What immediate actions should I take if I discover someone has fraudulently filed a California tax return using my Social Security number?
You must immediately report the fraud to the California Franchise Tax Board (FTB) and file an official identity theft report with law enforcement. Taking these steps promptly is critical to protecting your financial identity and resolving your state tax account.
Here are the immediate actions you should take:
Step 1: Contact the FTB Identity Theft Resolution Unit
Call the FTB immediately at (916) 845-7088. Explain that you are a victim of tax identity theft. Have a copy of any notice you received from the FTB and your Social Security number ready. They will provide initial guidance and flag your account.
Step 2: Complete and Submit FTB Form 3552
Download and fill out the "Identity Theft Affidavit" (Form FTB 3552) from the ftb.ca.gov website. This is your official statement. Attach a copy of your government-issued photo ID (like a driver's license) and a copy of the police report (see next step). Mail it to the address listed on the form.
Step 3: File a Local Police Report
Visit your local police department and file a report for identity theft, citing California Penal Code Section 530.5. Obtain the report number and a physical copy of the report. This document is essential proof for the FTB, credit bureaus, and other financial institutions.
Step 4: Report to the Federal Trade Commission (FTC)
Go to IdentityTheft.gov and file a report with the FTC. The website will provide a comprehensive recovery plan and an official FTC Identity Theft Report, which helps in disputing other fraudulent activity that may arise.
Step 5: File Your Legitimate California Tax Return on Paper
If you still need to file your own tax return, you must do so by mail; you cannot e-file while your account is compromised. Print your return, sign it, and attach a copy of your completed FTB Form 3552. Expect significant delays in processing and receiving any refund.
Important considerations:
Be aware that if your SSN was used for a fraudulent state return, it was likely used for a federal return as well. You should also file an IRS Form 14039, Identity Theft Affidavit, with the IRS. Keep detailed records of every phone call, letter, and form you submit. Note the date, the person you spoke with, and what was discussed.
Note:
Resolving tax identity theft is a lengthy process, often taking several months. Be persistent and follow up regularly with the FTB. Monitor your credit reports closely for any other signs of fraud by placing a fraud alert with one of the three major credit bureaus (Equifax, Experian, or TransUnion).
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Taxes & IRS
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