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Mei Wong

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Just a heads up - make sure you're also considering any potential late filing penalties for these prior year 1099 NECs. The penalty ranges from $50 to $280 per form depending on how late they are and whether the IRS considers it intentional disregard. If you have a reasonable cause for filing late, include a statement explaining the circumstances. The IRS can waive penalties if you can show reasonable cause for not filing on time.

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Is there any way to request a penalty waiver proactively or do you just wait to see if they assess penalties and then appeal?

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Carmen Lopez

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For the 1099 NEC forms, you can also check with local office supply stores like Staples or OfficeDepot - they sometimes carry prior year tax forms in stock, especially during tax season. I found 2021 forms at my local Staples last year when I was in a similar situation. Regarding penalties, if you're filing these 1099s now for 2021 and 2022, you're definitely looking at late filing penalties. However, since your contractor already reported the income on their tax returns, this works in your favor for penalty abatement. The IRS is more lenient when the income was properly reported by the recipient even if the 1099 was filed late. When you submit the forms, include a letter explaining that this is your first time filing 1099s as a small business owner, you've been working to get compliant, and the recipients have already properly reported the income. This reasonable cause explanation can help reduce or eliminate penalties. Also, double-check that you actually need to issue 1099 NECs - you only need them if you paid $600 or more to non-corporate contractors during the tax year. If your contractor was incorporated, you generally don't need to issue a 1099 NEC at all.

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This is really helpful advice, especially about checking if the contractor was incorporated! I've been assuming I need to file 1099s for everyone, but now I'm wondering if some of my contractors might have been LLCs or corporations. Is there an easy way to verify this retroactively for 2021-2022? I have their business names and EINs from when I paid them, but I'm not sure how to check their corporate status from those years. Some of these businesses might have changed their structure since then. Also, the penalty abatement letter is a great idea. Should I send one letter covering both tax years or separate letters for each year's filings?

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Luca Russo

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Stupid question maybe but do the rules change if you have a multi-member LLC instead of single-member? My partner and I just formed one and now I'm confused about quarterly payments.

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Ravi Patel

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Not a stupid question at all! For multi-member LLCs, the default classification is a partnership for tax purposes (unless you elect corporate taxation). The LLC itself will file an information return (Form 1065), but the LLC doesn't pay taxes directly. Instead, each member receives a Schedule K-1 showing their share of profits/losses, and each member makes their own individual quarterly estimated tax payments using their personal SSN on Form 1040-ES. The EIN is used for the partnership's information return and other business filings, but not for the actual tax payments which remain the individual responsibility of each member.

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AstroAce

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This is such a common source of confusion for new LLC owners! I went through the same thing when I started my consulting business. The key thing to remember is that even though you got an EIN (which was smart for banking and other business purposes), your single-member LLC is what the IRS calls a "disregarded entity" by default. This means for tax purposes, it's like the LLC doesn't exist - all the income and expenses flow through to your personal tax return on Schedule C. So when you make quarterly estimated payments, you're essentially making payments toward your personal income tax liability (including self-employment tax), which is why you use your SSN on Form 1040-ES. Your EIN is still valuable though! You'll need it for business banking, if you ever pay contractors over $600 (for 1099 reporting), and potentially for state tax filings depending on where you're located. Just remember: EIN for business stuff, SSN for your actual tax payments to the IRS.

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Tony Brooks

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This is really helpful, thank you! I'm also a new LLC owner and was totally confused about this. One follow-up question - when you say the EIN is useful for "state tax filings depending on where you're located," can you elaborate on that? I'm in California and wondering if I need to do anything different at the state level even though I'm using my SSN for federal quarterly payments.

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Oliver Weber

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Great question about California! Yes, California has some specific requirements for LLCs that are different from federal rules. Even though your LLC is disregarded federally, California treats all LLCs as separate entities for state tax purposes. You'll need to file Form 568 (Limited Liability Company Return of Income) annually using your EIN, and you'll owe California's annual LLC tax of $800 minimum, plus additional fees based on gross receipts if you exceed certain thresholds. For quarterly estimated payments to California, you'd typically use Form 540ES with your SSN since the LLC income flows through to your personal California return (Form 540). So essentially: Federal quarterlies use your SSN on Form 1040-ES, California quarterlies use your SSN on Form 540ES, but you still need that EIN for the annual LLC filing (Form 568) to California. Each state handles LLCs differently, so it's always worth checking your specific state's requirements!

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As a tax preparer who's seen this exact scenario play out many times, I want to emphasize something that's been touched on but deserves more attention: the IRS has gotten much more sophisticated at detecting these patterns through automated systems. What you're describing - transferring assets just under the Kiddie Tax threshold to multiple children followed by quick sales - is essentially a textbook example of what their algorithms flag for review. Even if everything is technically legal, you're setting yourself up for scrutiny that's just not worth the minimal tax savings. I've had three clients in the past two years who tried variations of this strategy. All three ended up spending more on professional fees during their audits than they saved in taxes. The IRS agents specifically mentioned that custodial account activity is one of their focus areas right now. If you're really looking to reduce your tax burden while helping your kids, consider more straightforward approaches: 529 plans (as mentioned), direct educational expense payments (which don't count against gift limits), or even just holding the investments until you qualify for long-term capital gains rates. Sometimes the most boring strategy is also the smartest one.

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This is really eye-opening information about the IRS algorithms flagging these patterns. As someone new to this community, I'm wondering - are there any other "clever" tax strategies that seem legitimate on the surface but are actually red flags for audits? It sounds like the key takeaway is that if something feels like you're trying to outsmart the system, it's probably not worth the risk. The peace of mind from using established, IRS-approved methods like 529 plans seems much more valuable than saving a few hundred dollars while risking an audit. Thank you to everyone who shared their real experiences - both the successes and the cautionary tales. This thread has been incredibly educational for someone just starting to think about tax optimization strategies.

