amended/duplicate return.
Include the following language when sending the letter to the taxpayer:
Your original return was determined to be an invalid filing. Your amended return will not be processed, and a refund will not be issued, or overpayments applied. If you have additional information to verify the above EIN is valid, please submit the documentation with a copy of this letter.
Input TC 290 for .00 to release the -A freeze, if applicable.4. -A Freeze (TC 150 is posted) and an IDT determination has been made by RICS. The account has not been deemed fabricated and is not locked.
Research must be conducted to determine if the TC 150 that is posted to the account is the taxpayer’s valid return. For example (this list is not all-inclusive):- The return was submitted by the taxpayer
- A return was not sent for processing in error (research CII for prior cases, etc.)
AMS/IDRS indicates IDT determination made
or
unreversed TC 971 AC 522 (MISC CLSIDT) is present on the module
and
TC 971 AC 711 MISC field does not match the TC 150 DLNReject the referral back to the originator and advise them the identity theft issue has been resolved and the TC 150 appears to be valid. They can follow normal procedures to process the amended/duplicate return. 5. -A Freeze (TC 150 is posted) and an IDT determination has been made by RICS. The account has not been deemed fabricated and is not locked.
Research must be conducted to determine if the TC 150 that is posted to the account is the taxpayer’s valid return. For example (this list is not all-inclusive):- The return was submitted by the taxpayer
- A return was not sent for processing in error (research CII for prior cases, etc.)
AMS/IDRS indicates IDT determination made
or
unreversed TC 971 AC 522 (MISC CLSIDT) is present on the module
and
TC 971 AC 711 MISC field does not match the TC 150 DLN
and
You determine the TC 150 return is not the taxpayer’s valid returnDo not process the amended/duplicate return.
Send the taxpayer Letter 916C, Claim Incomplete for Processing; No Consideration, to the address of record.
Do NOT update the address of record if it differs from the address on the amended/duplicate return.
Include the following language when sending the letter to the taxpayer:
Your original return was determined to be an invalid filing. Your amended return will not be processed, and a refund will not be issued, or overpayments applied. If you have any additional information to support the return filed, please fax supporting documentation to 844-201-5531.
Input TC 290 for .00 to release the -A freeze, if applicable.6. No freeze (TC 150 is not posted, and account shows RICS involvement). Closed RIVO control, TC 971 AC 711, or TC 973 on module, AMS/IDRS indicates IDT determination made
or
unreversed TC 971 AC 522 (MISC CLSIDT) is present on the module
or
Sort name line includes ‘POTENTIAL FAB EIN,’ and TC 971 AC 524 is present on the moduleDo not process the amended/duplicate return.
Send the taxpayer Letter 916C, Claim Incomplete for Processing; No Consideration, to the address of record.
If the sort name line includes "Potential Fab EIN," remove it from the letter prior to transmitting. (Do not update the sort name line on the account.)
Do NOT update the address of record if it differs from the address on the amended/duplicate return.
Include the following language when sending the letter to the taxpayer:
Your original return was determined to be an invalid filing. Your amended return will not be processed, and a refund will not be issued, or overpayments applied. If you have any additional information to support the return filed, please fax supporting documentation to 844-201-5531.7. Form 14039/Form 14039-B is submitted by the taxpayer claiming ID theft Resolve the taxpayer’s claim of ID theft following normal ID theft procedures.
Send the taxpayer Letter 5317C, BMF Identity Theft Request for Information or Closing Letter.≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
- As of January 2025, TC 971 AC 524 was expanded to lock the entity of an EIN impacted by identity theft.
- The entity lock only prevents updates to the name, address, and responsible party from posting to the account.
Input of MISC code ENTLOK is limited to IPSO and RICS and does not generate TC 020 on the entity. Depending upon which area locked the entity, one of the following literals will appear in the MISC field:
- BMF IP ENTLOK
- BMF RICS ENTLOK
- Once the entity lock is input, the taxpayer will be notified that the account was locked and requests for updates to the entity must be made in writing. RICS will issue Letter 6217C to the taxpayer; AM BMF IDT will issue Letter 5317C.
If a referral or a CII case is received in AM BMF IDT inventory and the determination is made to lock the entity, follow the chart below:
Step Action 1. Determine if the correct information for the business is posted to the entity. If not, make the necessary updates prior to sending Form 14566 to request the entity lock. 2. Document all of your findings on the Form 14566, BMF Identity Theft Referral. Be certain to include all appropriate research completed on the referral. 3. On the subject line of the referral enter: TC 971 AC 524 ENTLOK and CII Case ID if available. 4. Send the completed referral to your AM BMF Identity Theft liaison by secure e-mail using the *TS AM BMF IDT mailbox. The email must also contain a PDF print of the original entity (CC ENMOD), including filing requirements, when submitting the referral to the AM BMF Identity Theft liaison. 5. Monitor case until the TC 971 AC 524 posts to ENMOD. 6. Send the taxpayer Letter 5317C with appropriate paragraphs to advise them of the entity lock. - If a request is received from the taxpayer to update the entity information, you must verify the request is from the taxpayer or an authorized third party.
- If the request is from an unauthorized individual, close the case and leave a case note that says: No Contact.
- If you cannot verify if the individual is authorized to make the change request, correspond with the taxpayer at the address of record. Include the following verbiage or something similar: We received a request to update either the business name, address, or responsible party. In order to protect your account information, we need to confirm this request came from an authorized individual. Include your team’s fax number in the closing of the letter so the taxpayer has the option to respond by fax.
- Updating the entity information will require the entity lock be reversed before updates can be made. After you have confirmed the request is from an authorized individual, send a referral to the AM BMF Identity Theft liaison by secure e-mail using the *TS AM BMF IDT mailbox.
- Once the entity is unlocked, input the updates and send a referral back to the AM BMF Identity Theft liaison to request the entity be re-locked. Suspend your case until the TC 971 AC 524 posts to ENMOD. Send the taxpayer Letter 5317C to advise the taxpayer of the updates and inform them the entity has been re-locked.
The information below and following subsections provide guidance to process identity theft cases when the taxpayer states they did not request an EIN.
- IRM 25.23.11.7.4.7.1, Entity Using Unassociated Name and/or Address
- IRM 25.23.11.7.4.7.2, Fabricated Entity
- TC 971 AC 504 with MISC Code SPCL2 on the IMF entity identifies the association of BMF IDT to the SSN owner (the taxpayer claiming IDT).
- TC 971 AC 504 SPCL2 may need to be input or reversed, based on your IDT determination.
