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Moving Money Between Trust-Owned LLCs - Irrevocable Trust Management Question

I recently became co-trustee of my mother's irrevocable trust following her passing about six weeks ago. The trust holds three separate LLCs that contain various rental properties across two states. The structure is a bit challenging because roughly 80% of all the rental income flows into just one of the LLCs (the largest one with 12 properties), while the other two smaller LLCs have properties that occasionally need significant repairs. We're facing a situation where one of the properties in a smaller LLC needs about $45,000 in roof and HVAC repairs, but that LLC only has about $12,000 in its account. Meanwhile, the larger LLC has plenty of cash flow. Since an irrevocable trust now owns all three LLCs, I'm trying to figure out the proper way to move funds between them. If these were personally owned LLCs, I'd just distribute from one to myself then contribute to the other, but that doesn't work when a trust owns everything. I'm considering these options: 1. Create a bank account for the trust itself using its EIN, then distribute from the cash-rich LLC to the trust account, and then contribute from the trust to the LLC needing funds. 2. Create a formal loan with a promissory note between the two LLCs at the current prime rate, essentially having one LLC lend to the other. Any advice on the proper way to handle this? I'll be talking to our CPA and the estate attorney, but I wanted to get some initial thoughts first.

Melody Miles

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I went through a very similar situation when I became trustee of my father's irrevocable trust that owned multiple rental property LLCs. One thing I learned the hard way is to also check your trust document for any specific provisions about inter-entity transactions or capital contributions. Our trust had a clause requiring written trustee resolutions for any transaction over $20,000 between trust-owned entities, which we almost missed. Even though I was the sole trustee, I still had to formally document the decision and keep it in the trust records for potential IRS audits. Also, if you go with the inter-company loan route (which I'd recommend based on Charlotte's advice), make sure to actually service the loan properly. The IRS has been known to recharacterize loans as distributions if payments aren't made consistently. Set up automatic transfers for the payments if possible to maintain the paper trail. The whole process was more complex than I expected, but documenting everything properly from the start saved us headaches later when we had to provide records to the IRS for an unrelated audit.

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This is really helpful advice about checking the trust document for specific provisions - I hadn't thought to look for transaction thresholds that might require formal resolutions. Your point about actually servicing the loan properly is crucial too. I've seen situations where people set up these inter-company loans but then get lazy about the payments, which defeats the whole purpose from a tax perspective. Setting up automatic transfers is a great suggestion to maintain that paper trail. Thanks for sharing your experience with the IRS audit - it's good to know that proper documentation from the start actually pays off when they come looking!

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Kai Rivera

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As someone who recently went through a similar situation with my grandmother's irrevocable trust, I'd strongly echo the advice about the inter-company loan approach. We ended up going that route after initially considering the trust account method. One additional consideration that our attorney pointed out: if you have multiple beneficiaries of the trust, cycling money through the trust account can sometimes create unexpected income tax consequences for them, depending on how the trust's distributable net income is calculated. The inter-company loan keeps everything at the entity level and avoids potential complications with K-1 distributions to beneficiaries. Also, since you mentioned this is across two states, make sure to check if there are any state-specific requirements for related party transactions. Some states have additional disclosure or approval requirements for transactions between entities owned by the same trust. The $45,000 repair sounds urgent - I'd recommend moving quickly once you get your documentation in place. Property issues tend to get more expensive the longer they sit, and having a formal loan structure will give you a clear path for similar situations in the future.

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Naila Gordon

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That's a really important point about the distributable net income implications for beneficiaries - I hadn't considered how cycling money through the trust account could affect their tax situations. Since we do have multiple beneficiaries, the inter-company loan approach seems even more appealing now. You're absolutely right about the urgency of the repairs. We're already getting quotes from contractors and the roof situation is getting worse with the recent weather. Having a clear framework for these transfers will definitely help us handle similar situations more efficiently in the future. Thanks for the heads up about state-specific requirements - the properties are in Ohio and Pennsylvania, so I'll need to check both jurisdictions. Do you happen to know if there are any common red flags I should watch for in state regulations, or is this something I should definitely run by our attorney?