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Zane Gray

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New member here, but this discussion has been incredibly valuable as I was considering a very similar strategy for my two kids. The warning about IRS algorithms specifically flagging custodial account patterns is exactly what I needed to hear. I'm curious about one thing that hasn't been fully addressed - for those who mentioned 529 plans as the better alternative, are there any downsides to be aware of? I know the money has to be used for qualified education expenses, but what happens if my kids decide not to go to college or get full scholarships? Also, @CosmicCruiser mentioned that direct educational expense payments don't count against gift limits - could you elaborate on how that works? Does that mean I could pay tuition directly to the school without it counting against the annual gift tax exclusion? Thanks for saving me from what would have clearly been a mistake. Sometimes the "too good to be true" strategies really are just that.

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I went through something similar last year with about $8k in back taxes from some 1099 work. After doing a ton of research, I ended up handling it myself and it was way easier than I expected. The key thing is to not panic - the IRS actually wants to work with you if you're proactive. I called their main number early in the morning (around 7 AM when they opened) and got through in about 45 minutes. The agent was actually really helpful and walked me through setting up a 60-month payment plan. One thing I learned is that you can request "first-time penalty abatement" if you've been compliant in previous years. This can wipe out a big chunk of the penalties (not the actual tax owed, but the penalty fees). For me, this saved about $1,200. My advice: try the DIY route first. If you get stuck or overwhelmed, then consider getting help. But for a straightforward situation like yours, you can probably handle it yourself and save thousands in fees.

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This is really encouraging to hear! I've been so stressed about this whole situation, but your experience makes it seem much more manageable. I had no idea about the first-time penalty abatement - that could save me a lot of money too since I've been filing on time for years before this mess. Quick question - when you called at 7 AM, was that their regular customer service line or a specific tax debt line? I want to make sure I'm calling the right number to get someone who can actually help with payment plans. Also, did you need to have all your financial information ready when you called, or could you set up the payment plan first and provide details later?

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I called the main IRS customer service line (1-800-829-1040) - they can handle payment plan setups directly. The key is calling right when they open at 7 AM because that's when you have the best chance of getting through without waiting hours. You'll want to have your basic financial info ready - monthly income, essential expenses, and any bank account info for setting up automatic payments. They don't need every detail upfront, but having a general idea of what you can afford monthly helps them set up a realistic plan. Also make sure you have your tax returns and any IRS notices handy when you call. The agent will need your SSN and some info from your notices to pull up your account. The whole process took about 30 minutes once I got through to someone. One tip: if you get disconnected or the agent can't help for some reason, ask for a reference number so the next person you talk to can see notes about your call. Saved me from having to start over completely.

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Connor Byrne

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I went through a very similar situation about 18 months ago - owed around $14k from some consulting work where I messed up the quarterly payments. The stress and panic you're feeling is totally normal, but honestly the IRS is much more reasonable than those scary letters make it seem. I initially got quotes from three different tax resolution companies and they ranged from $3,500 to $6,200 just for their fees. One place literally told me they could "probably" get my debt reduced to $2,000 but couldn't guarantee anything. When I pressed them on specifics, it became clear they were just going to submit the same forms I could do myself. Instead, I ended up going the DIY route and it saved me thousands. Set up a 72-month payment plan directly through the IRS website for about $205/month. The whole process took maybe 30 minutes online, and I didn't have to deal with any pushy salespeople or worry about getting scammed. The reality is that for most people with straightforward tax debt like yours, those expensive services just aren't worth it. The IRS has gotten much better about working with taxpayers who are proactive about resolving their debt. Save your money and try handling it yourself first!

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This is exactly what I needed to hear! I've been losing sleep over this situation and those resolution company ads were making me think I needed to pay thousands just to talk to the IRS. Your experience with the online payment plan sounds so much simpler than I expected. Quick question - did you run into any issues with the $205/month payment amount? I'm trying to figure out what would be reasonable for my situation. Also, did you have to provide a lot of financial documentation upfront, or was it pretty straightforward to get approved for the plan? I'm definitely going to try the DIY route first after reading everyone's experiences here. Sounds like I could save myself a ton of money and stress by just being proactive about it.

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Jamal Wilson

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I see you have both an 810 freeze and 570 pending action code - that's a double hold situation that unfortunately means your refund is stuck until the IRS completes their review. The good news is your credits are already calculated and scheduled to post on 4/16-4/17, so once the review clears, your refund should process quickly. With the EIC and those credit amounts, the IRS is likely doing income verification. Keep checking your transcript weekly for a 571 code (which releases the 570) or any updates to the 810 freeze. The wait is frustrating but your refund isn't lost, just delayed while they verify everything matches up.

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I've been through this exact situation before! The combination of codes 810 and 570 means your return is in what we call "manual review status." The IRS flagged it for additional verification - likely because of the substantial EIC and credits totaling over $14,000. Here's what helped me during my wait: 1) Check your transcript every Friday morning when they update, 2) Don't call the IRS unless it's been over 120 days from your 570 date (they'll just tell you to wait), and 3) Make sure all your documents are ready in case they send a correspondence requesting verification. The timeline is typically 6-16 weeks from the 570 date for EIC reviews. Your cycle code suggests you should see movement by late April/early May. I know the wait is brutal, but hang in there - once it clears, you'll get your full refund amount!

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Javier Cruz

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This is super helpful, thank you! Question about checking the transcript - do you recommend checking on IRS.gov or is there a better way to monitor for updates? Also, did you end up getting any correspondence from the IRS during your review or did it just update automatically on the transcript? I'm trying to figure out if I should be watching my mail too šŸ“¬

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