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This is a complex situation that requires careful documentation. Based on your timeline, you should qualify for the Section 121 exclusion on the residential portion since you lived there as your primary residence for over 2 years. However, the key is how you've been treating the property on your tax returns. If you've been claiming business deductions (home office, depreciation, etc.) on any portion, you'll need to allocate the gain proportionally. The residential portion can qualify for the capital gains exclusion, but the business portion will be subject to both capital gains tax and depreciation recapture at 25%. Make sure you have clear documentation of the square footage split between personal and business use, along with records showing this was genuinely your primary residence (voter registration, mail delivery, utility bills, etc.). The IRS will scrutinize mixed-use properties more closely, so having solid documentation is crucial. I'd recommend consulting with a tax professional who specializes in real estate transactions before you sell, as the timing and method of the sale can significantly impact your tax liability.

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This is really helpful advice! I'm curious about the documentation requirements you mentioned. Since I converted a commercial building into living quarters, would things like building permits for the residential conversion help establish that it was genuinely my primary residence? Also, how strict is the IRS about the "primary residence" test when the property is zoned commercial but actually used as a home?

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Building permits for residential conversion would absolutely strengthen your case! That's exactly the type of documentation the IRS looks for to establish legitimate residential use of a commercial property. You should also gather utility bills showing separate meters or higher usage patterns consistent with full-time residence, any insurance policies that covered it as your homestead, and records of where you received mail and registered to vote. Regarding the zoning issue - the IRS focuses on actual use rather than zoning classification. IRC Section 121 doesn't disqualify properties based on commercial zoning if they were genuinely used as your main home. However, you'll need to demonstrate that the residential portion was separate and distinct from any business use. The key is showing you had exclusive residential areas (bedroom, kitchen, living spaces) that weren't used for business purposes. Keep detailed floor plans showing the residential vs business areas, and be prepared to explain how you maintained the separation between personal and business use of the property.

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One thing I haven't seen mentioned yet is the importance of maintaining separate records for each portion of your mixed-use property throughout the ownership period. Since you lived there from 2019-2023, make sure you can clearly demonstrate which expenses were allocated to personal vs business use during that entire timeframe. The IRS may also look at whether you claimed any home office deductions during the years you lived there. If you did, that could complicate the residential portion calculation. Also, be aware that if you've been depreciating the entire building (rather than just the business portion), you may face some challenges in cleanly separating the residential use for the Section 121 exclusion. Given the complexity and the significant tax implications, I'd strongly recommend getting a professional tax opinion before proceeding with the sale. The cost of proper tax planning upfront is usually much less than dealing with IRS challenges or missed opportunities later.

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QuantumQueen

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This is excellent advice about maintaining separate records! I'm realizing I may have been sloppy with my record-keeping over the years. For someone in my situation who's been living in and operating a business from the same commercial property, what's the best way to reconstruct the allocation if my historical records aren't perfectly clean? I definitely took some home office deductions, but I tried to be conservative and only claimed the actual office space, not the living areas. Should I be worried about how that might affect my residential portion calculation?

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NightOwl42

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Your mom definitely cannot use your 1098-T form for education tax credits if she's not claiming you as a dependent. The IRS is very clear on this - only the person who claims the student as a dependent can claim education credits like the American Opportunity Credit or Lifetime Learning Credit. The "reimbursement" and "keeping scholarships" explanations don't make sense from a tax perspective. Scholarships are managed between you and your school, not through anyone's tax return. If she's talking about FAFSA, that's a completely separate financial aid process that doesn't require your 1098-T form. Here's what I'd recommend: File your taxes ASAP claiming yourself as independent and use your 1098-T to claim any education credits you're eligible for (like the American Opportunity Credit if you qualify). Once your return is processed, it will prevent anyone else from claiming those same benefits. Make sure you keep all documentation showing you paid qualified education expenses if you're claiming credits. And don't give her your 1098-T - there's no legitimate tax reason she needs it if she's not claiming you as a dependent.

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This is solid advice! I'm in a similar situation where my parents were confused about who could claim what after I started filing independently. One thing to add - if your mom is still confused about the "reimbursement" she mentioned, it might help to explain that education tax credits are dollar-for-dollar reductions in tax owed, not actual reimbursements. The American Opportunity Credit can be up to $2,500 and is partially refundable, which might be what she's thinking of. But again, only you can claim it since you're filing independently and claiming yourself. Filing early is definitely the right move to lock in your claim to those credits!

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I'm a tax professional and want to add some clarity about the specific situation you described with the 2021 income reporting. It sounds like your mom might be confusing several different tax concepts here. The mention of reporting your income as "below $6,700" in 2021 suggests she may have been trying to ensure you qualified as her dependent under the gross income test (which was $4,300 for 2021, actually). However, if you're now 22, living independently, and paying your own expenses, you likely don't meet the dependency tests regardless of income. The "keeping scholarships" comment is particularly concerning because it suggests a fundamental misunderstanding of how scholarships work. Scholarships are awarded and maintained based on academic performance, enrollment status, and the specific terms set by the scholarship provider - not by who claims what on their tax return. What your mom might actually be thinking about is maximizing education benefits across both your returns, but she's going about it the wrong way. If she has legitimate education-related expenses (like Parent PLUS loan interest), she can claim those deductions without needing your 1098-T. But the education credits associated with your 1098-T can only be claimed by whoever claims you as a dependent - which in this case would be you. My advice: Have a direct conversation with her about what specific tax benefit she thinks she's missing out on, then you can address the actual issue rather than this confusing 1098-T request.

