26 U.S.C. § 7529 — Notification of suspected identity theft
submitted 7 years ago by Pub. L. 116-25 to r/title-26-INTERNAL-REVENUE-CODE · 409 words · no verdicts yet
If the Secretary determines that someone’s identity has been or may have been used without authorization, the Secretary must promptly notify that person and provide specified help and follow-up information. The rule also covers identity theft used to obtain employment.
(a) If the Secretary* determines that an individual's identity has been or may have been used without authorization, and doing so will not jeopardize a tax-administration investigation, the Secretary must as soon as practicable (1)(A) notify the individual; (B) explain how to report the unauthorized use to law enforcement; (C) identify steps the individual must take to let law enforcement access personal information during the investigation; (D) give information about actions the individual can take to protect against harm from the unauthorized use; and (E) offer identity-protection measures, such as an identity-protection personal identification number. (2) When giving that information, or as soon as practicable if information is not then available, the Secretary must give the individual or the individual's designee additional notices about (A) whether an investigation began; (B) whether it confirmed unauthorized use; and (C)(i) whether action was taken against a person for that use or (ii) whether the person was referred for criminal prosecution and, if known, whether the person was charged by indictment or information.
(b)(1) For this section, unauthorized use includes using an individual's identity without authorization to obtain employment. (2) When deciding whether that kind of use occurred or may have occurred, the Secretary must review information (A) from a statement under section 6051 or an information return about compensation for services other than as an employee*, or (B) supplied to the Internal Revenue Service by the Social Security Administration about a section 6051 statement, when the social security number on the statement or return does not match the name on it or the name on the tax return reporting the income included in it.
If the Secretary* determines that there has been or may have been an unauthorized use of the identity of any individual, the Secretary shall, without jeopardizing an investigation relating to tax administration—
as soon as practicable—
notify the individual of such determination,
provide instructions on how to file a report with law enforcement regarding the unauthorized use,
identify any steps to be taken by the individual to permit law enforcement to access personal information of the individual during the investigation,
provide information regarding actions the individual may take in order to protect the individual from harm relating to the unauthorized use, and
offer identity protection measures to the individual, such as the use of an identity protection personal identification number, and
at the time the information described in paragraph (1) is provided (or, if not available at such time, as soon as practicable thereafter), issue additional notifications to such individual (or such individual’s designee) regarding—
whether an investigation has been initiated in regards to such unauthorized use,
whether the investigation substantiated an unauthorized use of the identity of the individual, and
whether—
any action has been taken against a person relating to such unauthorized use, or
any referral has been made for criminal prosecution of such person and, to the extent such information is available, whether such person has been criminally charged by indictment or information.
For purposes of this section, the unauthorized use of the identity of an individual includes the unauthorized use of the identity of the individual to obtain employment.
For purposes of this section, in making a determination as to whether there has been or may have been an unauthorized use of the identity of an individual to obtain employment, the Secretary shall review any information—
obtained from a statement described in section 6051 or an information return relating to compensation for services rendered other than as an employee*, or
provided to the Internal Revenue Service by the Social Security Administration regarding any statement described in section 6051,
which indicates that the social security account number provided on such statement or information return does not correspond with the name provided on such statement or information return or the name on the tax return reporting the income which is included on such statement or information return.
Source credit: (Added Pub. L. 116–25, title II, § 2007(a), July 1, 2019, 133 Stat. 1005.)
- 2019Enacted · Pub. L. 116-25 · 133 Stat. 1005
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-25 on 2019-07-01.
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