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Malik Johnson

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This thread is incredibly thorough - thank you everyone for sharing your experiences! I'm in a similar boat with a family LLC that's had losses for years, and I never realized I should have been tracking these on Form 8582. One thing I want to add for anyone else reading this: make sure you understand the "material participation" aspect too. Even if you think you're not materially participating in the LLC activities, the IRS has specific tests for this. If you accidentally qualify as a material participant in some years, those losses wouldn't be subject to passive activity limitations and the carryforward calculations get more complicated. I learned this when reviewing my situation - there were a couple years where I spent significant time helping with property management that might have pushed me over the material participation threshold. This means some of my losses might not have been passive losses at all, which affects both the Form 8582 carryforward amounts and how much I can actually claim. Has anyone else run into this material participation complication when reconstructing their passive loss history? I'm wondering if it's worth the extra complexity to analyze each year individually or if most people just treat all LLC losses as passive for simplicity.

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Oliver Becker

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You raise an excellent point about material participation! This is actually a crucial consideration that can significantly impact your passive loss calculations. The IRS has seven specific tests for material participation, and if you meet any of them in a given year, your losses from that activity are NOT subject to passive activity limitations. The most common test that trips people up is the 500+ hour test - if you spent more than 500 hours in any year on the rental activities (including management, maintenance, tenant relations, etc.), you'd be considered a material participant for that year. There's also a "significant participation" test and several others that could apply. For your reconstruction, I'd strongly recommend analyzing this year by year rather than assuming all losses are passive. Here's why: if you were a material participant in certain years, those losses could have been used immediately against your ordinary income, meaning they wouldn't carry forward as passive losses at all. This could actually reduce your accumulated passive loss carryforward but might mean you already got the tax benefit in those years. Keep detailed records of your time and activities for each year if possible. Even rough estimates based on calendars, emails, or bank records showing property-related activities can help establish your participation level. A tax professional experienced with passive activity rules can help you work through each year's classification - it's definitely worth the complexity given the potential tax impact!

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This is such a valuable discussion - I'm learning so much! I've been in a similar situation with passive losses from a family partnership that I never properly tracked on Form 8582. One additional consideration I haven't seen mentioned yet: if you're planning to eventually dispose of your interest in the LLC, make sure you understand the "complete disposition" rules. When you completely dispose of your entire interest in a passive activity, you can deduct all suspended passive losses against any type of income (not just passive income). This can make those accumulated losses even more valuable! The timing of when you dispose vs when you have passive income to offset can make a big difference in your tax strategy. If you're planning to sell your LLC interest or if the LLC might liquidate in the future, it might be worth holding onto those suspended losses for the complete disposition rather than using them against small amounts of passive income. I'm curious - for those of you who successfully reconstructed your passive loss carryforwards, did you also factor in potential future scenarios like complete disposition when deciding whether to pursue the analysis? And did your tax professionals help you think through the timing strategy, or did they mainly focus on getting the historical numbers correct?

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Hannah Flores

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Great point about the complete disposition strategy! I actually went through this analysis with my tax professional when reconstructing my passive losses, and it completely changed my approach. In my case, we discovered I had about $52k in accumulated passive losses, and my family was already discussing selling the LLC properties within the next 3-5 years. My CPA showed me that if I wait for the complete disposition, I can use ALL those suspended losses against ordinary income - not just passive income. That's potentially worth $15k+ more in tax savings compared to using them piecemeal against small amounts of passive income. The key insight was understanding that "complete disposition" means disposing of your ENTIRE interest in that specific passive activity. So if the LLC sells all its properties and distributes proceeds, or if I sell my entire LLC membership interest, that triggers the complete disposition rules. My professional definitely helped with the timing strategy. We created a projection showing tax savings under different scenarios: using losses against current passive income vs holding for complete disposition. In my situation, waiting made sense because the family had already decided to exit the real estate business within a few years. One warning though - make sure the complete disposition is genuine. The IRS scrutinizes related-party transactions, so if you're "selling" to family members or if the LLC continues operating with just different ownership, you might not qualify for complete disposition treatment.