Input or reverse the TC 971 AC 504 SPCL2 on the IMF entity when the taxpayer claims no association with an EIN:
If And Then A determination of IDT is made Research using the IAT BITR Tool and CC IMFOLE shows there is not a TC 971 AC 504 SPCL2 on the IMF entity The entity must be marked on CC ENMOD using CC REQ77. Overlay the SSN ENMOD with CC REQ77 and complete the fields as follows:
- TC> 971
- Secondary Date> The related tax year
- TC 971/151-CD> 504
- XREF-TIN>EIN
- MISC>SPCL2
A determination of IDT is made Research using the IAT BITR Tool and CC IMFOLE shows there is a TC 971 AC 504 SPCL2 on the IMF entity No additional action is needed to mark the entity. A determination of NOIDT is made Research using the IAT BITR Tool and CC IMFOLE shows there is not a TC 971 AC 504 SPCL2 on the IMF entity No additional action is needed. There is no TC 971 AC 504 SPCL2 to reverse. A determination of NOIDT is made Research using the IAT BITR Tool and CC IMFOLE shows there is a TC 971 AC 504 SPCL2 on the IMF entity Reverse the TC 971 AC 504 SPCL2 on the IMF entity.
See the following IRMs for more information:- IRM 25.23.2.8.1.2, TC 971 AC 504 - Miscellaneous Field Code SPCL1, SPCL2, RPM1, RPM2, RPM3, RPM4, and EAFAIL
- Exhibit 25.23.2-5, IMF Only TC 972 AC 504 - Reversal of TC 971 AC 504
- There will be times when a taxpayer contacts the Service and states they have no association with a business but have received notification one has been assigned to them. For example, the taxpayer may receive a CP 575, Employer Identification Number (EIN) Assignment Notice, confirming the assignment of an EIN, or a letter from Electronic Federal Tax Payment System (EFTPS) advising them their business has been enrolled. It is possible that an ID thief used someone’s PII to obtain an EIN for a business.
- If Form 14039, Form 14039-B, or Form 14566, BMF Identity Theft Referral, is received, research must be conducted to determine if there was any past association/valid connection with the EIN.
- Research the IMF side to determine if there is a valid connection to the EIN. This will include Schedule C, Schedule E, Schedule F, Schedule H, or possible wages utilizing the EIN. See IRM 25.23.9.4.2, Individual Taxpayers Reporting to be Victims of Business Related Identity Theft, for additional information if needed.
Follow the chart below to resolve the taxpayer’s claim of identity theft:
If and Then The taxpayer claims no knowledge of the EIN and states they do not have a business or the business mentioned is not theirs You determine the EIN is fabricated and the taxpayer is the responsible party 1. See IRM 25.23.11.7.5.1, Fabricated EINs, and IRM 25.23.9.8.1, Referral to Lock a Fabricated or Inactive Employer Identification Number (EIN) Account Procedures, to resolve the account.
2. Send the taxpayer Letter 5317C to advise of the actions taken.The taxpayer claims no knowledge of the EIN and states they do not have a business or the business mentioned is not theirs You determine the EIN is fabricated and the taxpayer is not the responsible party, but their name and/or address is associated with the business entity
1. Prior to requesting the account be locked and making any entity changes, send Letter 5317C to the taxpayer to advise them of the actions taken. The letter must be sent under the EIN to the name and address of the individual who submitted the identity theft claim.
2. When issuing the letter, do not choose Selective Paragraph A and include the following paragraphs:- Paragraph (E)
- Paragraph (M)
- Open paragraph (6), and use the following verbiage: We removed your name and address, if applicable, in association with the employer identification number you reported on your identity theft claim.
- Paragraph (i)
- Paragraph (j)
3. Update the address to the Service Center address for your site. See IRM 3.13.5.66 , Campus Address Used Only When Taxpayer Address is Unavailable, (2), to determine the correct address.
4. Follow IRM 25.23.11.7.5.1, Fabricated EINs, and IRM 25.23.9.8.1, Referral to Lock a Fabricated or Inactive Employer Identification Number (EIN) Account Procedures, to finish locking the account.
5. Suspend your case until the TC 020 posts to CC BMFOLE.The taxpayer claims no knowledge of the EIN and states they do not have a business or the business mentioned is not theirs Research shows the EIN does belong to the taxpayer Follow normal procedures to advise the taxpayer there is no IDT. See IRM 25.23.11.8.1.6, No Identity Theft (NOIDT) Determinations, for additional information.
- A fabricated entity is an EIN established for a business that does not exist. The sole purpose of the fabricated EIN is to defraud the government through the filing of invalid BMF or IMF returns or income documents.
- Perform all research as outlined in applicable subsections, as well as in IRM 25.23.9.4, BMF Identity Theft Research, and IRM Exhibit 25.23.9-7, BMF Identity Theft Research Requirement, to help you in determining the validity of the EIN.
- If there are no returns filed, no payments made, and no indication the EIN is valid, consider the EIN to be fabricated.
Refer to IRM 25.23.9.8.1, Referral to Lock a Fabricated or Inactive Employer Identification Number (EIN) Account Procedures, for the required account actions needed prior to requesting the account be locked.
Step Action 1 Document all of your findings on the Form 14566, BMF Identity Theft Referral. 2 Be certain to include all appropriate research completed on the referral form and explain any IMF implications if applicable. 3 On the subject line of the referral enter: TC 971 AC 524 and CII Case ID if available. 4 Send the completed referral to your AM BMF Identity Theft liaison by secure e-mail using the *TS AM BMF IDT mailbox, for referral to IP, the Entity Fabrication (EF) Team in RICS, and CI. The email must also contain a PDF print of the original entity (CC ENMOD), including filing requirements, when submitting the referral to the AM BMF Identity Theft liaison.
Reminder for EO employees working IDT: If an EO account is being locked, the EO subsection must be removed from the entity prior to the account being locked. The referral would first be sent to your liaison per the Identity Theft - BMF Liaison Contacts located under SERP Who/Where or on the BMF ID Theft Website on SERP.5 Document the sending of the referral on AMS along with the details of the request. If working a CII case, attach the referral and the PDF print of the original entity (CC ENMOD) to the case. When sending a referral to lock an account due to a fabricated EIN, only one referral is required.
Reminder:
The narrative in the “Explanation for identity theft determination” must be specific to the case/account you are locking and must include information applicable to all functions listed on the referral. Referrals with insufficient narratives or indication that narratives have been copied/pasted to explain the IDT determination will be returned for additional information and correction.
If a fabricated EIN is a sole proprietorship, remove the sole proprietor link to the cross-reference SSN as outlined in IRM 3.13.2.7.3.2, CC ENREQ/BNCHG.
- Overlay CC ENMOD with CC ENREQ to generate CC BNCHG.
- To remove the Sole Proprietor SSN, input 000-00-0001 in the ‘SOLE-PROP-SSN’ field.
- There will be times when false Forms W-2 have been filed under a valid business EIN. An additional referral may be needed to the Combined Annual Wage Reporting (CAWR) group. See IRM 25.23.9.8.4, Referrals to Combined Annual Wage Reporting (CAWR), for additional information.
