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EIC calculation discrepancy with IRS notice - self-employment impact on Earned Income Tax Credit

Hey everyone, I need some advice on our earned income tax credit situation. My husband and I file jointly and have one daughter. We're both self-employed - I run an S-Corp I started in 2024, and he works as an independent contractor. My business showed a loss this year due to all the startup expenses. We just got this CP11 notice from the IRS saying we messed up our EIC calculation and now owe the difference. According to both FreeTaxUSA and the IRS's own tables, our EIC amount should be $3,451, but the IRS is claiming it should only be $2,268. So they're asking for $1,183 plus penalties! We called the IRS but got nowhere - they suggested maybe we didn't include Schedule EIC, but we definitely did. They also hinted that maybe our business loss is affecting the calculation somehow? I talked to two tax pros but got contradicting information. Here's our tax breakdown: - Our AGI was $31,068 - My husband's business profit: $42,743 - My business loss: $-8,254 - No W-2 wages for either of us - Some minor interest income ($285) and dividends ($47) - Total business income: $34,489 - Capital loss: $-417 - Self-employment tax deduction: $2,958 - Self-employment health insurance: $378 - Standard deduction: $27,700 - QBI deduction: $664 - Taxable income: $2,704 Has anyone dealt with EIC discrepancies when you're self-employed? I'm completely confused about why our calculation is different from the IRS's.

Nia Jackson

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Since you mentioned S-Corp, make sure you're distinguishing between "distributions" and actual wages for EIC purposes. The IRS only counts W-2 wages for EIC, not distributions from your business. If your tax software counted S-Corp distributions as earned income, that would explain the discrepancy.

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This!!! I made this exact mistake a few years back. My S-Corp had profits that flowed to my personal return, but since I didn't pay myself W-2 wages, I wasn't eligible for as much EIC as I thought. Took me forever to figure out why my numbers didn't match the IRS.

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This thread has been incredibly helpful! I'm dealing with a similar EIC discrepancy, but mine involves rental income alongside my Schedule C business. The IRS is claiming my EIC should be $800 less than what I calculated. Reading through everyone's experiences, it sounds like the common thread is that tax software doesn't always handle the nuanced EIC calculations correctly when you have multiple income sources or business losses. The distinction between different types of self-employment income (S-Corp vs Schedule C) and how losses are applied seems to be where most of the confusion happens. Has anyone found a good resource that breaks down exactly how the IRS calculates EIC when you have both business income and losses? The IRS publications are so dense, and I'm trying to figure out if I should fight this or if they're actually right.

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Ravi Kapoor

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@Andre Rousseau, you're absolutely right about the complexity! I've been following this thread because I'm in a similar boat with my own EIC issue. The key resource that helped me understand the calculation better was IRS Publication 596 (Earned Income Credit), specifically the worksheets in the back. For rental income combined with Schedule C, you'll want to look at how the IRS treats "passive" vs "active" income for EIC purposes. Rental income typically doesn't count as earned income for EIC unless you're a real estate professional, but your Schedule C income would count (adjusted for any losses). The most frustrating part is that tax software often doesn't flag these nuanced issues during preparation. Based on what others have shared here, it might be worth using one of those analysis tools or getting through to an actual IRS agent to understand their specific calculation before deciding whether to dispute it.

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Ava Harris

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I think everyone is overthinking this! Just enter the info from the W2 and you're fine. The IRS only cares about who paid you and if the correct taxes were withheld. I've worked for like 5 different staffing agencies over the years and never had an issue. That checkbox in H&R Block is probably asking if you're self-employed. Since you got a W2, you're not self-employed, so don't check it. Simple as that!

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Jacob Lee

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This is the right answer. I worked in payroll for years and the company that issues your W2 is your legal employer, period. The client company where you physically work is irrelevant for tax filing purposes.

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I went through this exact same situation last year when I worked for a client through Kelly Services! You're absolutely right to treat Robert Half as your employer for all tax purposes since they issued your W2. The key thing to remember is that from the IRS perspective, you were an employee of Robert Half who happened to be assigned to work at their client's location. This is a completely normal and well-understood employment arrangement. For that checkbox you're seeing in H&R Block - if it's asking about self-employment status, definitely don't check it since you received a W2 (not a 1099). If it's asking something else and you're still unsure, you can always skip it for now and come back to it, or look for a help button that explains what that specific question is asking. Don't stress too much about it - staffing agency employment is super common and the tax software is designed to handle it properly!

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This is really helpful, thank you! I'm actually in a similar situation right now - working through Aerotek but placed at a manufacturing company. I was getting confused because the physical workplace has nothing to do with Aerotek, but you're right that the W2 issuer is what matters for taxes. One thing I'm curious about - did you have any issues with state taxes when you filed? I'm wondering if working in a different state than where my staffing agency is headquartered could complicate things.

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This is exactly the kind of confusing contractor situation that makes tax season a nightmare! I've been dealing with similar reimbursement issues for years. What really helped me was getting everything documented properly - not just keeping receipts, but also creating a paper trail showing that these were legitimate business expenses being reimbursed, not additional income. One thing I learned the hard way: make sure you're consistent about how you handle these expenses year over year. The IRS doesn't like it when contractors flip-flop between claiming expenses as deductions versus treating reimbursements as income. Pick a method and stick with it. In your case, since they're already issuing the 1099-NEC with the reimbursements included, you're pretty much locked into reporting it as income and then deducting the expenses. Also, consider having a conversation with your client about setting up a proper accountable plan for next year. If they require you to submit receipts and reimburse exact amounts, those shouldn't be appearing on your 1099 at all. It might save both of you some headaches down the road.

