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Received IRS Notice CP162A - Need help with penalty options!

I just got an IRS Notice CP162A for "Failure to File Penalty" and I'm really freaking out about what to do next. Tax Period: 9/30/22 Amount Due: $2250.00 Notice Date: 5/12/23 So here's what happened - I filed my Partnership 1065 form on February 22, 2022, which was well before the deadline. I sent it through regular mail (USPS) but didn't get tracking on it (big mistake, I know). Just yesterday my aunt forwarded me this notice from my old address. I'm pretty sure the IRS never received my filing and it got lost somewhere in the mail system, but I have no official proof of mailing. I still have the original tax return saved on my laptop with a "last modified" date of 2/23/22. Some details that might be relevant: - I have the saved tax return with that February date - My credit card statement shows a USPS charge from the next day - I used H&R Block software to prepare the return - I marked this as a Final Return when I e-filed for 2022 tax year (did that in March 2023) - This is the first penalty I've ever received for this LLC - I've moved from the address where they sent the notice My financial situation is really tight right now. There's absolutely no way I can pay a $2250 penalty, especially since the return showed zero activity (the LLC has been inactive since 2020 and is now closed). The business has zero income, and I'm personally only making about $1800 a month while my expenses are around $2900. My boyfriend helps with the rest of our bills. I'm honestly terrified about what to do. If I have to pay this, I could end up without housing. Any advice would be so appreciated.

I just wanted to add one more practical tip that helped me when I was in a similar situation - when you call the IRS tomorrow, have a pen and paper ready to write down EVERYTHING. Get the representative's name, their ID number, the date and time of your call, and any confirmation numbers they give you. Also, if they approve your first-time penalty abatement on the call, ask them to email you a confirmation if possible, or at minimum ask when you can expect to receive written confirmation in the mail. Sometimes there can be delays in the written confirmation, so having detailed notes from your call becomes really important. One thing that really helped me stay calm during my call was remembering that the IRS representatives deal with penalty abatement requests all day long - this is routine for them, even though it feels huge and scary to you. They have the tools and authority to resolve your situation, and given your clean compliance history, you're exactly the type of case they're designed to help. Your evidence is actually stronger than you think - that saved return with the February timestamp combined with the USPS charge creates a clear timeline that supports your story. Even if the mail got lost, you clearly made a good faith effort to file on time. You're going to get through this! Update us after your call - I think you'll be pleasantly surprised by how smoothly it goes. šŸ™‚

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Sergio Neal

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This is such practical advice! I've been reading through everyone's responses and feeling so much more prepared, but you're absolutely right about having pen and paper ready. I can imagine being so nervous during the call that I might forget important details like confirmation numbers or the rep's ID. The point about asking for email confirmation is really smart too - I wouldn't have thought to ask for that, but having something immediate rather than waiting for mail would definitely give me peace of mind while I wait for the official written notice. Your reminder that this is routine for IRS representatives is really comforting. It's easy to forget that what feels like a crisis to me is probably just another Tuesday for them. That perspective shift helps me feel less like I'm asking for a huge favor and more like I'm just following a normal process. Thank you for pointing out that my evidence is stronger than I think - sometimes when you're stressed about something, you focus on what you don't have (like tracking info) instead of what you do have (the timestamped return and USPS charge). You're right that those create a clear timeline of good faith effort to comply. I'll definitely take detailed notes during the call tomorrow and will come back to update everyone. This community has been absolutely incredible - I went from feeling completely panicked to feeling confident and prepared. Thank you so much! 😊

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Nia Thompson

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I can really feel the stress you're going through right now, but honestly, your situation sounds very solvable! As someone who works with tax compliance issues regularly, I think you actually have several strong angles to get this penalty completely removed. Your biggest advantage is that clean compliance history - first-time penalty abatement has something like a 90%+ approval rate for taxpayers who qualify, and you clearly do. The IRS created this program specifically for situations like yours where someone made an honest mistake after years of proper compliance. The evidence you have is actually better than you realize. That February-dated saved return combined with the USPS charge the next day tells a very clear story of timely filing attempt. I've seen cases with much weaker evidence get approved for reasonable cause abatement. Here's my suggested game plan: 1. **Call ASAP** - Use the number on your notice and ask specifically for "first-time penalty abatement" or "FTA" 2. **If they need more info** - Mention you have evidence of timely mailing (your saved return and USPS receipt) 3. **Emphasize hardship** - Your income vs expenses situation likely qualifies you for Currently Not Collectible status as backup protection The key thing is don't let anxiety paralyze you into inaction. Every day you wait is another day of stress you don't need. The IRS has dealt with thousands of lost mail situations - you're not asking for anything unusual or unreasonable. You mentioned you're terrified about housing - I can promise you that won't happen over this. The IRS has extensive hardship protections, and your financial situation clearly qualifies for relief programs. Take a deep breath, make that call tomorrow morning, and come back to update us. I'm confident you're going to get good news! 🌟

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KhalilStar

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Do tax software programs like TurboTax handle trust filings like 1041? This all seems really complicated.