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Great question! I went through this exact same situation with my LLC last year. The key thing to understand is that guaranteed payments are treated as self-employment income for tax purposes, but the mechanics of how the money flows can be flexible. Your LLC can absolutely withhold the $1,000 for your 401(k) contribution directly from the $12,500 guaranteed payment and remit it to the plan, then pay you the remaining $11,500. This is actually preferable from a cash flow perspective and keeps everything clean administratively. The 401(k) plan administrator generally doesn't care about the source - they just need to receive the contribution and proper documentation. What matters for tax purposes is that the full $12,500 still gets reported as guaranteed payments on your K-1, regardless of whether $1,000 went directly to your 401(k) or through your personal account first. Just make sure your operating agreement is clear about this arrangement, and that your bookkeeper properly tracks the full guaranteed payment amount for tax reporting. The IRS views the entire $12,500 as taxable guaranteed payment income to you, even though part of it went directly to retirement savings.

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GalaxyGazer

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This is really helpful, thanks! One follow-up question - do you know if there are any timing requirements for when the LLC needs to make the 401(k) deposit? Like, if our guaranteed payments are processed on the 15th of each month, does the 401(k) contribution need to go out by a certain deadline to avoid any compliance issues? I'm also wondering about the year-end reconciliation process. Do you just make sure the total 401(k) contributions for the year match what's reflected in the guaranteed payments on the K-1, or is there additional documentation the plan administrator typically requires?

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One thing I'd add to this discussion is the importance of getting your payroll provider on board early if you use one. We ran into issues initially because our payroll company wasn't familiar with processing 401(k) contributions from guaranteed payments. They kept trying to treat it like regular employee payroll with tax withholdings, which created a mess. We had to educate them that guaranteed payments are already subject to self-employment tax, so there's no additional payroll tax withholding needed - just the straightforward transfer to the 401(k) plan. Also, make sure you coordinate the timing with your plan's contribution deadlines. Most plans require contributions to be made within a reasonable time after the guaranteed payment date. We typically process ours within 5 business days of issuing the guaranteed payment to avoid any potential issues with the Department of Labor's timing requirements. The bookkeeping approach Carmen mentioned is spot-on - that's exactly how we handle it and it keeps everything clean for tax reporting.

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This is really valuable insight about working with payroll providers! We're actually in the process of setting up this exact arrangement and hadn't considered the payroll company complications yet. Quick question - when you say "within 5 business days," is that based on specific DOL guidance for partnerships, or is it more of a best practice your plan administrator recommended? I'm trying to understand if there are different timing rules for guaranteed payments versus regular employee deferrals. Also, did your payroll provider eventually get comfortable with the process, or did you have to switch to someone more familiar with partnership structures? We're evaluating whether to stick with our current provider or find one that specializes in multi-member LLCs.

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Hassan Khoury

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I had this issue last year and learned the hard way that issuing duplicate 1099s is a HUGE headache. One of my contractors got audited because Stripe reported $12,400 and I also reported $12,400 so it looked like they made $24,800 to the IRS. That contractor had to spend hours proving it was duplicate reporting.

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Victoria Stark

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Oof that sounds like a nightmare! Did you have to file corrected 1099s? And did you or the contractor get penalized?

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This is exactly the kind of situation that trips up small business owners! I faced something similar with my landscaping business. Here's what I learned after consulting with my CPA: The golden rule is: never double-report the same payment. If Stripe is issuing 1099-NECs to your contractors (which they do for amounts over $600), then you should NOT include those payments on your own 1099s. Here's my recommended approach: 1. Log into your Stripe dashboard and check their tax reporting section - it should show you which contractors will receive 1099s from them 2. For QuickBooks, continue tracking everything for your own records, but when generating 1099s, exclude the Stripe payments that Stripe is already reporting 3. Only issue 1099s for Venmo payments (assuming you're using personal Venmo - if it's Venmo Business over $600, they'll also issue forms) I also keep a simple spreadsheet that breaks down each contractor's total payments by platform. This makes it crystal clear at tax time what needs reporting from me versus what's handled by the payment processors. The peace of mind is worth the extra record-keeping effort - trust me on this one!

