Fraudsters use fake “Form 9710” to target businesses in an attempt to steal information, including the entity’s identity and/or the owners/officers’ identities. Newly formed entities, such as corporations, partnerships, and limited liability companies, in particular, are being targeted. New entities often receive fake Internal Revenue Service (IRS) mailings and solicitations, which are scams.
One of the latest scams claims that an incorrect business code was used to obtain the entity’s Employer Identification Number (EIN) and encloses “Form 9710” to be completed and returned to US Corporate Classifications, along with a fee of $107, to correct the purportedly erroneous business code.
There is no “Form 9710” from the IRS!
Do not complete and return this form! Do not send payment to the third party entity listed on this form!
The IRS will never charge a taxpayer, entity or individual, for filing to obtain an EIN or for submitting corrections to the information associated with an EIN. The IRS does not contract with third parties in regard to obtaining or correcting an EIN.
Here are a couple of things to look out for if you receive mail or solicitations that purport to be from the IRS:
- Are there any misspellings, grammatical or formatting errors on the “IRS” letter, correspondence, or form provided?
- Does the correspondence or form include a request for payment to a third party?
- Does the correspondence or form provided request information that is personal to an owner/officer?
- Is a signature requested?
Fraudsters look to capitalize on information obtained so that they can file fraudulent tax returns to claim refunds or file fraudulent W-2 forms to claim non-existent employer related payroll expenses. They also look to see what other information they can steal, including personal information, to effectuate identity theft against an individual.
If you completed “Form 9710” and returned it to the third party listed on the form, you should complete IRS Form 14039-B as soon as possible to report suspected identity theft of your business. Keep in mind that a fraudster will not only attempt to have you send payment, they will also try to steal your entity’s information and identity, along with the owners and officers’ information and identity.
For more information as to entity identity theft click here: Report Identity Theft for a Business | Internal Revenue Service (irs.gov)
If you receive unexpected communications from the IRS and have questions, you should contact the IRS directly. All IRS correspondence contain a reference number and can be tracked in their systems.
Should you have any questions regarding the above, please contact the author, the Garfunkel Wild attorney with whom you regularly work, or email us at [email protected].