Monday, March 30, 2015

Warning: Turbotax Fraud on Electronic Refunds- and Possible Coverup?

One of my acquaintances has had a terrible time with the electronic refund process of Turbotax.  I thought I would describe what has happened as a warning to everyone that there is some built in slick bait and switch inside the Turbotax filing process and, in this case I am going to describe, perhaps some fraud from inside the Turbotax refund process (Important:  The Turbotax refund process includes third party financial services, so Turbotax has plausible deniability if there is indeed something going on.)

If you are not familiar with what has gone on with Turbotax earlier, here is a summary I copied from Forbes (My story continues after this copy.  Look for the horizontal line.):



TurboTax has resumed acceptance of electronically filed state tax returns after temporarily turning off service in all states on Thursday, February 5 after reports of suspicious activity.
The move to temporarily suspend service followed concerns in at least 18 states that taxpayer data had been compromised. The state of Minnesota actuallytook matters into its own hands, announcing that it would not accept returns transmitted by TurboTax.
As a result, Intuit INTU +1.52%, the company responsible for TurboTax, reached out to Palantir, a third party security expert, to investigate potentially fraudulent activities. The initial findings lead the company to believe that there was not a breach in TurboTax security but rather that data used to file fraudulent returns was obtained from other sources outside the tax preparation process. That data was used to file returns before honest taxpayers could file: when those taxpayers did log in, they found that someone else had already filed using their names and taxpayer information.
TurboTax is still working with state tax authorities to follow-up on the fraud allegations but believe resuming services at this time is appropriate. Brad Smith, Intuit president and chief executive officer, noted that the company is continuing to monitor the situation, saying, “We’ve identified specific patterns of behavior where fraud is more likely to occur. We’re working with the states to share that information and remedy the situation quickly. We will continue to engage them on an ongoing basis in an effort to stop fraud before it gets started.”
Intuit also implemented targeted security measures to combat the type of fraudulent tax activity that it is seeing. According to Julie Miller, Director, Public Relations & Social Media for Intuit, these additional steps include the implementation of Multi-Factor Authentication, a proven technology for protection against identity theft.
Meanwhile, taxpayers who were waiting to file their state returns can move forward. Taxpayers who filed state tax return using Intuit software during the hold don’t need to do anything further: any returns which were being held will be filed automatically as systems resume.
TurboTax stressed that the filing of federal income tax returns was not affected by the hold. The IRS confirmed that to be the case yesterday (see their statement).
Despite TurboTax’ insistence that the move was not system-specific, other tax preparation software companies reported that they were not seeing similar problems. H&R Block HRB -0.19%, which sits at #2 in popularity behind TurboTax in the tax software world, affirmatively stated that “[w]e have no indication this issue exists with H&R Block online state returns.” TaxACT issued a similar statement, stressing that “[w]e are not seeing similar activity in our proactive monitoring, and we will continue to partner with state agencies and the IRS to prevent fraud.”

So what makes one system vulnerable while others are not? And why target state and not federal returns?
It’s not exactly clear. But there may be some common denominators. Criminal tax fraud is big business – but it’s also a crime of opportunity. The more difficult it is to take advantage, the more likely the bad guys are going to pass. Remember that home alarm commercial that made the rounds a few years back? The one where the crooks saw the security company sign in the window and decided to move onto another house? It’s kind of like that.
That’s probably why criminals appeared to be targeting state returns and not federal returns. The potential kitty might be better at the federal level but in many cases, Internal Revenue Service (IRS) has stronger fraud detection systems in place than some states. If IRS does a better job at catching the bad returns, the fraudulent activity might slow down (or never make it into the system).
Additionally, Social Security Numbers are checked and cross-checked at the federal level, making it more difficult to file more than one return with the same number. For state purposes, the same level of checks doesn’t exist – either inside a state or between states – so that a single Social Security Number could be filed at multiple agencies in potentially multiple states without any knowledge that the number was being used fraudulently.
Using online software makes the process potentially easier for fraudsters. As noted by many of my readers over the past couple of days, online tax software requires no actual verification of identity – you don’t have to scan your license or government ID to file a return. You also don’t have to provide a paper tax form, like a W-2, to a specific individual when you file online. You simply need a computer and an internet connection. The lack of controls online make it appealing to those looking to cheat.
That begs the question, then, why aren’t all online tax software companies seeing the same kinds of issues? It may have to do with security screens but it could be even more simple: pricing and order of acceptance.
Like many other tax software companies, TurboTax allows taxpayers to file for free. This is great for taxpayers – but also for fraudsters: they can cheat for free. In other words, there’s very little outlay required.
Order of acceptance may also be a factor. With a product like TurboTax, taxpayers can opt to print and mail a federal return, but electronically file the state return. If a fraudster wants to avoid detection, they can choose not to submit the federal return (which, remember, may have stronger controls) and instead, target states. If filing a federal return is required prior to or together with the state return, it could make it more difficult to cheat: the fraudster would have to jump through the federal screens before landing on the state screens. At least one competitor, H&R Block, does require federal e-file acceptance prior to transmitting the state e-file return.