- Appeals cases will be prioritized and worked expeditiously. BMF IDT P&A staff will forward the case to the applicable Point of Contact (POC) for the required actions.
Taxpayers have various appeal rights that can be requested on cases that were worked within Compliance. The different appeal rights are as follows:
- Non-docketed cases – A taxpayer can request a conference with Appeals on an examination that is pre-Notice of Deficiency when the taxpayer disagrees with Exam’s determination.
- Docketed cases – A taxpayer can petition the Tax Court based upon a Notice of Deficiency when a taxpayer disagrees with an ASFR, AUR, or Exam determination. The taxpayer is generally afforded an Appeals conference prior to the trial date before the Tax Court.
Collection Due Process (CDP) cases – A taxpayer is entitled to a CDP hearing when the taxpayer timely requests one, there is unpaid tax, and the taxpayer is disputing the enforced collection action (may be an ASFR, AUR, Exam assessment case).
Note:
CC AMDISA shows the PBC and within the PBC you can determine whether the case is docketed or non-docketed
Cases with Appeals involvement may be identified as follows:
- A -L or -W freeze code (a TC 520 with a closing code 72, 76 or 77) is present on the account.
- Cases that are returned from Appeals.
- If a case originated in a campus, the taxpayer petitioned Tax Court or requested an Appeals hearing, and the IDT allegation is a new issue or new information was provided, Appeals may return cases to BMF IDT to review and address the IDT allegation, provided that there is sufficient time remaining on the statute of limitations.
- Appeals will review the case to determine whether the taxpayer has provided new information that was not previously shared or if the taxpayer is alleging an IDT claim for the first time. It is considered a new issue if the taxpayer did not raise the IDT allegation during the normal process.
- All referrals from Appeals will contain Form 10467, Appeals Division Feedback Report and Transmittal Memorandum, and any information the taxpayer provided to Appeals. The Form 10467 will provide sufficient information as to whether jurisdiction was released or retained by Appeals.
- All referrals must be scanned into CII, if the documentation was not previously scanned. The correct category code and OFP codes must be used when creating a case or sending the information to be scanned.
- Appeals will return non-docketed case referral packages to BMF IDT when Appeals determines the IDT claim is a new issue or that the taxpayer provided new information that was not previously considered, if there are at least 210 days remaining on the statute of limitations.
- All returned non-docketed cases should be scanned and assigned directly to the BMF IDT POC for Appeals. The assigned BMF IDT POC for Appeals or designated CSR/TE will review the documentation provided by Appeals and determine if the IDT allegation is valid following normal procedures.
If the campus cannot work the referral package (i.e., the IDT was previously addressed by BMF IDT or referred to BMF IDT in error):
- Complete the explanation section of the Form 10467, Appeals Division Feedback Report and Transmittal Memorandum. Ensure to document the reason the case is being returned, (e.g., previously adjusted) and annotate the previous determination.
- Return case and Form 10467 back to the originating Appeals employee.
- Close the CII case.
- Upon review of the case, once a determination is made (IDT or NOIDT), complete all account actions, including adjustments and correspondence. Close following normal procedures.
- Document the determination on the Form 10467 and send the completed form via secure email to *AP Inquiries. Be sure to include (copy) your site’s BMF IDT P&A staff and the AM BMF IDT Liaison mailbox (*TS AM BMF IDT) when sending the response.
- Appeals will return docketed case referral packages to BMF IDT when Appeals determines the IDT claim has not been considered, new information is received by Appeals that was not previously considered, or the IDT claim is considered a new issue. Appeals will retain jurisdiction of the case. Docketed cases received from Appeals MUST be worked within 45 days of receipt, unless additional documentation is needed from the taxpayer.
- All returned docketed cases must be scanned to CII and assigned directly to the BMF IDT POC for Appeals. The assigned BMF IDT POC for Appeals or designated CSR/TE will review the documentation provided by Appeals and determine if the IDT allegation is valid following normal procedures.
Review the documentation provided by Appeals and perform complete research to make an IDT determination (IDT or NOIDT) following normal procedures, but do not adjust the account. If additional documentation is needed and the 45 day time frame cannot be met, contact the Appeals Officer (AO) to obtain the requested information from the taxpayer and reach a new response date.
Note:
If additional documentation is needed, you must supply the AO with the specific documentation needed to make the IDT claim complete and assist in your determination. Do not request documentation that can be obtained via research or using information already available to you (for example: a copy of a return on CC TRDBV is available to you and a copy of the return does not need to be requested; Form 14039-B is not always necessary to substantiate a claim of BMF IDT).
- If the taxpayer does not reply to a request for additional information from the AO, and you are unable to make a determination (IDT or NOIDT) based on information already available, advise Appeals on Form 10467 that no response was received and no action will be taken at this time. Appeals will respond to the taxpayer.
- If the case is determined to be IDT, DO NOT INPUT any adjustments. Complete the Form 10467 with sufficient information to determine the necessary account adjustments. Appeals will input the account adjustments based upon the settlement agreement from the Tax Court.
Complete the explanation section of Form 10467, documenting the determination. The explanation should be explicit, outlining all documentation received, determination made, and any potential account adjustments.
- List of documentation submitted by the taxpayer
- Complete account adjustments including all transaction codes, item reference codes, and dollar amounts.
- Applicable IDT indicator (i.e., TC 971 AC 522 IDTCLM, IDTDOC, CLSIDT etc.)
- Relief to be provided to the taxpayer – (i.e., refund in the amount of X should be released to the taxpayer).
- If the case is determined to be NOIDT, DO NOT INPUT any adjustments. Complete Form 10467 with the determination and explain how the NOIDT determination was reached.
- Document the determination on the Form 10467 and send the completed form via secure email to *AP Inquiries. Be sure to include (copy) your site’s BMF IDT P&A staff and the AM BMF IDT Liaison mailbox (*TS AM BMF IDT) when sending the response.
If the campus cannot work the referral package (i.e., the IDT was previously addressed by BMF IDT or referred to BMF IDT in error):
- Complete the explanation section of the Form 10467. Document the reason the case is being returned, (i.e., previously adjusted) and annotate the previous determination.
- Return Form 10467 to the originating Appeals employee via secured email.
- Close the CII case.
- Appeals will return Collection Due Process (CDP) referral packages to BMF IDT when Appeals determines the IDT claim has not been considered, new information is received by Appeals not previously considered, or the IDT claim is considered a new issue. CDP cases received from Appeals MUST be worked within 45 days of receipt, unless additional documentation is needed from the taxpayer.
- All returned CDP cases must be scanned to CII and assigned directly to the BMF IDT POC for Appeals. The assigned BMF IDT POC for Appeals or designated CSR/TE will review the documentation provided by Appeals and determine if the IDT allegation is valid following normal procedures.
