IRS Informs Small Businesses to be Alert to Identity Theft

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The Internal Revenue Service, state tax agencies and the nation’s tax industry joined together to warn small businesses to be on-guard against a growing wave of identity theft against employers.

Small business identity theft is a big business for identity thieves, the IRS says. Just like individuals, businesses may have their identities stolen and their sensitive information used to open credit card accounts or used to file fraudulent tax refunds for bogus refunds.

In the past year, the IRS has noted a sharp increase in the number of fraudulent Forms 1120, 1120S and 1041 as well as Schedule K-1. The fraudulent filings apply to partnerships as well as estate and trust forms.

The IRS says identity thieves are displaying a sophisticated knowledge of the tax code and industry filing practices as they attempt to obtain valuable data to help file fraudulent returns. Security Summit partners have expanded efforts to better protect business filers and to better identify suspected identity theft returns.

Identity thieves have long made use of stolen Employer Identification Numbers to create fake Forms W-2 that they would file with fraudulent individual tax returns. Fraudsters also used EINs to open new lines of credit or obtain credit cards. Now, they are using company names and EINs to file fraudulent returns.

As with fraudulent individual returns, the IRS says there are certain signs that may indicate identity theft.

Business, partnerships and estate and trust filers should be alert to potential identity theft and contact the IRS if they experience any of these issues:

• Extension to file requests are rejected because a return with the Employer Identification Number or Social Security number is already on file;
• An e-filed return is rejected because of a duplicate EIN/SSN is already on file with the IRS;
• An unexpected receipt of a tax transcript or IRS notice that doesn’t correspond to anything submitted by the filer;
• Failure to receive expected and routine correspondence from the IRS because the thief has changed the address.

New Procedures to Protect Business in 2018

The IRS, state tax agency and software providers also share certain data points from returns, including business returns, that help identify a suspicious filing. The IRS and states also are asking that business and tax practitioners provide additional information that will help verify the legitimacy of the tax return.

For 2018, these “know your customer” procedures are being put in place that include the following questions:

• The name and SSN of the company executive authorized to sign the corporate tax return. Is this person authorized to sign the return?
• Payment history – Were estimated tax payments made? If yes, when were they made, how were they made, and how much was paid?
• Parent company information – Is there a parent company? If yes, who?
• Additional information based on deductions claimed
• Filing history – Has the business filed Form(s) 940, 941 or other business-related tax forms?

Sole proprietorships that file Schedule C and partnerships filing Schedule K-1 with Form 1040 also will be asked to provide additional information items, such as a driver’s license number. Providing this information will help the IRS and states identify suspicious business-related returns.

For small businesses looking for a place to start on security, the National Institute of Standards and Technology produced Small Business Information Security: The Fundamentals. NIST is the branch of the US Commerce Department that sets information security frameworks followed by federal agencies.

The United States Computer Emergency Readiness Team has Resources for Small and Midsize Businesses. Many secretaries of state also provide resources on business-related identity theft as well.