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This is really helpful context! The 2021 income reporting detail you mentioned makes me wonder if there's been an ongoing pattern of confusion about tax dependency rules. As someone new to this situation, I'm curious - if the mom has been incorrectly handling the dependency/education credit situation for multiple years, could that create problems down the road? And is there a way to correct previous years if mistakes were made, or should they just focus on getting this year right going forward?

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AstroAce

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Watch out for the commuting rule! This bit me hard last year. Even if you're driving the company car to different work sites, the miles from your home to the FIRST work location of the day and from the LAST work location back home are still considered personal commuting miles. Only the miles between work locations during the day count as business miles. My employer didn't explain this clearly and I ended up with a surprise tax bill.

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Is this still true if you work from home part of the time? Like if my home is my official workplace 2 days a week, then drive to the office the other 3 days?

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Jamal Harris

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Great question about company vehicles! Just want to add that it's worth asking your employer which valuation method they plan to use BEFORE you start using the car. Some companies use the "annual lease value" method which can result in a higher taxable benefit than the cents-per-mile method, especially for expensive vehicles or if you don't drive much personally. Also, if your company provides fuel for personal use (sounds like you're getting a gas card), that's an additional taxable benefit on top of the vehicle use. The IRS has specific rules about how to value the fuel benefit - sometimes it's easier for companies to just require you to reimburse them for personal fuel costs to avoid the tax complications. One more tip: keep documentation of your vehicle's condition when you first receive it and when you return it (photos, maintenance records, etc.). This can protect you if there are disputes about damage or excessive wear that might affect your tax liability later.

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Zara Khan

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This is really helpful - I hadn't thought about the different valuation methods! Is there a way to estimate which method would be better for my situation before I accept the job offer? I'm guessing it depends on the car's value and how much personal driving I'll actually do? Also, regarding the gas card for personal use - would it be simpler tax-wise if I just paid for personal gas myself and only used the company card for business trips? Or does that create other complications with tracking?

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Ethan Brown

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This is such a common frustration for field workers! I went through something very similar a few years ago. One thing that really helped me was creating a detailed spreadsheet tracking not just mileage, but also the time costs. When I calculated that I was spending 3+ hours daily in unpaid travel time PLUS the unreimbursed mileage costs, it painted a much clearer picture of the total impact. Here's what I'd suggest beyond what others have mentioned: 1. **Calculate your true hourly rate** - Factor in all your unpaid travel time and unreimbursed expenses. You might discover you're making significantly less than minimum wage when you include these costs. 2. **Research competitor policies** - Look at job postings for similar positions and see how other companies handle mileage reimbursement. Many offer full IRS rate reimbursement or company vehicles for roles requiring extensive travel. 3. **Consider the vehicle depreciation impact** - That 90+ miles daily is putting serious wear on your car beyond just gas costs. Track maintenance, tire replacements, oil changes, etc. This adds up to thousands annually. The documentation you're keeping is crucial - not just for potential tax implications, but also for negotiating better compensation or justifying a job change. Sometimes the best "tax strategy" is finding an employer who properly values and compensates for the travel requirements of the position. Keep fighting for fair compensation - your time and vehicle expenses have real value that should be recognized!

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This is really eye-opening! I never thought about calculating my true hourly rate including all the unpaid travel time. When I do the math - 3+ hours of driving daily plus my regular 8-hour workday, I'm putting in 11+ hour days but only getting paid for 8. That's a huge difference! Your point about researching competitor policies is smart too. I've been so focused on trying to work within my current company's system that I haven't looked at what the market standard actually is. If most companies in my field offer full IRS rate reimbursement, that gives me much stronger negotiating position. The vehicle depreciation angle is something I've been worried about but haven't quantified. My car has already needed two major repairs this year that I'm pretty sure are related to all the extra miles. I should probably start tracking those costs separately to see the full picture. Thanks for the perspective on sometimes the best solution being to change employers. I've been hesitant to job hunt because I like the actual work, but you're right that fair compensation for the travel requirements should be a basic expectation, not something I have to fight for. Do you have any suggestions for how to research what other companies are offering for similar positions without tipping off my current employer that I'm looking around?

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StarSailor}

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Great question about researching competitor policies discreetly! Here are some strategies that have worked well: **Online research:** - Check Indeed, Glassdoor, and LinkedIn job postings for similar roles - many now include benefits details including mileage policies - Look at company career pages directly - they often list comprehensive benefits packages - Search for industry salary surveys that sometimes include transportation/mileage data **Networking approach:** - Connect with people in similar roles at other companies through LinkedIn or industry groups - Frame conversations around "industry best practices" rather than job searching - Ask about policies during professional meetups or conferences **Direct inquiry method:** - Call HR departments at other companies and ask about their mileage reimbursement policies for field positions - Say you're "conducting research on industry standards" - most HR reps will share policy info **Professional resources:** - Contact your industry trade association - they often have compensation surveys - Check with recruiters in your field - they know market standards well I found that most companies are surprisingly open about their policies when you approach it as market research rather than job hunting. Having concrete data about industry standards made my negotiation much more successful - turns out my company's policy was well below market average, which gave me significant leverage. The key is gathering enough data points to show a clear industry pattern rather than just one or two examples.

