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Thais Soares

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This is such a helpful thread! I'm actually going through the exact same situation right now. Based on all the discussion here, it sounds like the consensus is that FSA limits are indeed per employer, but many HR departments don't realize this or have internal policies that override it. I'm planning to approach my new employer's HR with the IRC Section 125(i) reference and IRS Information Letter 2016-0077 that several people mentioned. It's frustrating that something this important isn't clearly spelled out in the main IRS publications, but at least now I have the right citations to make my case. One question I have - for those who successfully convinced their HR departments to allow the full contribution, did you face any pushback during tax season or audits? I want to make sure I'm not setting myself up for problems down the road, even if the IRS technically allows it.

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Great question about potential audit issues! I've been contributing to multiple FSAs per year for the past three years now (due to job changes) and haven't had any problems with the IRS. The key is keeping good documentation - I save all my enrollment forms, contribution records, and receipts from both employers. From what I understand, the IRS audit risk comes from improper use of FSA funds, not from having multiple FSAs. As long as you're using the money for qualified medical expenses and can document everything properly, you should be fine. The fact that multiple people here have confirmed this is allowed under the tax code gives me confidence it's legitimate. Just make sure to track your total contributions across all employers for your own records, even though the IRS doesn't require you to coordinate between them. And definitely keep those IRC Section 125(i) and Information Letter 2016-0077 references handy in case you ever need to explain the situation!

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CyberNinja

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I'm dealing with this exact situation right now and wanted to share what I found after doing extensive research. The confusion seems to stem from the fact that while the IRS allows separate FSA limits per employer, many payroll systems and HR departments aren't set up to handle this properly. I ended up contacting my tax attorney who confirmed that FSA contribution limits are indeed per Section 125 Cafeteria Plan, which means per employer. The key insight is that the $3,200 limit (for 2024) is placed on what each employer can allow you to contribute through their plan, not on your total annual contributions across all employers. However, there's a practical consideration here - make sure you can actually use all the FSA money. I learned this the hard way when I had to scramble to spend down $1,800 before year-end after switching jobs mid-year. The "use it or lose it" rule doesn't care how many employers you had. For anyone trying to convince their HR department, I found that referencing Treasury Regulation 1.125-5 alongside IRC Section 125(i) was most effective. It clearly states that each employer's cafeteria plan is separate and subject to its own limits. Good luck!

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This is really helpful, especially the Treasury Regulation reference! I'm curious about the practical side you mentioned - when you had to scramble to spend down the remaining FSA money, what kinds of eligible expenses did you end up using? I'm worried about ending up in the same situation if I do manage to convince my new employer to allow the full contribution. Were you able to find enough qualifying medical expenses, or did you have to get creative with things like OTC medications and supplies?

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Micah Trail

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My company did this to me last year. Turned out they had me listed as living in Nevada (no state income tax) when I actually live in California (big state income tax). Had to pay almost $3k at tax time. Make sure u check ur address on file with HR!!

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Nia Watson

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This happened to me too! But mine was a WFH situation where I moved to a different state and my employer kept withholding for my old state. Such a mess to untangle.

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This is definitely stressful but you're not alone - this happens more often than you'd think! The empty state tax box does mean no state taxes were withheld all year. First thing I'd do is check your final paystub from 2024 to confirm the year-to-date state withholding shows $0.00. A few things to consider: 1) Double-check that your employer has your correct home address on file - sometimes they withhold for the wrong state or no state if there's an address mix-up, 2) Look into whether your state offers any payment plan options if the amount is large, 3) Definitely get this fixed with payroll ASAP for 2025 so you don't face this again. Also worth noting - if this was your employer's error and not something you requested, you might be able to avoid underpayment penalties by explaining the situation to your state tax department. Document everything in case you need to appeal any penalties later!

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Thais Soares

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Thanks for the detailed breakdown! I'm curious about the underpayment penalty part - how do you actually go about explaining this to the state tax department? Do you need specific documentation from your employer saying it was their mistake, or is showing the W-2 with the empty box usually enough proof that nothing was withheld?

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Nia Wilson

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Quick question - has anyone dealt with selling shares that are held in an LLC taxed as an S-Corp? I'm getting conflicting advice on whether the installment method can be used in that scenario.

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Omar Farouk

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Yes, you can use the installment method when selling shares of an S-Corporation. The key is that you're selling your ownership interest, not assets inside the company. The installment method works for most capital assets, including S-Corp shares. Report it on Form 6252 and then carry the information to Schedule D.

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Nia Wilson

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Thanks, that's really helpful. My accountant mentioned something about "hot assets" potentially complicating things, but sounds like that's more relevant to partnership sales rather than S-Corp stock?

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NebulaNinja

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This is a great question that many people don't realize until they're in the middle of it! One important thing to add to the excellent advice already given - make sure you keep detailed records of ALL payments as they come in throughout the year. Create a simple spreadsheet tracking each payment date, amount, and which milestone it corresponds to. Also, consider setting aside 25-30% of each payment for taxes (depending on your tax bracket). Since you're receiving money throughout the year, it's easy to spend it and then get hit with a big tax bill. I learned this the hard way with my first installment sale - ended up scrambling to find cash for quarterly estimated payments. One more tip: if any of your original shares qualify for QSBS (Qualified Small Business Stock), you could potentially exclude up to $10 million or 10x your basis from federal taxes. Definitely worth checking if your company was a C-Corp with gross assets under $50 million when the stock was issued.

