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Ask the community...

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Danielle Mays

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Has your wife tried talking to her employer directly about this before filing the SS-8? Some companies genuinely don't understand the classification rules and might fix it voluntarily if approached. I was misclassified a few years ago, and when I explained the issue to my boss with some printouts from the IRS website, they actually reclassified me and issued a W-2 instead. Saved a lot of hassle with forms and waiting for IRS determinations.

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Roger Romero

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This is terrible advice. Most employers know exactly what they're doing - saving themselves the employer portion of payroll taxes and avoiding labor laws. Approaching them directly just gives them a heads up that you're onto them and time to prepare a defense or even fire you.

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Dylan Cooper

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You're absolutely right to file the SS-8 and 8919 forms - this is exactly the situation they're designed for. Based on what you've described about your wife's work arrangement, she clearly meets the common law test for employee status. A few key points to keep in mind: 1. You'll report the 1099-NEC income on your return, but the Form 8919 will calculate the correct employee share of Social Security and Medicare taxes (7.65% instead of the full 15.3% self-employment tax). 2. For the reason code on Form 8919, use code G since you're filing the SS-8 first and waiting for determination. 3. Make sure to keep copies of everything and consider certified mail for the SS-8 filing to have proof of submission. 4. The SS-8 process typically takes 3-6 months, but filing the 8919 with your current return protects you from overpaying taxes while you wait. The fact that she has an employee handbook to follow while being classified as a contractor is particularly strong evidence in your favor. Good luck with the process!

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Bartender here - I think my restaurant is taxing my shared tips incorrectly. Help needed!

I've been bartending at this place for about 2.5 years, and we had a major system change around 8 months ago that's causing some tax concerns. Previously, we pulled all our tips from the cash drawer and used one employee number for two bartenders. Now, we only put cash tips in our jar, get credit card tips on a tip card at night, and use individual numbers to ring in orders. With this new system, we get "readings" that show our individual sales and tips. Management told us tips are still split 50/50 for bartenders sharing a shift (standard practice with shared tip jars), but our readings are NEVER equal. Here's the issue: If Bartender A rings in $2,500 in sales with $312 in tips, and Bartender B rings in $650 in sales with $78 in tips, we each walk home with $195 after the 50/50 split. But my readings show I made $312 in tips when I actually only got $195. I'm worried I'm being taxed on $312 when I only received $195! Meanwhile, Bartender B is only being taxed on $78 when they actually got $195 too. Our managers just "adjust" the amounts at the end of the night to make our take-home pay even, but they don't seem to understand the tax implications. I'm concerned I'm unfairly paying taxes on money my partner received. Several bartenders have raised this issue, and management claims all locations in our corporate chain use this system. But I know that's not true - other locations still pull cash from the drawer for all tips. Is this tax reporting incorrect? Am I paying taxes on tips I never actually received?

Rachel Tao

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Has anyone calculated how much extra you might be paying in taxes because of this? Like if you're getting taxed on an extra $50 per shift that you're not actually getting, that adds up to thousands over a year!

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Derek Olson

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I did the math on this for my situation which was similar. If you're overtaxed on just $40 per shift, working 4 shifts a week, that's $8,320 in falsely reported income over a year. At even a 15% tax rate, you're overpaying about $1,248 annually. And that doesn't include state taxes!

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This is a really common issue in the restaurant industry, and you're absolutely correct to be concerned. The IRS requires that tip income reported on your W-2 matches what you actually received, not what the POS system initially allocated. Your employer needs to implement a proper tip pooling adjustment in their payroll system. Many modern POS systems have tip pooling features that can handle this automatically, but if yours doesn't, they need to manually adjust the allocations before processing payroll. Here's what I'd recommend: Document everything for at least 2-3 weeks (your readings vs actual take-home), then present this to management with a clear explanation of the tax implications. If they don't understand or refuse to fix it, you can contact your state's Department of Labor or file Form SS-8 with the IRS to get an official determination on proper tip reporting procedures. Also keep in mind that if this has been going on for 8 months, you may be able to file amended tax returns to recover any overpaid taxes from previous years. The IRS allows amendments up to 3 years after the original filing date.