Appeals will retain jurisdiction of the case. In CDP cases, time is of the essence. Review the documentation provided by Appeals and determine if the IDT allegation is valid following normal procedures. If additional documentation is needed, and the 45 day time frame cannot be met, contact the Appeals Officer (AO) to obtain the requested information from the taxpayer and reach a new response date.
Note:
If additional documentation is needed, you must supply the AO with the specific documentation needed to make the IDT claim complete and assist in your determination. Do not request documentation that can be obtained via research or using information already available to you (for example: a copy of a return on CC TRDBV is available to you and a copy of the return does not need to be requested; Form 14039-B is not always necessary to substantiate a claim of BMF IDT).
- If the taxpayer does not reply to a request for additional information from the AO, and you are unable to make a determination (IDT or NOIDT) based on information already available, send the taxpayer Letter 5317C to advise them that no action will be taken at this time. Return Form 10467 to Appeals documenting your findings following normal procedures.
- If the case is determined to be IDT, all account actions and adjustments must be input prior to replying to Appeals. The explanation section of Form 10467 must be completed with the determination, all actions taken, and a copy of the closing letter to the taxpayer explaining the determination. Return the case to the originating Appeals employee via secured email to *AP Inquiries.
- If the case is determined to be NOIDT, take all necessary closing actions, including input of any adjustments and sending required correspondence.
- Document the determination (IDT or NOIDT) on the Form 10467 and send the completed form via secure email to *AP Inquiries. Be sure to include (copy) your site’s BMF IDT P&A staff and the AM BMF IDT Liaison mailbox (*TS AM BMF IDT) when sending the response.
If the campus cannot work the case, (i.e., the IDT was previously addressed by BMF IDT or referred to BMF IDT in error):
- Complete the explanation section of the Form 10467. Document the reason the case is being returned, (i.e., previously adjusted) and annotate the previous determination.
- Return Form 14067 to the originating Appeals employee via secured email.
- Close the CII case.
- There will be times when an individual taxpayer uses Form 14039-B, Business Identity Theft Affidavit, to report an IMF IDT issue.
Common reasons are as follows (this list is not all-inclusive):
The taxpayer received an Automated Underreporter (AUR) notice and is claiming they did not work for the business that reported the income.
Note:
The taxpayer may or may not specifically mention the AUR notice, so complete research is required.
- The taxpayer checks Box 1 in Section A of Form 14039-B and lists their SSN in EIN format and the explanation in Section D states, “I did not file taxes,” or something similar.
- The taxpayer mentions Form 1040 or Schedule C.
- The taxpayer states someone claimed them or their dependent(s).
- The taxpayer mentions they are waiting for their refund.
- The taxpayer attaches transcripts to support information filed on an IMF return (example: wage and income transcript, receipts, etc.).
- The taxpayer says they could not file.
- Complete research must be done to verify the taxpayer submitting the Form 14039-B is reporting BMF IDT. If their SSN is listed in EIN format, you must check to see if the taxpayer has an EIN and if the issue they are reporting relates to their assigned EIN.
Research the IMF account to determine if there are any open issues or if the issue being reported on Form 14039-B is related to the IMF account. For example, you may see (this list is not all-inclusive):
- An open or closed AUR control on the tax year listed on Form 14039-B.
- An open or closed IMF IDT case(s); sometimes the taxpayer will submit both Form 14039 and Form 14039-B to report the same issue.
- A rejected tax return for the tax year listed on Form 14039-B.
- An AMS history with information that matches the issue on the Form 14039-B.
- A frozen refund on the same tax year listed on Form 14039-B.
If, after complete research is conducted, you determine the issue being reported on Form 14039-B is in no way related to a BMF account, take the following steps to update the case data and reassign the case:
Step Action 1. On the CII image, circle out the ‘-B’ on Form 14039-B in red. Be sure to save your markup prior to closing the CII image. 2. Leave a case note that says: Research completed and determined there is No BMF IDT issue. Issue reported is for IMF account, or something similar.
The case note must be clear and explain that after complete research, there is no BMF IDT issue and the taxpayer’s claim of IDT is for the IMF account.3. Update the case data and check to confirm all required fields are correct prior to reassigning:
- TIN: make sure this is the taxpayer’s SSN
- TXPD: make sure the case is on the correct tax period
- BOD ID: make sure the correct BOD is listed (WI or SB)
- Work Type: change from BMF to IMF
- Doc Type: choose ‘ID Theft IDT1’
- MFT: 30
- Priority Code: remove any priority code used when the case was scanned to BMF; IDTVA will update the priority code if needed
- Name Control: make sure the name control matches the name control on the IMF account
- Reassign Campus: choose FSC (Fresno)
- Category: IDT1
- Program: 40011
- Function: ADJ-710
4. Save the updates to the case data and the case will reassign to IMF. - If research indicates there is an IDT issue that involves both BMF and IMF, take the necessary actions to resolve the BMF IDT issue and prepare Form 14566 to refer the case to IDTVA, explaining what you have found. Send the referral via secure email to the AM BMF IDT liaison and suspend your case until a response is received that an IMF case has been created to resolve the IMF account. Do not update the case data and reassign.
- All the required research must be completed prior to referring the case to another function. This is to ensure that confirmed ID theft cases and cases with the high probability of ID theft can be placed in the correct inventory as quickly as possible.
- Due to the potential complexity of a BMF ID theft, it may be necessary to refer the case to another function for either resolution or assistance. All functions have established BMF ID theft Liaisons to assist in the working of ID theft cases. To find a list of the functional liaisons, see the BMF ID Theft Liaisons located on the BMF ID Theft Website.
If working a paper case and the entire case is being referred to another function:
- DO NOT close the control until the case has been accepted by the receiving function. This is to prevent the case from slipping through the cracks when moving the case from one function to another. Once the referral is accepted by the receiving function and all account actions are completed close the control.
- All referrals will move from one functional liaison to another functional liaison. See IRM 25.23.9.3, BMF Identity Theft Liaisons, for additional information.
- If the contact is received by phone, all of the required research is completed and the case is being referred, annotate the Form 14566 with “phone contact” so the liaison will be aware that no control will be open.
- When assistance is needed from another function the control will remain open until the response is received. The receiving function must respond to the request within 30 days of receipt. See IRM 25.23.9.8, BMF ID Theft Referrals, for additional information. If no response is received within 30 days of receipt by receiving function, follow-up should be elevated to the BMF ID Theft Liaison.
- A fabricated EIN is an EIN established for a business that does not exist. The sole purpose of the fabricated EIN is to defraud the government through the filing of invalid BMF or IMF returns or income documents.
AM BMF IDT may lock an EIN suspected of being fabricated, often because of taxpayer contact (i.e., phone call stating they did not request the EIN or submitting Form 14039-B). There will be a posted TC 971 AC 524 on CC ENMOD containing BMF IP EINFAB in the MISC field. The taxpayer’s entity will also be updated to include ‘Identity Theft’ in the sort name line.
