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Don't forget to check if your LLC's agreement has any specific language about debt guarantees and allocations. Ours had a special provision that said debt basis would be allocated according to capital contributions regardless of guarantees, which apparently overrides the default tax rules. Our tax attorney said this was enforceable as long as it had "substantial economic effect" under 704(b). Might be worth checking your docs for similar provisions.

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Our operating agreement doesn't have anything specific about debt allocations, just the standard profit/loss percentages. Does that mean we default to allocating based on the guarantees? And what if a member who guaranteed the debt has a negative capital account - does that change anything?

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Without specific debt allocation provisions, you'll default to the general tax rules which typically assign recourse debt basis to those bearing the economic risk of loss - meaning your guarantors. A negative capital account doesn't change the debt allocation rules, but it's actually a good sign that the member might need that debt basis. The debt allocation essentially helps prevent a partner from going too negative in their capital account. This is why guarantors often want that debt basis - it gives them more ability to take losses without triggering basis limitations.

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Our LLC had this exact issue last year. We ended up allocating the debt 50/50 to the two guarantors for basis purposes, but then had a separate "guarantee fee" that the non-guaranteeing members paid to the guarantors as compensation for taking on the risk. This fee was negotiated as a percentage of the debt guaranteed. Might be a fair way to handle the economic reality that some members are taking more risk than others.

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Alexis Renard

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Is the guarantee fee tax deductible to the LLC? And how do the guarantors report that income? As ordinary income or something else?

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Nia Harris

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The guarantee fee would typically be deductible to the LLC as a business expense if it's reasonable and directly related to obtaining the financing. For the guarantors, it's usually reported as ordinary income since it's compensation for services (providing the guarantee). Just make sure to document the arrangement properly - you'll want a written agreement specifying the fee structure and the business purpose. The IRS likes to see that guarantee fees are reasonable compared to what you'd pay a third party for similar guarantee services. We structured ours as 1.5% annually of the guaranteed amount, which our attorney said was within typical commercial ranges.

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Sasha Ivanov

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Ugh, I made a HUGE mistake with this last year. I got a 1099-K from PayPal for about $8,500 in sports betting deposits and freaked out, so I just reported it all as "Other Income" without deducting my losses. Basically paid taxes on money that was just moving between accounts. Anyone know if I can still file an amended return for 2024? And what forms I would need to do that?

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Liam Murphy

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You can file an amended return using Form 1040-X. You generally have 3 years from the original filing deadline to amend a return, so you're definitely still within the window for 2024 taxes.

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Gavin King

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This is exactly why proper record-keeping is so crucial for online gambling! I went through a similar situation with BetRivers and Cash App transactions last year. The key thing to remember is that the 1099-K threshold dropped to $600 in 2022, so a lot more people are getting these forms now who never received them before. This is causing massive confusion because people think they owe taxes on the full amount shown. One thing I'd add to the great advice already given - if you're planning to continue sports betting, consider opening a dedicated bank account just for gambling transactions. This makes it much easier to track deposits, withdrawals, and actual net gains/losses for tax purposes. It also helps separate your gambling activity from your regular finances, which can be helpful if the IRS ever has questions. Also, don't panic about the 1099-K! The IRS is aware that these forms often show transaction volume rather than taxable income, especially for gambling and online sales. As long as you report your actual gambling winnings correctly and keep good documentation, you'll be fine.

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Great advice about the dedicated bank account! I wish I had thought of that before this mess. Quick question though - if I set up a separate account now for future betting, do I need to report that to the IRS somehow? Or is it just for my own record keeping purposes? Also, you mentioned the $600 threshold - does that mean if I keep my annual deposits under $600 I won't get a 1099-K? Or is it based on something else?

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I got audited in 2023 for my 2021 taxes. I filed in February 2022 and got the audit notice in November 2022, so about 9 months later. It was a mail audit and all they wanted was documentation for my charitable donations, which I had (thank god lol). The whole thing was way less scary than I thought it would be. Just make sure u keep good records for at least 3 years and you'll be fine!

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Paolo Rizzo

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This is reassuring. Was it easy to respond to them? Did you have to mail physical documents or could you upload them somewhere?

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Just wanted to add some perspective on the extension question since no one addressed that part yet. Filing an extension doesn't increase your audit risk at all - it's actually pretty common and the IRS expects millions of people to file extensions every year. The extension just gives you more time to file your return, but your tax liability is still due by the original deadline if you owe anything. One thing that might help with your anxiety is knowing that audit rates are actually pretty low overall. For most individual taxpayers, it's less than 1%. Even with a Schedule C, unless you're claiming unusually high expenses or have income over $200k, the odds are still very much in your favor. Keep all your receipts and documentation for that side gig though - having good records is your best protection if anything ever does come up!