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Emma Johnson

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Something else to consider - the de minimis safe harbor doesn't apply to improvements that are part of a larger project. So if you're doing a kitchen remodel and buy 5 cabinet pulls for $15 each, you can't use de minimis for those even though individually they're under the threshold, because they're part of a larger improvement. I learned this the hard way when I got audited last year. The IRS made me recapture a bunch of small expenses I had deducted under de minimis because they were actually part of a bathroom renovation project that should have been capitalized.

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Ravi Patel

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This is super important info! How do you determine what counts as "part of a larger project" though? Like if I replace all the doorknobs in my rental ($30 each), is that a single improvement project or can I use de minimis since each doorknob is under the threshold?

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Mateo Martinez

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The "larger project" determination can be tricky and it's one of the gray areas in the regulations. Generally, the IRS looks at whether the items are functionally related and performed as part of a single plan of rehabilitation or improvement. For your doorknob example, if you're replacing all doorknobs as part of a general property upgrade or renovation, that could be viewed as a single improvement project. However, if you're just replacing individual doorknobs as they break or wear out over time, those would likely qualify for de minimis treatment. The key factors the IRS considers are: timing (all done at once vs. spread out), functional relationship (do the items work together to improve a single area/system), and overall intent (maintenance vs. improvement). When in doubt, it's safer to capitalize items that could reasonably be seen as part of a coordinated improvement effort.

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Manny Lark

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This is really helpful discussion! I'm a new rental property owner and just discovered I need to be more strategic about the de minimis election. Reading through all these comments, it sounds like the key things I need to do are: 1. Create a written accounting policy before the tax year starts 2. Attach the election statement to my tax return 3. Be careful about what counts as "part of a larger project" vs individual items 4. Keep detailed records of everything One question I have - if I'm buying materials throughout the year for various small repairs and maintenance, should I be tracking each individual item against the $2,500 threshold, or does it matter how they're invoiced? Like if I buy $200 worth of supplies in one Home Depot trip, is that one "item" or do I need to break it down by individual products? Also wondering if anyone has experience with how this election affects state taxes - does it automatically carry over or do I need to make separate elections at the state level?

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Natasha Petrov

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Great questions! For the Home Depot scenario, the de minimis threshold applies per item or per invoice, so your $200 purchase would qualify as long as no single item on that receipt exceeds $2,500. You don't need to break it down further - the whole invoice can be treated under de minimis rules. For state taxes, it varies by state. Some states automatically conform to federal elections while others require separate elections or have different rules entirely. I'd recommend checking with your state's tax authority or a local tax professional since state conformity rules can be quite different. One tip I learned - keep a simple spreadsheet throughout the year tracking your de minimis eligible purchases with the invoice date, vendor, amount, and brief description. Makes tax time so much easier than trying to sort through a shoebox of receipts later!

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Javier Torres

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5 Can someone explain the pro-rata rule issue with backdoor Roths? My financial advisor mentioned it could be a problem but didn't really explain it clearly.

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Javier Torres

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8 The pro-rata rule is crucial to understand with backdoor Roth conversions. If you have ANY existing pre-tax money in ANY traditional IRA accounts (including SEP and SIMPLE IRAs), the IRS requires you to calculate conversions proportionally across all your IRA balances. For example, if you have $50,000 in traditional IRA assets (pre-tax) and you make a new $6,000 non-deductible IRA contribution that you want to convert via the backdoor method, you can't just convert the $6,000. The IRS considers 89% ($50,000 รท $56,000) of any conversion to be taxable. So if you convert $6,000, about $5,340 would be taxable income. This is why backdoor Roths work best for people who either don't have existing traditional IRA balances or who can roll their IRA funds into an employer 401(k) plan first (if the plan allows it).