Note:
AM BMF Identity Theft always includes 'Identity Theft' in the sort name line when deeming an account fabricated.
RICS may lock an EIN suspected of being fabricated and issue Letter 5263C, Entity Fabrication, requesting additional information to verify the entity. There will be an open control assigned on CC ENMOD to 1481400000 with a category code of P-EF and activity code showing potential entity fabrication (POTENTEF). There will also be a posted TC 971 AC 524 on CC ENMOD containing EINFB2 in the MISC field.
Note:
TC 971 AC 524 containing BMF RICS EINFAB in the MISC field deemed fabricated by RICS will include ‘POTENTIAL FAB EIN’ in the sort name line. TC 971 AC 524 containing BMF RICS EINFB2 deemed fabricated by RICS may or may not include ‘POTENTIAL FAB EIN’ in the sort name line.
If the taxpayer submits a paper inquiry or a phone call is received, and the account contains the indicators listed above, non-specialized IDT teams follow the If/Then chart below:
If Then 1. An inquiry is received via paper or phone and a Fabricated EIN determination has been made Prepare Form 14566, BMF Identity Theft Referral, and send by secure email to the AM BMF IDT liaison at *TS AM BMF IDT. In the subject line of the secure email, include the tax year of the case that is being referred. 2. An inquiry is received via paper or phone and a Fabricated EIN determination has been made and the account includes CI involvement (-Z freeze, etc.) Prepare Form 14566, BMF Identity Theft Referral, and send by secure email to the AM BMF IDT liaison at *TS AM BMF IDT.
- If a response to Letter 5263C, Entity Fabrication, is received ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
If the taxpayer calls about their EIN where a letter 5263C was issued and account contains the indicators listed above, all AM BMF CSRs should follow the If/Then chart below.
If Then 1. Taxpayer claims they have no knowledge of the business referenced on the letter, questions the letter, or is asking for assistance related to the letter Advise the TP they must reply to the 5263C letter and provide the requested information via FAX or to the address provided on the letter.
2. Taxpayer states they did not receive the 5263C letter 1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
2. Explain to the TP they must respond to the letter providing the requested information.
3. Advise the TP they should receive the re-issued letter within 30 days- If a referral is needed to lock an account due to a fabricated EIN, only one referral is required.
If a fabricated EIN is a sole proprietorship, remove the sole proprietor link to the cross-reference SSN as outlined in IRM 3.13.2.7.3.2, CC ENREQ/BNCHG.
- Overlay CC ENMOD with CC ENREQ to generate CC BNCHG.
- To remove the Sole Proprietor SSN, input 000-00-0001 in the ‘SOLE-PROP-SSN’ field.
Note:
If the BMF sole proprietor account contains an unreversed TC 971 AC 641 (Passport - certified seriously delinquent tax debt) on any tax module, the reversal transaction (TC 972 AC 641) must post before removing the sole proprietor link to the XREF SSN.
Refer to IRM 25.23.9.8.1, Referral to Lock a Fabricated or Inactive Employer Identification Number (EIN) Account Procedures, for the required account actions needed prior to requesting the account be locked.
Step Action 1 Document all of your findings on the Form 14566, BMF Identity Theft Referral. 2 Be certain to include all appropriate research completed on the referral form and explain any IMF implications if applicable. 3 On the subject line of the referral enter: TC 971 AC 524 and CII Case ID if available. 4 Send the completed referral to your AM BMF Identity Theft liaison by secure e-mail using the *TS AM BMF IDT mailbox, for referral to IP, the Entity Fabrication (EF) Team in RICS, and CI. The email must also contain a PDF print of the original entity (CC ENMOD), including filing requirements, when submitting the referral to the AM BMF Identity Theft liaison.
Reminder for EO employees working IDT: If an EO account is being locked, the EO subsection must be removed from the entity prior to the account being locked. The referral would first be sent to your liaison per the Identity Theft - BMF Liaison Contacts located under SERP Who/Where or on the BMF ID Theft Website on SERP.5 Document the sending of the referral on AMS along with the details of the request. If working a CII case, attach the referral and the PDF print of the original entity (CC ENMOD) to the case.
If there is a TC 582 (Lien Indicator) or TC 360 (Lien Fee Assessment) posted and a full abatement will reverse the tax liability to zero, prepare Form 13794, Request for Release or Partial Release of Notice of Federal Tax Lien. Form 13794 should be completed and forwarded to the Collection Advisory.
Note:
Only Collection Advisory has the authority to reverse lien fees (TC 360) on accounts impacted by IDT.
Take the following actions when completing the Form 13794:
Input as much information as possible regarding the abatement
Note:
Include specific instruction for the lien and/or lien fee reversal on the Form 13794 in section "Date lien satisfied or resolved (e.g., payment date, adjustment posting date, discharge date)" . For example, Request IDRS input TC 583 & TC 361 $X.XX for MFT/Tax period.
- Include the Serial Lien Identification (SLID) Number from the Notice of Federal Tax Lien, if available
- Check box 9 indicating "Erroneous Lien"
- Include "ID Theft" in the "Reason" box
Fax/EE-Fax or e-mail Form 13794 to the Collection Advisory Unit for the state where the taxpayer currently resides. Include the specifics of your request as mentioned above also in the body of the Fax/EE-Fax, so it appears on the cover sheet.
Note:
If you do not have access to the Automated Lien System (ALS), include a note asking Advisory to complete the SLID and TSIGN.
- Attach completed Form 13794 to the CII case and leave a case note with the date the form was faxed and to which Advisory.
Collection Advisory contacts can be found under the Who/Where tab on the SERP Home Page on the Advisory Units Contact List.
Reminder:
When adjusting an IDT account where a NFTL was filed on the account (TC 582 posted) and a tax liability remains after the account has been adjusted the NFTL will remain in place. The NFTL will be systemically released when the account balance is satisfied (zero).
The Advisory Unit will review the Notices of Federal Tax Lien (NFTL) filed against the taxpayer using the Automated Lien System (ALS). If all modules on the NFTL are satisfied, Advisory will request the release of the NFTL as an erroneously filed NFTL per IRC 6326(b). The release of the NFTL will reverse the TC 582. Advisory will abate the TC 360 associated with the NFTL filing and issue Letter 544, Letter of Apology - Erroneous Filing of Federal Tax Lien, to the taxpayer.
- If it has been more than 30 days since the lien release posted and the taxpayer has any issue with requests for the Notice of Federal Tax Lien (NFTL) to be released, refer the taxpayer to Publication 1450, Instructions for Requesting a Certificate of Release of Federal Tax Lien, to submit a written request for Certificate of release of erroneously filed Notice of Federal Tax Lien. The release date can be calculated based on the posting of the reversal of the TC 582 and TC 360.