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TurboTax does have capabilities for 1041 forms but it's in their higher-tier packages. I personally found it confusing for trust stuff - the questions aren't always clear for trust situations. H&R Block's premium version handled my mom's trust better than TurboTax did.

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Aaron Boston

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I went through something very similar when my father passed and left a trust with just one property. The 1041 filing seems scary but it's actually pretty straightforward for simple trusts like yours. Since you're both executor and sole beneficiary, and the trust only holds the farmhouse, your 1041 will likely be quite basic. Here's what I learned: 1. You absolutely must file even if there's zero income - the IRS expects it once you have an EIN 2. Property taxes you paid are fully deductible on the 1041 3. Any maintenance or repairs you paid for are also deductible 4. Don't worry about the sale yet - you only report it in the tax year it actually closes For documentation, your bank statements showing property tax payments will be sufficient. The IRS understands that family trusts don't always have perfect recordkeeping. One tip: if you're really pressed for time, you can file for an extension (Form 7004) which gives you an extra 5.5 months. This might be worth considering given your tight deadline and the complexity of selling the property. The key is not to panic - simple trusts like yours are much more common than you think, and the IRS forms are designed to handle basic situations.

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Liam Mendez

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This is exactly the kind of practical advice I needed to hear! The extension option with Form 7004 is something I hadn't considered - that could really take the pressure off while I'm dealing with the property sale. Quick question about the deductions you mentioned - if I paid for things like lawn maintenance or minor repairs to keep the property presentable for sale, are those typically deductible on the 1041? I have receipts for some landscaping work and a few small fixes but wasn't sure if they'd qualify. Also, did you end up needing professional help or were you able to handle the filing yourself? I'm trying to decide if I should bite the bullet and hire someone given the time crunch.

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Naila Gordon

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Bruh michigan needs to get it together fr fr. Every year its sum new bs 🤮

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Aisha Ali

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Having the same issue here! Was expecting my Michigan refund on Friday but nothing showed up. Called twice and got the runaround both times. At least now I know it's not just me - thanks for posting this. Hopefully they get their act together soon because I really needed that money this week 😤

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Concerned my tax accountant might be lying about filing extension & penalty abatement request

I'm in a really strange situation and could use some advice. For context, I've been running my small business for about a decade now. Last year after filing my 2022 taxes, I got hit with a massive penalty bill for late payment. I was totally confused since my accountant told me he had filed in April and requested an extension. According to him, the penalty was because I hadn't been paying quarterly taxes for my business, but he said he would file an abatement request to get it removed. Fast forward six months, and I'm still getting increasingly threatening notices from both the IRS and state tax authority about seizing my property if I don't pay up. My accountant kept reassuring me that the abatement was "just taking time to process" and even sent me a copy of the abatement request dated from when he claimed to have submitted it. Today I finally called the IRS directly (should've done this way sooner). They told me: 1) the penalty is for late filing, not quarterly taxes, 2) no extension was EVER filed, and 3) my taxes weren't actually filed until June 6th, not April like my accountant claimed. The biggest bombshell? They have zero record of any abatement request. There have been other red flags too. My accountant left H&R Block two years ago to go independent, and things have been chaotic since. This past April, he completely ghosted me while I was waiting for my return to be filed. Only after sending increasingly panicked emails did he resurface on April 15th and supposedly file on time. He's insisting he did submit both the extension and abatement request, blaming the IRS for being disorganized. He claims he can't prove he filed the abatement (though he sent me a letter dated November), but says he can prove the extension was filed (though hasn't shown me anything). The penalties are over $13,000 combined between state and federal taxes. Is it actually possible the IRS missed both an extension request AND an abatement request? What should I do here? Am I being lied to? Really appreciate any guidance. This whole situation has me extremely stressed out.

Ava Martinez

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I'm really sorry you're going through this - it's such a violation of trust when a professional you rely on isn't honest with you. Based on everything you've described, I agree with the other commenters that your accountant appears to be lying. One thing I haven't seen mentioned yet: you should document everything immediately while it's still fresh. Write down all the dates your accountant told you things were filed, save every email and text message, and keep copies of any documents he provided (even the suspicious ones). This documentation will be crucial if you decide to pursue malpractice claims or file complaints with regulatory bodies. Also, since you mentioned this is affecting both federal and state taxes, make sure you're addressing both separately. State tax authorities often have their own penalty abatement programs, and the process might be different from the federal IRS abatement. The $13,000 in penalties is substantial enough that you might want to consult with a tax attorney who specializes in penalty abatement cases. Many offer free consultations and can quickly assess whether you have grounds for both penalty relief and potential recovery from your accountant's errors or omissions insurance. Don't let this drag on any longer - every day those collection notices get more serious, and your options may become more limited.

