You need to tell the IRS about your legal name change, and the method depends on whether you file taxes
When you legally change your name through marriage, the IRS will not automatically know. You have to report it yourself. The process is straightforward but the exact steps depend on whether you file a tax return and what documents you already have on file with the agency.
If you file taxes, you must use your legal name on your return. If you do not file taxes but have an Individual Taxpayer Identification Number (ITIN) or Social Security Number (SSN) linked to the IRS, you still need to update your name in their records to avoid mismatches when you do file or when employers report wages under your new name.
Key Takeaways
- If you file taxes, report your name change on your next tax return by entering your new legal name and checking the "name change" box on Form 1040.
- If you do not file taxes but have an SSN or ITIN on record with the IRS, send a signed letter to the IRS with your old name, new name, SSN or ITIN, and date of birth.
- Update your Social Security card first through the Social Security Administration, because the IRS cross-checks records with them.
- Keep a copy of your marriage certificate or court order showing the legal name change, as you may need to show it to employers or financial institutions.
- If you file jointly with a spouse, both of you must use your current legal names on the return.
Update your Social Security record before contacting the IRS
The IRS shares information with the Social Security Administration (SSA), so updating your Social Security record first prevents confusion. Go to your local Social Security office or call 1-800-772-1213 to request a replacement Social Security card with your new name. You will need to bring your marriage certificate or a court order showing the legal name change, plus a photo ID and proof of citizenship or legal residency.
The SSA will issue a new card with your same number but your new name. This typically takes one to two weeks. Once you have the new card, the IRS will eventually receive the updated information through their data-sharing process. However, you should still formally notify the IRS yourself to ensure the change is recorded promptly in their system.
Report the name change on your next tax return
If you file a federal income tax return, the simplest way to update the IRS is to report your name change when you file. On Form 1040 (the main individual income tax return), enter your new legal name in the name field at the top. Just below the name box, there is a checkbox labeled "Name change." Check this box to alert the IRS that the name on this return differs from what they have on file.
The IRS will process the change when they receive and process your return. This method works well if you file every year, because the change is recorded in their system within weeks of filing. If you file jointly with a spouse, make sure both of you use your current legal names on the return.
Send a letter to the IRS if you do not file taxes
If you do not file a tax return but have an SSN or ITIN linked to the IRS (for example, because you received a refund in the past or have a payment plan), send a signed letter directly to the IRS. The letter should include your old name, your new legal name, your SSN or ITIN, and your date of birth. Keep the letter brief and clear.
Mail the letter to the IRS address for your state. You can find the correct mailing address by visiting IRS.gov and searching "IRS mailing addresses," or by calling 1-800-829-1040. Include a copy of your marriage certificate or court order as proof of the legal name change. The IRS will process the change within a few weeks of receiving the letter.
What to do if you have a payment plan or owe back taxes
If you have an active payment plan with the IRS or owe back taxes, report your name change through the same methods above, but also call the IRS directly at 1-800-829-1040 to notify them verbally. This ensures the change is recorded in their payment tracking system right away and prevents confusion if a payment arrives under your old name.
Provide the representative with your old name, new name, SSN, and the tax year or years involved. They will update your account on the spot. You do not need to wait for your next tax return or a mailed letter to be processed; the phone call creates an immediate record.
Update your name with your employer and financial institutions
Once you have changed your name with the Social Security Administration and notified the IRS, tell your employer's payroll department about the change. Provide them with a copy of your marriage certificate or court order. Your employer will report your wages to the IRS under your new name starting with the next pay period, and this must match the name on your tax return.
Also update your name with your bank, investment accounts, mortgage lender, and any other financial institutions. While this is not directly required by the IRS, mismatches between the name on your return and the name on 1099 forms (wage statements, interest income, etc.) can trigger IRS notices and delays in processing your return or refund.
What happens if you file under the wrong name
If you file a tax return under your old name after legally changing it, the IRS will likely match it to your SSN and process it correctly. However, if your employer has already reported your wages under your new name, there will be a mismatch. The IRS will send you a notice asking you to clarify, and your refund may be delayed while they investigate.
To avoid this, always file under your current legal name and check the "name change" box on Form 1040. If you realize you filed under the wrong name, you can file an amended return (Form 1040-X) using your correct legal name. The amended return will correct the record and prevent future confusion.
Frequently Asked Questions
Do I have to change my name with the IRS if I do not file taxes?
If you do not file taxes and have no SSN or ITIN on record with the IRS, you do not need to contact them. However, if you have filed in the past or received a refund, your name is in their system and you should update it to prevent mismatches when you do file in the future.
Can I file my tax return under my old name and then change it later?
You can, but it is not recommended. File under your current legal name and check the "name change" box. If you file under your old name, the IRS may delay processing your return while they verify the name matches your SSN. An amended return (Form 1040-X) will correct it, but that adds time and complexity.
How long does it take the IRS to process a name change?
If you report the change on your tax return, it is processed when the IRS processes your return, usually within two to three weeks of filing. If you send a letter, allow four to six weeks. If you call, the change is recorded immediately in their system, though it may take a few days to appear in all their databases.
What if my spouse and I file jointly but only one of us changed names?
Both of you should use your current legal names on the joint return. If only one spouse changed names, check the "name change" box next to that spouse's name. The IRS will update both records accordingly.
Do I need to send my marriage certificate to the IRS?
You do not need to send it with your tax return if you check the "name change" box on Form 1040. However, if you send a letter to the IRS reporting the change, include a copy of your marriage certificate or court order as proof. Keep the original for your records.