- If there are balances owed resulting from BMF ID theft, research for BMF ID theft to determine the effects it has had on the IMF side of the X-REF SSN owner.
- This would involve reviewing the account to determine if there is a TC 130 on the IMF entity. The posting of a TC 130 stops any overpayments from offsetting or refunding from the account. A V- freeze (outstanding liability freeze) will be set and there may be refunds being held on the account.
Research all associated accounts for outstanding balances. Balance due accounts can also reside on the Non-master File (NMF) accounts as well. Indications that there is a NMF account are:
- TC 130 in blocking series (BS) 200-209.
- M- freeze. The module balance will appear to be zero. This is caused by the posting of the TC 400 with a false credit which brought the balance to zero. The balance was then moved to NMF.
TC 400 with BS of Indicates 00 A transfer from MF to NMF 05 Offer in compromise, MF to NMF 09 A transfer from MF to NMF but is a special project 99 An overflow account necessitating a move to NMF. See IRM 3.17.46, Automated Non-Master File Accounting, for additional information on overflow accounts.
- If the resolution of the ID theft issue will alleviate the balance on the BMF account, research the IMF Non-master File (NMF) account to determine if there any other possible balances are owed by the taxpayer. Use CC TXMOD, SUMRY and ENMOD with definer “N” after the TIN to research the NMF.
- If the determination is made that this is a fabricated EIN and the SSN owner has no association with the business, the TC 130 relating to the business must be reversed.
- If dealing with a legitimate business but BMF ID theft did occur, ensure there are no outstanding liabilities for the business prior to reversing the associated TC 130.
- For procedures to reverse any TC 130 relating to the ID theft, see IRM 25.23.11.7.6.1, Reversing TC 130 - AM BMF IDT Employees Only.
- AM BMF employees trained in working ID Theft cases can reverse a TC 130 and will follow guidance below.
- If identity theft is confirmed, thoroughly research all related accounts for legitimate outstanding balances prior to reversing any TC 130 on the account. Ensure there are no balances on the IMF, BMF or NMF account. See IRM 25.23.11.7.6, Accounts Containing TC 130 for research steps.
- Automated Non-Master File (ANMF) places TC 130 for debit account balances greater than $50 on related Non-Master File (NMF) taxpayer modules which have DLNs with blocking series 200-209. Input of a subsequent TC 131 will reverse all prior TC 130.
- If a TC 130 should be reversed, do not input TC 131 until confirmation has been received from the Non-Master File team there is no outstanding ANMF debit balance. Email the NMF team at *TS KCSPC Non-Master File Team prior to forwarding the case to the manager or lead for approval to reverse the TC 130.
- Prior to inputting the TC 131, forward the case to your manager or lead for approval, and include the confirmation email received from the NMF team stating there are no outstanding ANMF debit balances.
- The manager or lead will review the case information and determine if the reversal is appropriate. The manager or lead will leave a CII note on the case with the facts that back up the decision to allow or disallow the reversal of the TC 130.
- If no liabilities remain on IDRS or NMF, after you have received manager or lead approval, input the TC 131 to ENMOD using CC REQ77.
If a BMF identity theft (IDT) indicator (TC 971 AC 522) was erroneously entered on an account, subsequent research determines no ID theft has occurred or the taxpayer doesn’t respond to the request for additional information, reverse the ID theft indicator. Reverse using a TC 972 AC 522. Use the appropriate MISC code to reflect the reason for the reversal.
Reversal Code Reason for BMF ID Theft Reversal NOIDT After researching the account it is determined no ID theft exists. Document on AMS/CII why ID Theft is not indicated. NORPLY Taxpayer does not respond to the request for additional information. IRSERR Indicator input incorrectly (typographical error or another internal mistake). FALSE The original identity theft incident claim was determined to be false/untrue. OTHER Any reason not listed above. Document AMS/CII with reason for reversal. - For additional information see exhibit in IRM 25.23.9-5, Reversing BMF Identity Theft Indicators-TC 972 AC 522.
- The following subsections provide guidance to address specific account conditions based on the determination made and the facts and circumstances of the module. Multiple references may be applicable for the same case.
When updating the ASED based on the valid taxpayer’s return, consider the following:
- Input a TC 560 with DLN CD of 70 or 99 to prevent Unpostable Code 178-2. Use DLN CD 70 when correcting the ASED to a later date than the posted ASED. Use DLN CD 99 when correcting the ASED to an earlier date than the posted ASED.
- If the valid taxpayer has filed two returns, and the second return is intended to be superseding, the ASED will be calculated using the received date of the first return. The account will be adjusted to the correct figures on the second return, as allowable.
Caution:
To prevent an unpostable (UPC 178-2), see IRM 3.12.179.79.3, UPC 178 Reason Code 2 Assessment Expiration Date (ASED), for additional information.
Reminder:
Ensure the ASED on the account is adjusted to reflect the appropriate date based on the new valid return. When the ASED on the impacted module is expired, a transaction date one day prior to the expiration must be used when inputting the TC 560 to prevent Unpostable Code 178-2.
In rare instances, a claim may be received listing a public figure or famous individual as the victim.
If And Then 1. The statement includes the name of a public figure or famous individual, They are not listed as the victim. Continue processing following normal procedures. 2. The statement includes the name of a public figure or famous individual, They are listed as the victim 1. STOP.
2. Once identified, do not conduct further research until guidance is received from IPSO HQ.
3. Prepare and email Form 14566 using the subject line: Frivolous Claim (or something similar) to IPSO HQ. Document all research completed in a CII case note and/or on Form 14566. Attach Form 14566 to your CII case.
4. Suspend the case awaiting a response from IPSO HQ. Upon receipt, the account will be researched. A response on how to address the account will be received within 7 business days.- Perform complete and careful research on each case to make a determination (tax-related, non-tax related, or no identity theft (NOIDT)).
Procedures in this section are intended to be followed after making an IDT determination and identifying an invalid return on the impacted module.
If necessary, update the entity (i.e., correct address, care-of name line, etc.).
Reminder:
If the entity has been locked with TC 971 AC 524 with a MISC code of ENTLOK, the entity must be unlocked prior to making any updates or the changes will unpost.
- If the account reflects a balance due and was not previously protected to prevent balance due notices, tax offsets, and/or enforcement actions, take the necessary action to protect the account.
- When the refund was issued to the invalid taxpayer, move the lost/partially lost refund to the General Ledger (GL) 1545 account. See IRM 25.23.11.8.2, Lost Refund, for additional information.
- When the refund was issued to the valid taxpayer, follow Category C erroneous refund procedures found in IRM 25.23.11.7.4.4, SBSE Recapture CARES Act Credit Cases, if the taxpayer received a refund in excess of the amount to which they are entitled.
Refer to the table below for adjustment considerations:
Adjustment Item Details 1. Blocking Series (BS) Use the appropriate blocking series when inputting the adjustment. 2. Override Code Use an override code, when necessary:
- R - Allows the IRS Received Date to be older than a year.