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This is really helpful, thanks! I was worried that filing an extension might make it look like I was trying to hide something or buy time to "fix" my return. Good to know it's actually normal and doesn't raise any red flags. The <1% audit rate is definitely reassuring. I think I've been psyching myself out because my friend's audit experience was so stressful, but you're right that the odds are really low. I've been keeping all my receipts and records organized in a folder, so at least I'm prepared if anything does happen. Do you happen to know if there's a difference in audit rates between people who file early vs. late in the season? I filed in February and I'm wondering if that timing affects anything.

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Kara Yoshida

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This is such a common and frustrating issue! I went through something similar with my employer not withholding city taxes correctly. Here's what I learned from my experience: First, definitely keep detailed records of every interaction - dates, names, what was promised, etc. This documentation becomes crucial if you need to escalate. Second, consider sending a formal written request (email works) to both your direct supervisor and HR, clearly stating that your local income tax withholding is incorrect and requesting immediate correction. Sometimes putting it in writing gets more attention than verbal requests. If they continue to drag their feet, you absolutely should make quarterly estimated payments to your local tax authority. It's much better to stay current than deal with penalties and interest later. Most local tax departments have online payment systems that make this pretty straightforward. One thing that worked for me was calculating the exact dollar amount I was losing each pay period and presenting that to HR as a "this is costing me X dollars every two weeks" - sometimes putting a specific dollar figure on it helps them understand the urgency from your perspective. Don't give up! You have every right to have your taxes withheld correctly, and there are definitely ways to get this resolved.

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Great advice about the quarterly payments and documentation! I'm curious - when you made those quarterly estimated payments, did you have to file any special forms with your employer to show that you were handling the tax obligation yourself? I'm worried that if I start making direct payments to the city, my employer might think the issue is "solved" and become even less motivated to fix their withholding system. Did you run into that problem at all?

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That's a really smart question! I didn't have to file any special forms with my employer when I started making quarterly payments - those are between you and the tax authority only. But you're absolutely right to be concerned about the employer losing motivation to fix it. What I did was make it crystal clear in my follow-up communications that the quarterly payments were a temporary measure to protect myself from penalties, NOT a permanent solution. I actually included language like "I am making estimated payments to avoid penalties while we resolve this payroll issue" in my emails to HR. I also set a deadline for myself - I told them I needed the withholding fixed within 60 days or I would be escalating to the state labor department. Sometimes you need that external pressure to get action. The quarterly payments bought me time to pursue the proper resolution without risking penalties, but I made sure they knew this wasn't letting them off the hook. The key is framing it as "I'm protecting myself while YOU fix this" rather than "I'm handling it myself now.

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I went through this exact same frustration a couple years ago! What finally worked for me was escalating beyond just HR to the actual payroll department manager or finance director. Sometimes HR doesn't have the technical knowledge to fix payroll system issues, but the people who actually run payroll do. Here's what I'd suggest: Send one final email to HR with a clear deadline (like "Please confirm this will be resolved by [specific date]") and copy your supervisor. If that doesn't work within your stated timeframe, reach out directly to whoever manages payroll operations at your company. In the meantime, definitely start setting aside that 2.3% yourself, but consider opening a separate high-yield savings account just for this purpose. That way the money earns a little interest while you're waiting, and it's completely separate so you won't accidentally spend it. Also, when you do get this resolved, make sure to ask them to calculate and withhold the back-taxes they missed from previous pay periods. You shouldn't have to chase them for that too!

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Donna Cline

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How does everyone track the 74% rental vs 26% personal use split accurately? I'm using a spreadsheet but it's getting super confusing with all the different categories of expenses.

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I use QuickBooks and set up two classes - "Personal" and "Rental" - then tag each expense. At the end of the year I can run reports showing exactly what percentage went to each category. Makes it super simple come tax time.

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Mila Walker

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Just went through this exact scenario last year! One thing that really helped me was creating a detailed timeline of when the property transitioned from personal to rental use. I marked the exact date I moved out as my primary residence versus when it became available for rent - these can be different dates and it matters for your calculations. Also, don't forget about the "de minimis safe harbor" rule if you have small repairs during the transition. Items under $2,500 can often be fully deducted in the year incurred rather than depreciated, which can be beneficial for expenses incurred while preparing the property for rental. For your 74%/26% split, make sure you're using the right method - some expenses get allocated based on time (like utilities), while others might need to be allocated based on square footage if you're dealing with mixed-use spaces. The IRS is pretty specific about which allocation method to use for different types of expenses.

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Rosie Harper

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This is really helpful! I'm dealing with a similar situation and hadn't thought about the difference between move-out date and rental-ready date. Quick question - how do you determine the exact date when the property becomes "available for rent"? Is it when you finish preparing it, when you list it, or when you actually start showing it to potential tenants? I want to make sure I'm calculating my rental period correctly for the expense allocation.

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