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This is incredibly helpful advice, thank you! The 25-30% savings tip is something I definitely wouldn't have thought of. Quick question - when you mention QSBS qualification, how do I find out if my shares qualify? Is there specific documentation I should be looking for from when I originally received the shares? I got mine about 8 years ago as part of an early employee package, so I'm not sure what records I still have from back then.

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Dmitry Volkov

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Military spouse here! Step 1: Calculate your taxes both ways before deciding. We did MFS last year because my husband was deployed to a combat zone (tax-free income) while I had regular taxable income. Step 2: Document who paid what - we keep separate accounts for this reason. Step 3: If using MFS, each claim your portion of mortgage interest on Schedule A. Step 4: File before the April 15th deadline - it's coming up fast! The mortgage interest split was actually straightforward on our tax software. Just had to enter the 1098 information and then specify what percentage each person paid.

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Zoe Dimitriou

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One more question - did you both itemize deductions, or did one of you take the standard deduction? I'm trying to figure out if it's worth itemizing for just the mortgage interest.

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Josef Tearle

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@Dmitry Volkov No issues with the IRS at all! We just kept good records showing our joint account statements and documented that we split everything 50/50. For your other questions @Zoe Dimitriou - we both had to itemize since you can t'mix standard and itemized when filing MFS. We didn t'submit extra documentation with our returns, but kept everything in case of questions later. The combat zone exclusion really made MFS worth it for us - saved about $2,400 compared to MFJ. Just make sure to run both scenarios through your tax software first!

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Great question! As a military family myself, I can confirm you absolutely can file separately with a joint mortgage. The key is documenting who actually paid the mortgage interest. Since you're both on the loan, you'll split the 1098 interest based on actual payments made. If paying from a joint account, it's typically 50/50 unless you can prove otherwise with bank records. For military families, MFS can make sense in several scenarios: different state residency situations during PCS moves, combat pay exclusions, income-based student loan repayments, or when one spouse has significant miscellaneous deductions. However, remember both spouses must choose the same deduction method (both standard or both itemize). I'd strongly recommend calculating both MFJ and MFS scenarios before deciding. Military-specific tax software like FreeTaxUSA Military or TurboTax Military can help you compare both filing statuses easily. Also consider consulting with a tax professional who understands military tax situations - many bases offer free tax prep services that are familiar with these complexities.

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This is really helpful! I'm new to military tax situations and had no idea about the combat pay exclusion benefits. Quick question - when you mention "both spouses must choose the same deduction method," does that mean if I itemize to claim the mortgage interest, my husband also has to itemize even if his deductions are minimal? Also, are there any specific forms or documentation we should keep beyond just the bank statements showing joint account payments?

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Miguel Silva

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Be careful about calculating your exact gain! I made a huge mistake when selling my house last year. Your gain isn't just (selling price - purchase price). The actual formula is: Selling price - Selling expenses (realtor fees, etc.) - Purchase price - Purchase expenses (closing costs you paid when buying) - Capital improvements during ownership = Your actual gain I initially thought I had a $280k gain after the exclusion, but after properly accounting for $12k in selling costs, $8k in purchase costs, and about $65k in documented improvements, my taxable gain was only $195k. That saved me thousands in both capital gains tax and NIIT!

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This is such good advice! I almost made the same mistake. Does anyone know if regular maintenance counts as capital improvements? Like replacing a water heater or fixing the roof?

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Oscar O'Neil

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Great question! Generally, regular maintenance like fixing a broken water heater or patching a roof leak doesn't count as a capital improvement - those are just repairs to maintain the property's current condition. However, if you completely replaced the roof or upgraded to a high-efficiency HVAC system, those would typically qualify as capital improvements since they add value or extend the property's useful life. The IRS distinction is whether it's a repair (maintaining current condition) versus an improvement (adding value/extending life). Keep detailed records either way - sometimes the line can be blurry and it's worth discussing with a tax professional!

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Paolo Rizzo

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Thank you everyone for this incredibly detailed discussion! As someone who's been stressing about this exact situation, this thread has been a goldmine of information. I want to emphasize something that Miguel mentioned about calculating your actual gain - I see so many people (including myself initially) making the mistake of thinking it's just selling price minus what you paid. The reality is that your basis includes not just your original purchase price, but also: - Closing costs when you bought - Major capital improvements (kitchen remodels, new roofs, HVAC systems, etc.) - Selling expenses (realtor commissions, title fees, etc.) I've been keeping a spreadsheet of all my home improvements over the years, but after reading this thread I realized I forgot about my original closing costs from 9 years ago. Just found those documents and it's another $7,200 I can add to my basis! For anyone in a similar situation, I'd strongly recommend gathering ALL your documentation before panicking about the tax implications. Between the $250k/$500k exclusion and properly calculating your actual basis, your taxable gain might be much lower than you initially think. Also planning to try that taxr.ai tool that Giovanni and Dylan mentioned - seems like it could help me organize all this information properly before I meet with my tax preparer.

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Luca Greco

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This is such a helpful summary, Paolo! I'm actually in the early stages of considering selling my home next year and had no idea about including original closing costs in the basis calculation. That's potentially thousands of dollars I could have overlooked. One thing I'm curious about - when you mention keeping a spreadsheet of home improvements, do you also keep all the actual receipts and invoices? I've done some major work over the years but I'm worried I might not have kept all the documentation. How detailed do the records need to be for the IRS? Also, has anyone here actually been audited on a home sale? I'm wondering how thorough they get with verifying improvement costs and whether estimates or partial documentation would be acceptable in some cases.

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