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Honorah King

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This is really helpful advice! I'm curious about the amended returns - if I've been dealing with this incorrect tip reporting for 8 months, would I need to wait until I get my W-2 to see if they actually report the wrong amounts? Or can I start documenting now to prepare for filing an amendment? Also, is there a specific form or process for challenging tip allocation on a W-2 if the employer won't fix it voluntarily?

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I'm seeing alot of zeros on mine too. Called IRS and was on hold for 2hrs just to get hung up on 🤔

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Liv Park

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classic irs move tbh šŸ’€

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KaiEsmeralda

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Same thing happened to me last year! All zeros across the board even though I had W2 income. Turns out the IRS was just behind on processing - took about 3-4 weeks for my transcript to update with the actual numbers. Since you mentioned self-employment income, make sure all your 1099s were filed correctly by your clients. Sometimes if there's a mismatch between what you reported and what was filed, it can cause processing delays. Don't panic yet, but definitely keep an eye on it and maybe call if it doesn't update in the next couple weeks.

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Justin Evans

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This is really helpful to know! I'm also self-employed so the 1099 mismatch thing makes sense. How do you check if your clients filed their 1099s correctly? Is there a way to see that on the IRS website or do you have to call them?

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Do I face jail time for overlapping Medicaid and ACA Marketplace tax credits for a few months?

So I'm in a bit of a mess and honestly freaking out about my health insurance situation. I was unemployed for a while and got Medicaid, but I already had an ACA Marketplace plan with premium tax credits that was affordable, so I kept both. When I applied for Medicaid due to being unemployed and having some health issues, I disclosed that I already had insurance coverage and they approved me anyway. What I didn't know is that you can't legally receive premium tax credits for Marketplace insurance while you have Medicaid coverage. No one at Medicaid ever mentioned this was a problem when I told them about my other insurance! The nightmare started when I called my Marketplace insurer to update my info since I got a full-time job. The customer service guy was SUPER rude and dramatic, saying I'm "facing penalties from the IRS" and will have to repay all the tax credits I received from June through August (the overlap months with Medicaid). I've now canceled my Medicaid since I'm employed, but the Marketplace rep said I need to authorize removing the tax credits for those months when I technically didn't qualify for them. If I remove the tax credit going forward, my premium jumps by $250 a month, which is a lot for me right now. What should I do? Will I actually face criminal charges when I file taxes next year? Could this be considered fraud even though it was an honest mistake? I had no idea I was doing anything wrong and now I'm absolutely panicking. Any advice would be so appreciated.

Ravi Kapoor

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I'm really grateful I found this discussion as someone who's completely new to navigating health insurance and tax issues. Reading through everyone's real experiences with Medicaid/Marketplace overlaps has been such a relief - I had no idea this was such a common situation or that there were built-in protections like repayment caps. What's particularly helpful is seeing the actual numbers people dealt with (like owing $1,600 but only paying back $900 due to income-based caps) rather than just vague reassurances. It's also eye-opening how customer service reps can make these situations sound dramatically worse than they actually are - the contrast between their scary language and the reality of routine IRS tax reconciliation is pretty stark. As a newcomer to these systems, I'm struck by how poorly the different agencies communicate with each other. The fact that you can be completely transparent about existing coverage when applying for Medicaid and still accidentally create this overlap problem shows there are real gaps in how these programs work together. But knowing that thousands of people handle this through normal tax filing procedures every year, and that it's administrative paperwork rather than a criminal matter, makes the whole thing feel much less intimidating. Thanks to everyone for sharing such detailed, honest experiences - this kind of firsthand information is incredibly valuable for those of us still learning to navigate these complex systems!

