Tag: Taxes

How Can You Limit the Damage Caused by Identity Theft?

What’s worse than filing your taxes? Finding out that your return was already filed and your refund check was already cashed. Yep, that’s definitely worse. Unfortunately, tax season has become the time of year when many first discover that their identities have been stolen.

According to Javelin Strategy & Research’s 2017 Identity Fraud Study, there were 15.4 million U.S. victims of identity theft in 2016, which is 16 percent higher than 2015. It was the highest rate since Javelin began tracking identity fraud in 2003.

So, what should you do if your identity has been stolen? According to the Federal Trade Commission (FTC), you must take immediate action to limit the damage.

What to do right away.

Contact the fraud department of each company (retailer, bank, etc.) where you know fraud occurred. Explain that someone stole your identity and ask them to close or freeze the accounts so no one can add new charges unless you agree. Change logins, passwords and PINS for your accounts.

Contact one of the three credit bureaus to place a free 90-day fraud alert. That company must tell the other two. A fraud alert makes it harder for someone to open new accounts in your name. When you have an alert on your report, a business must verify your identity before it issues new credit in your name.

Get your credit reports from Equifax, Experian and TransUnion. Review your reports and note any accounts or transactions you don’t recognize.

Report identity theft to the FTC. The FTC will create an Identity Theft Report and recovery plan. An identity theft report proves to businesses that someone stole your identity. It also guarantees you certain rights.

File a report with your local police department. Tell the police someone stole your identity and that you need to file a report. Ask for a copy of the police report.

What to do next.

Close new accounts. Ask the fraud department of each business where an account was opened to close the account. Request a confirmation letter and keep a record of who you contacted and when.

Remove fraudulent charges from your accounts. Let the fraud department know which charges are fraudulent and ask that they be removed from your account. Request a confirmation letter and keep a record of who you contacted and when.

Correct your credit report. Write each of the three credit bureaus. Identify what information on your report came from identity theft and ask them to block that information. You have the right to block fraudulent information so that it won’t show up on your credit report and companies can’t try to collect the debt from you. If you have an Identity Theft Report, credit bureaus must honor your request to block this information.

Consider an extended fraud alert or credit freeze. Both can help prevent further misuse of your personal information, but there are important differences between the two. For example, an extended fraud alert allows access to your credit reports as long as steps are taken to verify your identity. A credit freeze stops all access until it’s removed. Though fraud alerts are free to place and remove, there may be small fees associated with credit freezes.

Protective measures to protect against identity theft are important, but they’re not always enough. However, there is insurance that is specifically designed to protect both individuals and businesses against identity thieves and hackers. For example, identity theft coverage can help individuals cover the cost of clearing their name. Cyber Liability and Security Breach (Cyber Perils) coverage can protect businesses against various cyber threats, including the cost of complying with data breach notice laws.

Please contact us if you would like more information about insurance specifically designed to protect against identity theft.

Additional information is also available in our weekly Risk Management Newsletters.

IRS Extends Deadline to Furnish ACA Forms to Individuals and Good-Faith Relief from ACA Reporting Penalties

On November 18, 2016, the Internal Revenue Service gave employers averaging at least 50 full-time or full-time equivalent employees in 2015 (Applicable Large Employers or ALEs) an early holiday gift. The IRS extended the Affordable Care Act’s due date to furnish 2016 Forms 1095-C to individuals from January 31, 2017 to March 2, 2017. The IRS also extended last year’s transition relief to protect ALEs from penalties if they make a good-faith effort to comply with the ACA’s 2016 information and reporting requirements.

The IRS did NOT extend the due date for ALEs to file their 2016 Forms 1094-C and 1095-C, which must still be filed with the IRS by February 28, 2017 (March 31, 2017, if filed electronically).

Under the ACA, ALEs are required to annually furnish Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) to individuals on or before January 31 of the following calendar year. ALEs must also file Forms 1095-C and 1094-C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns) with the IRS on or before February 28 (March 31 if filed electronically) of the following calendar year.

The IRS determined that a substantial number of employers need additional time beyond January 31, 2017 to prepare and furnish their 2016 Forms 1095-C to individuals, which is why the due date was extended to March 2, 2017. This extension does not require the submission of a request or other documentation. However, the IRS determined that employers do not need additional time to meet filing deadline, so the due date to file 2016 Forms 1095-C and 1094-C with the IRS remains February 28, 2017 (March 31, 2017, if filed electronically).

Perhaps more important is the extension of last year’s transition relief from penalties that may be imposed for failing to comply with the ACA’s 2016 information and reporting requirements, which can be substantial. The penalty for failing to timely furnish correct Forms 1095-C to individuals is generally $250 per individual. The penalty for failing to timely file correct Forms 1095-C with the IRS is generally $250 per form.

To avoid these penalties, an ALE must show that it made a good-faith effort to comply with the ACA’s 2016 requirements to furnish information about employer-provided health insurance coverage to individuals and file this information with the IRS. This relief only applies to forms with incorrect or incomplete information, such as missing or inaccurate taxpayer identification numbers, dates of birth, etc. It does not apply to ALEs that do not make a good-faith effort to comply with the reporting requirements or that fail to file or furnish forms by the due dates.

In determining good faith, the IRS will consider whether an ALE made reasonable preparation efforts to furnish and file the necessary forms, such as gathering and transmitting the necessary data to an agent to prepare the data for filing with the IRS or testing its ability to transmit information to the IRS. The IRS will also consider the extent to which an ALE is taking steps to ensure that it will be able to comply with the 2017 reporting requirements.

These extensions only apply to the ACA’s 2016 reporting requirements. The IRS does not anticipate extending this transition relief, either with respect to the due dates or with respect to good faith relief from penalties, to reporting for 2017.

Setnor Byer Insurance & Risk is committed to helping clients protect their businesses and navigate the ACA’s reporting requirements. Please contact us for more information about our online tool for preparing, furnishing and filing ACA forms.

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