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Isabella Costa

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This is a great question that highlights one of the most confusing aspects of retirement tax law. The income restrictions on Roth IRAs were originally designed as a revenue protection measure - Congress wanted to limit the immediate tax revenue loss from allowing high earners to contribute after-tax dollars that would grow tax-free forever. However, what many people don't realize is that the "backdoor Roth" strategy exists because of legislative oversight, not intentional design. When Congress removed income limits on Roth conversions in 2010 (primarily to generate short-term tax revenue), they didn't anticipate how this would interact with the existing rule allowing anyone to make non-deductible traditional IRA contributions. The IRS has been aware of this strategy for over a decade and has essentially given it tacit approval. In fact, they've published guidance on how to properly report these transactions. It's become such an accepted practice that many major brokerages now offer "backdoor Roth" as a standard service option. From a practical standpoint, if you're a high-income earner, this strategy remains completely legitimate and widely used. Just make sure you understand the pro-rata rule implications if you have existing traditional IRA balances, and document everything properly for tax reporting purposes.

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GalaxyGlider

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This is really helpful context! I had no idea the backdoor Roth was essentially an accident from overlapping legislation. It's fascinating how tax policy can have these unintended consequences that become widely accepted practices over time. One thing I'm curious about - you mentioned the IRS has published guidance on reporting these transactions. Do you happen to know which forms or publications specifically address this? I want to make sure I'm handling the reporting correctly when I file next year.

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Giovanni Rossi

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They switched mine too!!! Hoping this means were getting closer to that bag ๐Ÿ’…

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Aaliyah Jackson

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manifest that refund sis โœจ๏ธ

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Chloe Martin

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I had the exact same thing happen! Went from 05 to 04 about 3 weeks ago and was stressing about it. But like DeShawn said, it just means they're processing more frequently. I actually got my 846 code (refund issued) yesterday! The cycle change was definitely a good sign in my case. Hang in there, sounds like you're getting close! ๐Ÿคž

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Diego Chavez

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That's so encouraging to hear! @ede23eb59764 this definitely sounds like good news for you too. Three weeks from cycle change to refund issued is a pretty solid timeline. Thanks for sharing your experience! ๐Ÿ™

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Norah Quay

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Something no one mentioned - make sure your sister doesn't check the box saying "someone can claim me as a dependent" on her return if she files separately. If she does that AND you claim her, it could cause issues because her return would be saying one thing while yours says another. I had this mess with my son when he filed his own return while I claimed him as a dependent. It triggered a review that delayed my refund by almost 3 months!

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Owen Devar

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Thanks for pointing this out! She already filed her return and I just texted her to check if she selected that option. I'm going to ask her to show me her return tonight so I can verify everything matches up with what I filed. Did you end up having to amend either return in your situation?

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Norah Quay

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In our case, my son had to file an amended return to correct his mistake. He had checked "someone can claim me as a dependent" but also claimed his own personal exemption (this was before the tax law changes). It wasn't a huge deal to fix, but it did delay things. The most important thing is making sure all the facts are consistent across both returns. If she filed saying she can't be claimed as a dependent, but you claimed her, that's where the IRS gets confused and may flag both returns for review.

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Leo McDonald

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As someone who works at a tax preparation office, I'd recommend gathering and keeping all these documents in a folder in case you get audited: - Her school records showing your address - Medical bills you paid for her - Utility bills showing your address - Bank statements showing you paying for her expenses - Her ID with your address - Any leases or housing documents with her name Even if your mom tries to claim her, you have residency on your side which is the biggest factor in the IRS tiebreaker rules.

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Jessica Nolan

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Do you need original documents or are copies/screenshots okay? I have similar issues with my nephew who lives with me but his mom claims him every year even though she barely sees him.

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Paolo Rizzo

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Copies are usually fine for most documentation, but keep the originals just in case. The IRS typically accepts clear photocopies or printed screenshots for things like bank statements, utility bills, and school records. For really important stuff like lease agreements or official school enrollment documents, I'd recommend keeping the originals handy. In your situation with your nephew, focus on documenting where he actually sleeps most nights and who pays for his day-to-day needs. School records showing your address are gold, along with any medical appointments you've taken him to. The IRS really looks at the "facts and circumstances" test - who's actually providing the primary support and housing.

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