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Ask the community...

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Logan Stewart

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Has anyone used the "qualifying relative" designation rather than "qualifying child" for an adult disabled sibling? I'm in a similar situation but my brother is 42 and permanently disabled from a work accident. Not a veteran but gets SSDI. The IRS publication is so confusing about which category to use.

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Mikayla Brown

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Yes, you'd use "qualifying relative" for an adult sibling. The "qualifying child" category has an age limit (generally under 19, or under 24 if a student) unless they're permanently and totally disabled. But even with the disability exception, "qualifying child" is primarily for your own children, stepchildren, foster children, siblings, or descendants of any of these. For an adult brother, "qualifying relative" is the right category, and the requirements are: 1) they don't have to be related if they live with you all year, but siblings qualify regardless, 2) their gross taxable income must be less than $4,400 (for 2023), 3) you provide more than half their support, and 4) they're not filing a joint return except to claim a refund.

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Isaac, based on your detailed description, you should definitely be able to claim your brother as a qualifying relative dependent. The key points working in your favor: 1) **VA disability and SSDI don't count toward gross income test** - These tax-exempt benefits won't disqualify him from dependency status, regardless of the monthly amount. 2) **Support test calculation** - When calculating the 50% support test, include the fair rental value of his housing in your home, utilities, food, transportation, medical expenses not covered by insurance, and other living costs. Your brother's disability payments only count as "support he provides for himself" if he actually uses them for support expenses. 3) **Your caretaker role strengthens your case** - The fact that the VA officially designated you as his caretaker and recognizes his need for full-time care due to cognitive impairment from TBI supports the dependency relationship. 4) **Potential additional benefits** - As his caretaker, you may qualify for Head of Household filing status (if unmarried) and potentially the Credit for Other Dependents. Given his cognitive impairment and your role as his VA-designated caretaker, this seems like a clear-cut case for claiming him as a dependent. The IRS recognizes that disabled individuals may receive significant non-taxable benefits while still being legitimately dependent on others for support.

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Ravi Sharma

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This is really helpful information! I'm new to dealing with dependent situations involving disability benefits. One question - you mentioned the Credit for Other Dependents. How does that work exactly? Is it different from the Child Tax Credit, and what's the dollar amount? Also, since Isaac mentioned his brother spends the disability money impulsively due to brain injury, would that actually help with the support test calculation? Like if the brother isn't using those funds for legitimate support expenses, do they still count as "support he provides for himself"?

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Just received IRS notice claiming I didn't report my home sale - need advice

We purchased our home back in 2015 and sold it in 2023 for about $215k more than what we paid. This was definitely our primary residence the entire time we lived there. I thought profits from selling your main home weren't taxable (up to a certain amount) and didn't need to be reported on tax returns. Well, I just got a lovely CP2501 notice from the IRS saying we failed to report the sale as compensation. Apparently they received a 1099 from the title company who handled our closing. I have the same 1099 in my files too. Now I need to respond to the IRS letter stating whether I agree or disagree with their proposed changes. If I agree, they'll send another notice with the additional tax they think I owe. I'm pretty sure I'm right about not owing taxes on this sale, but how do I properly explain this to the IRS? Their instructions for responding are super vague. I called the IRS and the person I spoke with basically said "I'm not a tax lawyer" and couldn't confirm whether I should owe taxes or not. She just suggested I talk to a CPA. When I checked my FreeTaxUSA account, I realized I DID enter all the home sale information, but it never generated a Schedule D. After calling their support, we discovered there's an option saying "reporting this sale is not mandatory, check this box to report it anyway" that I had skipped. When I check that box, it creates a Schedule D showing I don't owe anything. Should I amend my return with the Schedule D? Or is there another way to respond to the IRS notice? Really appreciate any help here!

Sofia Torres

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Has anyone else had an issue where their tax software didn't generate the right forms? I used TaxAct this year and had a similar problem with some investment sales not showing up on the right forms even though I entered everything correctly.

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I've had issues with multiple tax software programs. I've found that TurboTax and H&R Block are generally better at catching these edge cases where something technically doesn't need to be reported but should be to avoid IRS notices. The cheaper software often misses these nuances.

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Honorah King

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I went through this exact same situation two years ago and can confirm that responding to the CP2501 notice with proper documentation is the right approach. Don't panic - this is actually a very common issue that gets resolved easily once you provide the right information. Here's what worked for me: I wrote a clear letter explaining that the property was my primary residence for over 2 years, included copies of my purchase documents showing the original cost basis, the 1099-S form, and proof of residence (utility bills, voter registration, etc.). I also calculated the exact gain and showed it was well under the $250k/$500k exclusion limit. The key is being thorough in your documentation. Include everything that proves: 1) When you bought the house, 2) When you sold it, 3) That it was your primary residence for at least 2 of the last 5 years, and 4) Your actual capital gain calculation. I mailed everything certified mail and got a letter back about 8 weeks later confirming no additional tax was due. The IRS just needed to see that I was aware of the sale and properly claiming the exclusion. Don't amend your return unless you absolutely have to - responding to the notice directly is much cleaner and faster.

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Amara Adebayo

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This is really helpful advice! I'm curious about the timeline - you mentioned getting a response in 8 weeks. Did you follow up at all during that time, or did you just wait it out? I'm always worried that my mail gets lost or they need additional information and I won't know about it until much later. Also, do you remember if you included any specific tax code references in your letter, or did you just explain the situation in plain English?