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This is excellent advice about documenting everything. I'd also suggest taking screenshots of any online portals or software your accountant may have shown you, even if they seemed legitimate at the time. Sometimes dishonest preparers will create fake "submission confirmations" or modify legitimate software interfaces to make it look like filings went through when they didn't. Another red flag I noticed from your original post - the fact that your accountant "completely ghosted" you during tax season and only resurfaced on April 15th is extremely unprofessional. Legitimate tax professionals don't disappear during their busiest time of year, especially when clients are depending on them for timely filings. Given the serious financial impact here, I'd definitely recommend consulting with a tax attorney as Ava suggested. Many states also have victim compensation funds for clients harmed by professional misconduct, and you may be able to recover some of your penalty costs if you can prove negligence or fraud.

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Diego Rojas

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This situation is unfortunately more common than you'd think, and I'm sorry you're dealing with such a stressful mess. Based on your description, your accountant's story has way too many holes to be credible. Here's what you should do immediately: 1. **Get your IRS transcripts** - As others mentioned, request your account transcripts online or by phone. These will show definitively whether any extension or abatement request was filed. Look for transaction codes 460 (extension) and 971 (abatement request received). 2. **Stop all communication with your current accountant** until you verify what actually happened. Don't let him know you're investigating - just tell him you need time to review everything. 3. **File your own abatement request NOW** using Form 843. Even though time has passed, you can request First Time Penalty Abatement if you have a clean compliance history for the three years prior to this penalty. In your explanation, be clear that you relied on professional advice and believed the proper filings had been made. 4. **Consider reasonable cause abatement** - The IRS recognizes "reliance on erroneous advice from a tax professional" as reasonable cause for penalty relief, but you'll need to show you provided all necessary information to your accountant and had reason to believe they were competent. The fact that both federal and state authorities have no record of the filings your accountant claims to have made is a huge red flag. One system missing records? Possible. Both systems missing the same records? Extremely unlikely. Document everything and consider consulting with a tax attorney who can help you navigate both the penalty abatement process and potential recovery from your accountant's professional liability insurance.

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NightOwl42

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This is really comprehensive advice, Diego. I'm dealing with a somewhat similar situation right now where my accountant filed late but claimed it was on time. One question - when you mention "reliance on erroneous advice from a tax professional" as reasonable cause, do you need to prove the accountant was actually licensed/certified? My guy left H&R Block like the OP's accountant and I'm wondering if his credentials matter for the reasonable cause argument. Also, how long does the IRS typically take to respond to Form 843 abatement requests? I'm getting anxious about the timeline since penalties keep accruing interest while they review it.

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Logan, this is such a common experience that there should honestly be a class on this in high school! Your situation is totally normal - going from $3,000 gross to around $2,000 take-home is pretty standard for your income level. One thing that might help is to think of your gross salary as what your employer pays for you, not what you actually get to keep. Between federal taxes, state taxes (if applicable), Social Security, Medicare, and any benefits you signed up for, that $1,000 difference isn't unusual at all. My advice: 1. Get a copy of your paystub and review every single line item 2. Figure out which deductions are mandatory vs optional 3. Consider using a paycheck calculator online to verify your numbers are correct 4. If you're over-withholding on taxes, you can adjust your W-4 to get more per paycheck (but be careful not to underwithhold) The silver lining? If you're getting a big tax refund each year, that means you're essentially giving the government an interest-free loan. Better to keep that money in your pocket throughout the year and invest it or pay down debt. Once you understand your paystub, you'll feel way more in control of your money!

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Jacob Lee

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This is such great advice! I'm actually dealing with a similar situation at my new job. Keith, when you mention using a paycheck calculator online, are there any specific ones you'd recommend? I've tried a few but they don't seem to account for all the different benefit deductions and state-specific stuff. Also, how do you know if you're over-withholding without having to wait until tax season to find out?

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Welcome to the working world, Logan! That paycheck shock is like a rite of passage - we've all been there. Your math is actually spot on for what to expect at $36k/year. Here's a reality check that helped me: your employer isn't just paying you $36,000. They're also paying the employer portion of Social Security and Medicare taxes (another 7.65%), plus unemployment insurance, workers compensation, and potentially matching your 401k contributions. So you're actually more expensive to employ than your base salary. The silver lining? Once you understand your paystub, you can optimize it. I discovered I was paying for benefits I didn't need and was over-withholding on federal taxes. After adjusting my W-4 and dropping some optional coverage, I got an extra $200/month without changing my gross pay. Pro tip: take a photo of your paystub and post it here (blur out personal info obviously) - this community is great at helping people decode all those mysterious deduction codes. Most people find at least one thing they can adjust to get more take-home pay. You've got this! The first few months of budgeting on your actual take-home pay are tough, but once you adjust your expectations and optimize your deductions, it gets much more manageable.

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This is such solid advice, Andre! I'm actually curious about that photo idea - has anyone here actually done that successfully? I'm always worried about accidentally sharing something I shouldn't even with personal info blurred out. Are there specific parts of the paystub that are most important to focus on when trying to optimize deductions? I feel like mine has like 20 different line items and half of them are abbreviations I don't understand!

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