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I'm dealing with a very similar situation and want to share what I learned from my tax preparer this year. While it's true that employees can't deduct unreimbursed mileage expenses anymore, there's an important distinction many people miss about what constitutes "commuting" versus business travel. The IRS defines commuting as travel between your home and your "regular or main job." The key phrase here is "regular or main job." If you don't have a fixed office location and you're traveling to different temporary work sites each day (which sounds like your situation), then technically ALL of your travel could be considered business travel, not commuting. Your employer's policy of excluding the first 45 miles each way seems to assume you have a regular workplace 45 miles from your home, but from your description, that's not accurate. You're traveling to various client locations, making your home your primary business location. I'd recommend documenting: - That you have no fixed office or regular workplace - Your daily assignments come to you at home - Each job site is a temporary location - You store work equipment at home Then present this to HR with a request for policy review. Even though you can't get tax deductions as an employee, you might be able to get your employer to recognize that their current policy doesn't match the actual nature of your work arrangement. Keep those detailed records regardless - if you ever become self-employed or if tax laws change, that documentation will be invaluable.

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Zara Malik

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This is such a common source of confusion for new LLC owners! Your tax preparer is absolutely correct - SEP IRA contributions for single-member LLCs cannot be deducted as business expenses on Schedule C. I made this exact same mistake my first year and was equally frustrated. Here's what's happening: as a single-member LLC, you're treated as a sole proprietor for tax purposes. The SEP IRA contribution is considered a personal retirement contribution that you (the individual) are making, not a business expense. So it gets deducted on Schedule 1 of Form 1040 as an "adjustment to income" rather than reducing your business income on Schedule C. The key thing to understand is that you're still getting significant tax benefits - just not exactly where you expected: - You still deduct the full $7,500 contribution amount - You still save substantially on federal income tax (potentially $1,650-$2,250 depending on your bracket) - You just don't save on self-employment tax, which is calculated on your Schedule C profit I know it feels like you're missing out, but the income tax savings alone make it worthwhile. Plus, you're building tax-advantaged retirement savings, which is the most important goal. Don't let this discourage you from continuing your smart savings strategy - you're just getting the benefit in a different place on your tax return than you originally planned!

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Thanks for sharing your experience! This is exactly what I needed to hear. I was getting so frustrated thinking I had somehow "wasted" my SEP IRA strategy, but you're right that the income tax savings are still substantial. I'm in the 24% bracket, so that $7,500 is still saving me around $1,800 - that's nothing to sneeze at! I think what threw me off was that I had been calculating my estimated taxes assuming the SEP contribution would reduce both my income AND self-employment tax. Now I understand I need to separate those calculations going forward. It's reassuring to know this caught other experienced LLC owners off guard too. Sometimes these tax rules feel so counterintuitive, but I guess the important thing is that I'm still maximizing my retirement savings in a tax-advantaged way, even if it's not exactly how I pictured it working.

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I completely understand your frustration - this is one of the most confusing aspects of single-member LLC taxation! Your tax preparer is absolutely right, and you're definitely not alone in this confusion. The key thing to remember is that even though your LLC generates the business income, YOU as an individual are making the retirement contribution. Since single-member LLCs are "disregarded entities" for tax purposes, you're essentially treated as a sole proprietor. This means retirement contributions are personal deductions, not business expenses. So your $7,500 SEP IRA contribution gets deducted on Schedule 1 (Adjustments to Income), which still provides substantial tax savings on your federal income tax - potentially $1,650-$1,800 depending on your tax bracket. You just won't save on the 15.3% self-employment tax portion. I know it doesn't feel like the "full" benefit you were expecting, but you're still building wealth tax-efficiently and getting significant tax relief. The important thing is that you're consistently saving for retirement throughout the year - that disciplined approach will serve you well regardless of exactly where the deduction appears on your return. Don't let this discourage you from your retirement savings strategy. You're doing everything right, just getting the tax benefit in a slightly different way than you initially planned!

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This whole thread has been incredibly helpful! As someone who just started a single-member LLC this year, I was planning to set up a SEP IRA specifically to reduce my Schedule C income and self-employment tax. I'm so glad I found this discussion before making that mistake! It's frustrating that the tax code works this way, but at least now I understand the logic - the LLC is disregarded, so I'm the individual making the retirement contribution, not the business paying an expense. The income tax savings are definitely still worthwhile, even without the SE tax benefit. @7235e8023fa9 Your point about the disciplined savings approach is really encouraging. I think I was getting too caught up in optimizing the exact tax treatment instead of focusing on the bigger picture of building retirement wealth. Thanks for helping put this in perspective!

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