- S - Allows the current date and Refund Statute Control Date to be later than the Refund Statute Expiration Date (RSED).
3. Refund Statute Control Date (RFSCDT) Use the timely filed claim received date or timely post mark date if the claim received date is not available. 4. Source Code (SC) Use source code 0. 5. Hold Code (HC) Use the appropriate hold code depending on the expected outcome of the adjustment.
- HC 3 - Will hold only the adjustment notice. Use for adjustments resulting in a zero balance, balance due, or credit that will be offset or refunded systemically.
- HC 4 - Will hold the adjustment notice and resulting credit. Use for adjustments resulting in a manual refund, disallowance of a refund, or when all or some of the refund will be applied to a valid balance due or as a credit elect by inputting a credit transfer.
6. Priority Code (PC) Only use a PC when necessary. See IRM 25.23.11.7.1.4, Priority Codes for BMF IDT, for additional information. 7. Posting Delay (PD) Code PD codes are used to ensure account actions and adjustments post in the correct order. See IRM IRM 21.5.2.4.17, Posting Delay Code (PDC), for additional information.
- When inputting an entity update or TC 971 AC 850, post delay your corrective adjustment by one cycle.
- When inputting an entity update and TC 971 AC 850, post delay TC 971 AC 850 by one cycle and your corrective adjustment by two cycles.
- When transferring a credit (e.g., moving refunds, credit transfers, etc.) to the module the adjustment will be input on, post delay your corrective adjustment by one cycle.
8. Source Document No source document (NSD) 9. Remarks Notate “Identity Theft” or similar. Refer to the table below to identify the appropriate IRM based on the determination made:
Determination IRM Reference 1. Invalid Return Posted First/Valid Return is a Refund or Zero Balance IRM 25.23.11.8.1.1, Two Returns Posted - Invalid Return Posted First/Valid Return is a Refund or Zero Balance 2. Invalid Return Posted First/Valid Return is a Balance Due IRM 25.23.11.8.1.2, Two Returns Posted - Invalid Return Posted First/Valid Return is a Balance Due 3. Valid Return Posted First/Invalid Return Posted Second IRM 25.23.11.8.1.3, Valid Return Posted First/Invalid Return Posted Second 4. ID theft return is an amended return IRM 25.23.11.8.1.4, ID Theft Return is an Amended Return 5. One invalid return filed IRM 25.23.11.8.1.5, One Invalid Return Filed 6. No IDT IRM 25.23.11.8.1.6, No Identity Theft (NOIDT) Determinations
- Once a determination of IDT has been made, it will be necessary to correct the account.
Determine if the ASED needs to be updated prior to inputting any adjustment. On duplicate returns it may be necessary to update the ASED to reflect the correct received date of the valid return. The ASED will need to be updated if it is different from the date posted on the original return on the module. Input the ASED with a TC 560 using CC REQ77 as appropriate. See IRM 25.6.1.6.14, Criteria for Establishing a Statute of Limitations Period, for additional information.
Example:
The return due date is 04-15-2026 and the ID Theft original return posted 04-14-2026. The ASED for this return would be 04-15-2029. The true taxpayer had filed an extension on 04-10-2026. The valid return was received on 08-14-2026, the ASED for the valid return would be updated to 08-14-2029.
Follow the steps below to correct the account:
- There will be times when an ID theft return posted first and the valid taxpayer’s return is a balance due. You will need to determine if the return was timely filed and if the tax was timely paid.
- If the return was filed late, you will need to manually compute and assess any applicable Failure to File (FTF) penalty. See IRM 20.1.2.2.1, When Timely Mailing Equals Timely Filing or Paying (Received Date vs. Filing/Payment Date), for additional information when determining if a return was timely filed or filed late.
- If the valid return is a balance due and the tax was paid late or is still unpaid, failure to pay (FTP) penalties must be charged.
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It is important the correct information is entered on the adjustment to ensure the correct FTP penalty is charged. Follow the steps below to correct the account:
- Once a determination of IDT has been made, it will be necessary to correct the account.
If you determine the taxpayer’s valid return posted to the account first and the invalid return posted second, follow the chart below to correct the account:
Step Action 1. Input TC 290 .00 with BS 05. 2. Input TC 971 AC 522 CLSIDT 3. Send Letter 5317C to explain all actions taken. Note:
If the valid return posted first and the invalid return posted second and there was an adjustment made to the account, see IRM 25.23.11.8.1.4, ID Theft Return is a Valid Return.
- Once a determination of IDT has been made, it will be necessary to correct the account.
If you determine the taxpayer’s valid return posted to the account first and the invalid return is an amended return, follow the chart below to correct the account:
- Once a determination of IDT has been made, it will be necessary to correct the account.
If you determine the return posted to the module is an invalid return, follow the chart below to resolve the account:
- When the taxpayer is not a victim of identity theft, the TC 971 AC 522 must be reversed, and AMS/CII must be documented with the reasoning behind the determination that no ID theft exists. See IRM 25.23.9.6.7, Reversing Business Master File (BMF) Identity Theft Indicators - Transaction Code (TC) 972 Action Code (AC) 522 NOIDT, for additional information.
When you have determined the taxpayer is not a victim of identity theft, take the following actions:
Example:
The taxpayer receives a balance due notice from the IRS and submits Form 14039-B to claim identity theft. After performing the required research, you determine the balance due was not a result of identity theft but rather a result of a return processed to an incorrect account. This is not identity theft. The account must be marked with a TC 971 AC 522 IDTDOC to document receipt of the Form 14039-B, and then reversed with TC 972 AC 522 NOIDT.
Example:
The taxpayer applies for an EIN and receives notification an EIN is already assigned and calls the IRS to report IDT, stating they never had an EIN. After performing required research, you determine the taxpayer filed a Schedule H on their individual return and the EIN belongs to the taxpayer. Since the EIN has no prior returns filed, there is no module available to input TC 971 AC 522 IDTCLM and the TC 972 AC 522 NOIDT. AMS/CII must be documented with the reason for the NOIDT determination.
An account will be marked with a TC 972 AC 522 NORPLY when a request was made to a taxpayer to submit more information to support the identity theft claim and no taxpayer response was received. This request for more information is issued when the determination cannot be made based on internal research. Follow the table below to resolve the case:
If Then 1. There is not enough information in the taxpayer’s previously submitted documentation or claim to make an IDT determination (IDT or NOIDT) - Send a closing letter, Include the following special paragraph or similar verbiage:
Since you did not respond to our request for additional information, we are unable to make an identity theft determination and have closed your case. For further consideration, please provide us with the previously requested information. Until then, no further action regarding your identity theft claim will be taken. Collection actions will resume, if applicable. - Use Command Code REQ77 initiated from TXMOD to input a TC 972 AC 522 reflecting a Tax Administration Source Code of NORPLY. See Exhibit 25.23.9-5, Reversing Business Master File (BMF) Identity (ID)Theft Indicators - Transaction Code (TC) 972 Action Code (AC) 522, for more information.