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I'm so glad this thread exists too! As another newcomer to these healthcare systems, I've been learning so much from everyone's shared experiences. What really stands out to me is how this situation perfectly illustrates why having a supportive community is so important when dealing with complex government programs. The disconnect you mentioned between how scary the customer service reps make these issues sound versus the actual reality is really striking. It seems like there's a pattern where the initial contact makes people think they're facing criminal charges or massive financial penalties, but then the reality is much more manageable through normal tax procedures. I'm also impressed by how many people came back to share their follow-up experiences - like the folks who actually went through the tax filing process and could report the real numbers. That kind of follow-through really helps newcomers like us understand what to actually expect rather than just worrying about worst-case scenarios. The system flaws you pointed out are frustrating but at least now I know to be extra careful about documenting any coverage changes and asking very specific questions when dealing with different agencies. Thanks for adding your perspective as someone else navigating this for the first time!

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Lucas Parker

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I just wanted to add my voice to everyone else's reassurance - you are absolutely NOT facing jail time or criminal charges over this! As someone who went through a very similar situation about 6 months ago, I completely understand that panic you're feeling. I had overlapping Medicaid and Marketplace coverage for about 4 months, and like you, nobody at the Medicaid office mentioned this would be a problem when I disclosed my existing insurance. When I found out about the premium tax credit issue, I was convinced I was going to be in serious legal trouble. Here's what actually happened: When I filed my taxes, I completed Form 8962 for the premium tax credit reconciliation. I technically owed back about $1,400 in tax credits for those overlap months, but because my income was around 270% of the federal poverty level, the repayment cap applied and I only had to pay back $900 instead of the full amount. The whole thing was handled as routine tax paperwork - no investigations, no criminal charges, no drama at all. The IRS processes thousands of these cases every year because this overlap situation is surprisingly common due to poor communication between agencies. My advice: Keep your current Marketplace tax credits since you no longer have Medicaid and are properly eligible for them now. Document which months you had both coverages (June-August), and when you file your 2025 taxes, Form 8962 will handle all the calculations automatically. This feels like a nightmare right now, but it's really just administrative paperwork that will resolve itself through normal tax filing. You're going to be just fine!

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Carmen Diaz

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My accountant told me that Schedule C's with home office deductions get flagged more often. Anyone know if thats true?? I started working from home and want to claim the space but worried it'll trigger something.

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This used to be more true in the past, but the IRS has actually relaxed their approach to home office deductions in recent years. The simplified option (claiming $5 per square foot up to 300 square feet) is less likely to trigger scrutiny than the regular method. If you're using the regular method, just make sure you're only claiming space used exclusively for business. Take photos of your workspace as documentation, and be accurate about the percentage of your home it represents. Claiming a reasonable amount with proper documentation shouldn't increase your audit risk significantly.

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Charlie Yang

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As someone who's been freelancing for about 3 years now, I totally get the paranoia! What really helped me was understanding that the IRS is actually looking for patterns that don't make business sense, not just high expenses. For your situation with $7,500 in income, claiming legitimate software subscriptions and equipment is totally normal and expected. The key things that helped me feel more confident: 1. Keep detailed records of HOW you use business expenses (like what percentage of internet is actually for work) 2. Don't claim personal expenses as business ones (even if it's tempting) 3. Be reasonable with your deductions - if you're claiming more in expenses than you made in income, that's when eyebrows get raised I've claimed everything from Adobe subscriptions to a new monitor to client meeting expenses, and never had an issue. The IRS understands that freelancers have legitimate business costs, especially in creative fields where software and equipment are essential. Your income level actually puts you in a lower-risk category for audits. Just keep doing what you're doing - claiming legitimate expenses with proper documentation!

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Nora Brooks

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This is really reassuring, thank you! I think I've been overthinking it because I'm new to freelancing. Your point about the IRS looking for patterns that don't make business sense is helpful - I've been so focused on dollar amounts rather than whether my expenses actually make logical sense for my work. Quick question about internet expenses - do you calculate the percentage based on hours used for work vs personal, or is there another method you use? I work from home for my day job too, so it gets a bit tricky to figure out what portion is truly attributable to the freelance work specifically.

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