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Will my fiance's tax return be affected if he is victim of identity theft?

Lakewood, CO |

He was incarcerated and recently found out his social was being used by a lot of people all over the place.

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Attorney answers 3


Your husband needs to file charges that his identify was stolen with both local officials and federal officials. That way, if people are using his social security number for employment (which is common) or to get credit (which is also common), he will not be held liable. My colleague is correct that he will not be liable for any income, payments, etc. that was obtained by others without his knowledge or permission while he is incarcerated. He should still file his tax returns even though he does not have any income, with a page explaining to the IRS that his social security number was compromised, just to be safe.

V. Iyer

V. Iyer


Mr. LeRoi is right. He should also make a record with the prison authority about the theft of his I'D. Also report the theft of his I'D to the Social Security Administration, the Colorado Department of Revenue, Colorado Department of Labor and Unemployment. The purpose is to alert each of these agencies to flag his SSN for fraudulent wage report filings. When he reports to each of these agencies he should also disclose his DOC number and name and address of the prison facility.


He will have income that isn't his if people are using his SSN to work illegally. Otherwise, I don't see how it will have a huge effect on his taxes.

Christopher Larson
Insight Law


He should contact the IRS at the Identity Protection Specialized Unit. Their toll-free number is 1-800-908-4490.

This response should not be considered legal advice. No attorney-client relationship is formed by this response, which reflects only the opinion of the author. The response should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question and could change if additional facts were made available.

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