This matter is far from resolved. While all of the major tax software companies are all open for business, all are acutely aware of the potential for fraud and have issued statements indicated that they are continually monitoring the situation during tax season. Additionally, state agencies are actively involved in reviewing taxpayer returns for suspicious activities. And, of course, IRS continues to warn taxpayers about the potential for identity theft and fraud.
If you have specific concerns, individual companies advise the following:
  • HR Block. If you need help, contact Customer Support at 1.800.HRBLOCK FREE (1.800.472.5625 FREE).
  • TaxACT. If you suspect you may be a victim of fraud, please contact TaxACT (319.373.4514) and your state agency immediately.
  • TurboTax. To assist any customers who believe they are victims of tax fraud, Intuit has implemented a plan that includes a dedicated toll-free number, 1.800.944.8596 FREE, with direct access to specially trained identity protection agents who will provide comprehensive support and filing assistance.
For more about identity theft and IRS, check out the IRS website.


So, the story is:  During the Turbotax filing process, the user is given the option to efile.   The federal file is free, but it costs some amount (eg $19.99) to efile the state.  In addition, the user is given the option to have the federal and/or the state refund to be directly deposited into the user's (checking) account. To use the direct deposit, the user has to provide the route and account number of the account where the refund should be deposited.

Here was where the problems started.  To sign up for direct deposit, the user checks a box for direct deposit.  Two things can happen.  If the user has used Turbotax last year, the routing and account fields are filled in from the previous return; otherwise the user has to enter the routing and account number.  The automatic fill in is certainly convenient, but it turns out that it can be incorrect.  The user is supposed to verify the routing and account number, but, in this case, that didn't happen.  It was assumed to be correct.  The entered routing and account number were incorrect!  In fact, as I will describe subsequently, it was to a route and account that was completely unfamiliar to the user.

In addition to direct deposit, Turbotax gives the option to deduct the cost of the state efile (again, something like $19.99) from the federal refund.  Sounds good, huh.  No fuss.  Deducting the cost of the state efile is a bait and switch.  It turns out that Turbotax charges $34.99 to do this.  Don't blow through the forms and miss this!  Furthermore, your remainder tax refund seems to take a different route from the IRS to your  deposit account.  A third party bank, The Citizens Banking Company, in Ohio, fronted by a third party company, Tax Products Group (TPG) in California, handles the transactions.  Apparently, the tax refund is sent by the IRS and the state bank to TPG.  TPG takes out the $34.99 and then sends the tax returns on to the route and account the user provided.  (By the way, if you look at ALL the forms created by Turbotax as part of your return, if you have opted to have this done, you have created and agreed to a 4 page contract.  Bet you didn't know that.)

In this case, the route and account entered by Turbotax had no relationship to my acquaintance.  After many inquiries the net is:  TPG says then received the IRS refund, processed it, and sent the money on to the route and account number.  The route number was to Chase Bank in Illinois.  But, it turns out that the account number is not recognized by Chase. Chase did not receive the money.  It should have been rejected by Chase back to TPG.   TPG has washed there hands of the whole thing- they sent a form "findings" letter saying Chase has the money.  Turbotax has been giving a royal run around.  The individuals I talk to each time I call seem very helpful, but nothing happens.

More to come... But the takeaway is to not do direct deposit through Turbotax, especially if you opt to take funds out of the federal refund to pay for the state efiling.  Something is wrong with the process!  Fraud?  Faulty programming?  

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