- If, at the time of case closure, you find the TXMOD was not flagged with a TC 971 AC 522 IDTCLM/IDTDOC, you must enter a TC 971 AC 522 with the appropriate MISC code to be reversed by TC 972 AC 522 NORPLY. When the TC 971 AC 522 IDTCLM/IDTDOC is input, the TC 972 AC 522 NORPLY must be post delayed one cycle to allow the TC 971 AC 522 to post first.
- If there is no TXMOD to input the TC 972 AC 522 NORPLY, AMS/CII must be documented with the reason for the NORPLY determination.
- Input a TC 472 to reverse the hold and resume the collection process, if there is a TC 470 that was input to freeze collection notices.
2. There is enough information to determine the taxpayer is a victim of identity theft - The identity theft issue must be resolved.
3. There is enough information to determine the taxpayer is not a victim of identity theft AND additional actions to fully resolve the module are needed (e.g., DUPF, amended return, mixed entity, etc.), - When you have made a NOIDT determination, certain account actions are required. Refer to IRM 25.23.11.8.1.6, No Identity Theft (NOIDT) Determinations, for additional information.
- Send a closing letter, Include the following special paragraph or similar verbiage:
- If an ID theft return (original or amended) has been processed and as a result a refund was issued to the Identity thief, the refund needs to be moved off the valid taxpayer’s account. This must be done to ensure the account reflects only the valid taxpayer's information.
- CC IDT48 and CC IDT58 must be used to move refunds lost from the account. These CCs credit the EIN account and move the refund to the General Ledger 1545 account. See IRM 2.4.61, Command Code IDT48/IDT58/RPM48/RPM58/CSO48/CSO58/ELP45 for more information.
- Use CC IDT48 to move an entire refund (TC 84X). TC 841 posts to the account with document code 48.
- Use CC IDT58 to move the unrecoverable portion of a partially recovered refund. TC 700 posts to the account with document code 58. Input a secondary TC 570 on your credit transfer to freeze the credit.
- Use CMODE to direct the request to the correct service center. See IRM 2.4.61.1.6, Terms and Acronyms. To determine the correct service center, use the 8th and 9th position of the Refund Schedule Number (RSN). See Exhibit 3.17.79-4, Refund Schedule Number Format.
- Prior to inputting CC IDT48 or CC IDT58, reverse all available offsets that occurred.
- If part of the refund was offset and the credit is being returned to the module, only the portion of the refund that is unrecoverable will credited to the taxpayer’s account.
To input the reversal using command codes IDT48 or IDT58:
- See IRM 2.4.61.4, Command Code IDT48 - Request Formatted Input Screen
- See IRM 2.4.61.5, Command Code IDT58 - Request Formatted Input Screen
- Suspend case and monitor for the posting of the TC 841/TC 700. This is usually 2-4 weeks.
- The preparation and posting of the TC 841 should be completed prior to backing out the return if possible.
The table below will assist the Accounts Management Customer Service Representative with initiating the Form 14566, BMF Identity Theft Referral. The Accounts Management BMF IDT Liaison will review the form, complete the remaining fields, and forward to the appropriate functional BMF IDT Liaison.
| Form 14566 Field Name | Field Data |
|---|---|
| Liaison Name | Enter the name of the liaison where the referral is being sent |
| Liaison Function | Select function where referral is being sent from the drop down menu options. |
| Business Information | Include Business EIN, Name and Address. |
| Claimant Information | Include Claimant SSN, Name/Title, Address and Phone number. |
| Account Information | Include CII number (when applicable), MFT and Tax period/s. |
| Actions Requested | Check all actions being requested. |
| Explanation for ID Theft Determination (Required Field) | It is very important to provide a detailed explanation to the receiving function of what was found that this case was determined as IDT and what specific actions you are requesting. Attach documents that prove your determination when available, and if Form 14039 or Form 14039-B is present, attach the form to the secure e-mail. |
| Employee Name and Function | Full name of person submitting the Form 14566 and the function they belong to. |
| Telephone Number | Phone number of initiator in case contact needs to be made. |
| Date | Date the Form 14566 is prepared and/or sent. |
(1) The table below provides the Accounts Management BMF employees with additional information regarding TC 971 action codes seen on accounts with RICS and IDT involvement.
Note:
See IRM 25.23.11.6.3, BMF Returns Selected for RICS Review, for additional information and procedural guidance.
| TC 971 Action Code | Seen on Command Code | Definition | |
|---|---|---|---|
| 1. | 711 | TXMOD BMFOLT | Identifies the suspense of a potential identity theft return, and causes the return to post as a TC 973 instead of a TC 150. Letter 6042C is issued. |
| 2. | 712 | TXMOD BMFOLT | Used by RICS to allow a return deemed not IDT to post. |
| 3. | 713 | TXMOD BMFOLT | Used by RICS to allow a return deemed not IDT to post, and freezes any refunds with TC 810 RC 4, generating a -Q freeze. The return will be reviewed for potentially frivolous items. The DLN of the TC 973 selected for posting will be seen in the MISC field. |
| 4. | 715 | ENMOD BMFOLE | Used by RICS to indicate if an EIN is fabricated or valid. The MISC field will show the determination made by RICS. Fabricated EINs will show the literal ‘FAB EIN’ in the MISC field. Valid EINs will show the literal ‘VALID EIN’ in the MISC field. |
| 5. | 717 | TXMOD BMFOLT | Used by RICS to allow a return deemed not IDT to post, and freezes any refunds with TC 810 RC 8, generating a -Q freeze. The return will be reviewed for potentially fraudulent items. The DLN of the TC 973 selected for posting will be seen in the MISC field. |
| 6. | 123 | TXMOD BMFOLT | Used by RICS to indicate a return was research and deemed identity theft through a bulk process. There will be ‘BMF IDT RP’ in the MISC field and the account will also have a corresponding TC 971 AC 522 CLSIDT. |
(2) The table below provides Accounts Management BMF employees with additional information regarding TC 971 AC 524 seen on accounts with RICS and IDT involvement. TC 971 AC 524 is seen on the entity (CC ENMOD and BMFOLE), and is input to lock an account.
| TC 971 AC 524 MISC Field Literal | Account will show | |
|---|---|---|
| 1. | EINFAB |
|
| 2. | EINFB2 |
|
| 3. | ENTLOK |
|
Reminder:
A full listing of BMF Tax Administration Source Codes is found in Exhibit 25.23.9-1, Transaction Code (TC) 971 Action Code (AC) 5XX- MISC Codes. With the exception of ‘ENTLOK,’ TC 971 AC 524 will lock the EIN and deactivate the account with TC 020.