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This is really helpful advice! Quick question about the spreadsheet approach you mentioned - do you track payments by individual transaction or just monthly/quarterly totals per contractor? I'm trying to figure out the best level of detail to maintain without making it too complex. Also, when you say "exclude the Stripe payments" in QuickBooks for 1099 generation, can you actually filter them out during the 1099 creation process, or do you have to set up separate vendor records for each payment method?

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Sophia Carter

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Direct Deposit is the way 2 go bestie... learned that lesson last year when my check got lost in the mail πŸ’€

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OMG what did u do when that happened???

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Sophia Carter

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had 2 wait another 6 weeks for them to cancel and reissue... pure hell tbh

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Been there with the daily WMR checking! πŸ˜… From my experience, once you get the 846 code, paper checks usually arrive 5-10 business days later. Mine took exactly 7 days last year. The waiting is the worst part but at least once you see that 846 you know your money is coming! Pro tip: set up USPS Informed Delivery so you can see when the check is actually coming in your mail that day - saves some anxiety!

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Evelyn Rivera

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omg yes the USPS informed delivery tip is clutch! πŸ™Œ just signed up for it after reading this. been checking my mailbox like 3 times a day lmao. thanks for the peace of mind knowing 5-10 days is normal once you get the 846!

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I went through almost the exact same situation in 2023! Got laid off, collected unemployment for 7 months, and completely forgot about the tax implications until it was time to file. Here's what helped me figure it out: Your state unemployment office should have sent you Form 1099-G by the end of January showing exactly how much you received in unemployment benefits. If you didn't get it or lost it, you can usually download it from your state's unemployment website. The key thing to remember is that unemployment benefits are treated as ordinary income, so they get added to your W2 wages and taxed at your regular tax rate. Since you made $29,800 from work plus $36,500 in unemployment, your total taxable income would be $66,300 (assuming you're filing single with standard deduction). I used the IRS withholding calculator on their website to get a rough estimate, but honestly ended up using TurboTax because it walked me through everything step by step. The good news is that if you owe more than $1,000, you can set up a payment plan with the IRS - they're actually pretty reasonable about it. One thing I wish I'd known earlier: you can request tax withholding from future unemployment benefits by filing Form W-4V with your state. Would have saved me this headache!

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This is super helpful - thank you for sharing your experience! I'm definitely going to look for that Form 1099-G from my state. I think I might have thrown it away thinking it wasn't important. Good to know about the IRS payment plan option too, that takes some of the pressure off. Did you end up owing a lot more than you expected, or was it pretty close to what you calculated using their withholding calculator?

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QuantumQuasar

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I feel for you - unemployment tax situations can be really stressful when you're already dealing with job loss! Here's a step-by-step approach that might help: 1. **Get your 1099-G form** - Your state should have sent this showing total unemployment benefits received. If you can't find it, most states let you download it from their unemployment portal. 2. **Calculate your total income** - Add your W2 income ($29,800) + unemployment benefits ($36,500) = $66,300 total income. 3. **Use the standard deduction** - For 2023, if filing single, subtract $13,850 from your total income, giving you $52,450 taxable income. 4. **Apply tax brackets** - Your tax would be roughly $5,975 based on single filing status tax brackets for 2023. 5. **Subtract withholdings** - Take off any federal taxes already withheld from your W2 job to see what you still owe. The IRS also has a pretty good tax withholding estimator on their website that can help you double-check your calculations. And don't panic if you owe a chunk - they offer payment plans that are actually quite reasonable. You might also want to consider having taxes withheld from any future unemployment benefits to avoid this situation again. Good luck with everything!

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AstroExplorer

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This breakdown is really helpful! I'm in a similar boat and was getting overwhelmed trying to figure out all the calculations myself. One question - when you mention the tax would be roughly $5,975, is that before accounting for any withholdings from the W2 job? I'm trying to understand if that's the total tax liability or what would actually be owed after subtracting what was already withheld. Also, do you know if there are any penalties for not making estimated payments throughout the year on the unemployment income?

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