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I just waited it out and didn't follow up during those 8 weeks. I figured if they needed more information, they would send another notice. In retrospect, that might have been risky, but it worked out fine. As for the letter, I kept it in plain English but did reference Section 121 of the Internal Revenue Code (which covers the primary residence exclusion) just to show I knew what I was talking about. I didn't get too technical with citations though - I focused more on clearly stating the facts and providing solid documentation. The most important thing is making sure your letter is organized and easy to follow. I used bullet points to list out each requirement for the exclusion and how I met it. Something like: "β€’ Ownership test: Owned the property from [date] to [date] (more than 2 years)" and so on. This makes it easy for the IRS reviewer to quickly see that you qualify without having to dig through paragraphs of explanation.

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Has anyone dealt with the timing issue if you filed amended 941s to claim the ERC after you already filed your 1120-S for that tax year? I'm in this situation now - claimed ERC for 2021 quarters but already filed my 2021 1120-S before receiving the credit.

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Paolo Conti

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You'll need to file an amended 1120-S (Form 1120-S/X) to reduce the wage expense for the year the wages were paid, not when you received the credit. I just went through this exact situation with my company.

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Nasira Ibanez

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I've been dealing with this exact issue for my S-corp and can confirm what others have said - you absolutely need to reduce wage expenses by BOTH the refundable and non-refundable portions of the ERC on your 1120-S. The key thing to remember is that the ERC is essentially reimbursing you for wages you already deducted as business expenses. If you don't reduce your wage expense by the full ERC amount, you're getting a double tax benefit - once from deducting the wages and again from the credit. I'd also recommend keeping detailed documentation of how you allocated the ERC reduction between different wage categories (officer compensation vs regular wages) in case the IRS has questions later. This becomes especially important if you're claiming QBI deductions since the wage amounts on your K-1s will be affected by these reductions.

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Madison King

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This is exactly the guidance I needed! I'm also dealing with this on my S-corp return and was getting conflicting advice from different sources. Your point about the double tax benefit makes perfect sense - we can't deduct the wages AND keep the credit without adjustment. Quick follow-up question: when you say "allocated the ERC reduction between different wage categories," did you base that allocation on the actual employees whose wages qualified for the ERC, or did you just split it proportionally across all wage categories? I have both officer wages and regular employee wages, but only some of the employees' wages actually qualified for the ERC periods.

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This is so frustrating! I had the same issue - filed on 1/22 and never saw any advance option. Really wish TurboTax would be upfront about when these programs end instead of leaving us guessing. At least now I know for next year to file literally the first day possible if I want that advance. Thanks for posting this question - glad I'm not the only one who missed out!

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Same here! Filed on the 23rd and was so confused when I didn't see any advance option. Really appreciate everyone sharing their experiences - at least now we know it's not just us missing something obvious. Definitely going to mark my calendar for next year to file on January 1st if possible!

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Gianna Scott

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This happened to me too! Filed on 1/26 and was so confused when there was no advance option anywhere. Really wish they would put a clear notice on their website about when the advance program ends each year. It's frustrating to find out after the fact that you missed the cutoff by just a few days. At least we're all in the same boat though - sounds like a lot of people ran into this issue this season!

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Aidan Hudson

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Ugh yes! I filed on 1/28 and had the exact same experience - kept looking for the advance option and it was just nowhere to be found. Super annoying that they don't give any heads up about when it ends. At least now I know I wasn't doing anything wrong! Definitely setting a reminder for next January to file ASAP if I need that advance money.

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Faxed Amended Return from July 20th Missing from IRS System After 16 Weeks - Still "Unavailable" on Where's My Amended Return Tool

Filed my amended return and faxed it to the IRS on July 20th. My 16 weeks is coming up on Nov 8th but still no changes showing on my transcript. The old amounts are still there and nothing has updated. I've been checking "Where's My Amended Return" on the official IRS website but all I keep getting is the exact message that says "Your amended return information is currently unavailable in this application. It takes up to 3 weeks for an amended return to show on your account. You can generally expect your amended return to be processed within 16 weeks from the date we receive it. Check the date you filed your amended return and try again later." Even though the IRS specifically states on their page that it takes up to 3 weeks for an amended return to show on your account and you can generally expect your amended return to be processed within 16 weeks from the date they receive it, I'm still seeing nothing when I check. I've checked the date I filed repeatedly and tried again later like their message suggests, but still nothing. The old amounts are still there and nothing has updated. I'm on the IRS.gov official website, looking at the "Where's My Amended Return" tool. There's even an "Exit" button and "EspaΓ±ol" option at the top of the page. It has the official IRS logo and everything, with "IRS Privacy Policy" and "Accessibility" links at the bottom. I'm accessing this through my phone (shows 5G connection at the top of my screen). Getting really frustrated with this wait, especially since I'm approaching that 16-week mark they specifically mention in their own tool. Has anyone else had this issue where the IRS website keeps saying "Your amended return information is currently unavailable in this application" well after the 3-week mark when it should be showing up in their system?

Lucas Parker

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Pro tip: Keep checking your transcript every Tuesday and Friday morning. Thats when they usually update the system

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Logan Stewart

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thanks for the tip! didnt know that

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Just went through this exact same situation last year. Filed my amendment in August and the "Where's My Amended Return" tool showed that same "currently unavailable" message until January. What really helped me was setting up alerts on my IRS account to get notified when anything changed on my transcript. Also, if you have a local Taxpayer Advocate Service office, they can sometimes help if you're past the 16-week mark and experiencing hardship. The wait is brutal but hang in there - it will eventually get processed!

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