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Noah Lee

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This is such great advice about consistency! I'm actually dealing with this exact situation for the first time this year and wasn't sure if I should try to get my client to issue a corrected 1099 or just handle it on my end. Sounds like it's probably easier to just report the income and take the deduction rather than fight with the client about their accounting practices. One quick question - when you mention creating a paper trail, do you mean beyond just keeping the parking receipts? Like documenting that these were required business expenses for client work?

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LunarEclipse

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I've been in this exact situation as a contractor and can confirm what others have said - you're essentially stuck reporting the reimbursements as income since they're on your 1099-NEC, but you can deduct the same amounts as business expenses on Schedule C. One thing I'd add is to make sure you're tracking the business purpose for each parking expense. The IRS wants to see that these were legitimate business travel expenses, so I keep a simple log with dates, client visits, and parking costs. It's also worth noting that if you're parking at the airport for business travel, that's generally considered a fully deductible business expense rather than just partial like commuting would be. The frustrating part is that your client should really be handling this differently - reimbursements for documented business expenses shouldn't be showing up on your 1099 at all. But changing their accounting practices mid-year is probably more hassle than it's worth. I'd definitely continue getting reimbursed rather than eating those costs yourself - just make sure you have solid documentation for the deductions.

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Ava Martinez

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This is really helpful context about the business purpose documentation! I've been pretty loose with my record-keeping and just keeping the receipts themselves. So you're saying I should also be noting which client I was visiting and the dates of the business meetings? That makes sense for audit protection. One follow-up question - when you say airport parking is "fully deductible" versus commuting being partial, does that mean I can deduct 100% of the parking cost? I always thought there might be some personal use component since I'm technically driving to/from my home, but I guess if it's required business travel to meet clients, that changes things?

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Emma Morales

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This whole situation is such a mess, but honestly this thread has been a lifesaver! I got the same Venmo notification last week and immediately thought it was some kind of scam. What's really frustrating is how confusing the whole system is - like why is the threshold only $600 when most of us are just using these apps to split dinner bills and pay rent? It feels like they're trying to catch people who don't understand the rules and make them accidentally overpay on taxes. I ended up going through my entire Venmo history (what a nightmare) and realized that probably 90% of my transactions were just friends paying me back for stuff. The few actual "sales" I had were mostly selling old textbooks and clothes for way less than I originally paid, so I'm not even sure if those count as taxable income if I took a loss on them. Has anyone found a good way to organize their records going forward? I'm thinking of setting up a simple system to track this stuff monthly instead of waiting until tax time and having to dig through hundreds of transactions again.

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@Emma Morales I totally feel your frustration! The $600 threshold really does seem designed to catch casual users off guard. For organizing records going forward, I ve'started using a simple Google Sheet with columns for: Date, Amount, Payer, Description, and Category Personal (Reimbursement vs Sale .)At the end of each month, I spend maybe 10 minutes going through my Venmo transactions and categorizing them while they re'still fresh in my memory. Way easier than trying to remember what a $40 payment from 8 months ago was for! And you re'absolutely right about the losses - if you sold those textbooks and clothes for less than you paid, those aren t'taxable gains. The IRS only cares about profit, not total sales amounts. Keep any receipts or records of original purchase prices if you can, just in case you need to prove the loss later.

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Just wanted to chime in as someone who works in tax preparation - this thread has been really helpful for people navigating this confusing situation! A few additional points that might help: **Important clarification on the $600 threshold:** This is for TOTAL payments received, not profit. So even if you sold items at a loss, if the total payments exceeded $600, Venmo may still issue a 1099-K. However, you only pay taxes on actual gains/profit. **Keep receipts when possible:** For items you're selling, try to keep records of what you originally paid. If you sell a $200 textbook for $50, that's actually a $150 loss, not $50 in taxable income. **Form 1099-K vs actual taxes owed:** Getting a 1099-K doesn't automatically mean you owe taxes on that full amount. It just means Venmo reported those transactions to the IRS. You still only report actual business income on your tax return. **Pro tip for next year:** Consider asking friends to use the "personal" payment option when they reimburse you, and reserve "goods and services" for actual sales. Yes, there's a fee for goods/services, but it helps create a cleaner paper trail. The key thing to remember is that the IRS has always required you to report income from selling goods - these new reporting requirements just make it harder to fly under the radar. But legitimate personal reimbursements between friends have never been taxable and still aren't!

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Yara Khoury

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Just wondering - does anyone know if OP will get in trouble with the IRS for this? Like is there a penalty for having the wrong SSN on your W2 even if it wasn't intentional?

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No, there's no penalty for an honest mistake as long as you fix it before filing. The IRS understands that data entry errors happen. The penalties would only come into play if you knowingly filed with incorrect information or if you refused to correct the information when you discovered the error.

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Ryan Vasquez

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I went through this exact same situation about 3 years ago and can confirm what others have said - you're handling it correctly by waiting for the W-2c before filing. One additional tip: when you get your corrected W-2c, make sure to keep both the original incorrect W-2 AND the corrected W-2c in your tax files. The IRS recommends keeping the original for your records even after the correction, just in case there are any questions later. Also, if you're using tax software to file, most programs will automatically detect and flag SSN mismatches when you enter your information, so having the correct W-2c will make the filing process much smoother. Your refund timing shouldn't be affected once you file with the correct documents - I actually got my refund in the normal timeframe (about 2 weeks) even though I filed later than usual that year due to waiting for the correction.

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This is really helpful advice! I'm actually in a similar boat right now with a W-2 error (different issue but same stress level). Quick question - when you say "keep both documents," do you mean physically keep the paper copies or is it okay to just scan them and keep digital copies? I'm trying to go more paperless with my tax records but want to make sure I'm not missing something important about having the physical documents.

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