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Inheritance in the USA - Stocks and USD - Need help with IRS Transfer Certificate and Form 706-NA

My father recently passed away and left us some stocks and US dollars in an American depository bank. Both he and us (the heirs) are non-residents and non-citizens of the US. He regularly submitted the W8-BEN form while he was alive. We've been in touch with someone at the custodian bank who's asking for four documents: death certificate, certificate of inheritance, passport copy, and an IRS Transfer Certificate. We have the first three ready to go, but this IRS Transfer Certificate is giving us a headache. The bank employee told us to check the IRS website or call them regarding transfer certificate requirements for estates of non-resident non-citizens. According to what I found, since the value is around $70k (above the $60k threshold), we need to file Form 706-NA and then fax it to the IRS. My questions are: 1. Can we complete the 706-NA ourselves or do we need a tax professional? 2. If we file the 706-NA, do we also need to file Form 706? 3. Is "filing" simply a matter of printing the forms, filling them out, and mailing them? I'm particularly confused about completing the 706-NA since it requires declaring non-US assets in USD and has lots of references to "Schedule A" and "Schedule B" that I don't fully understand. Has anyone gone through this process themselves or with professional help? Any guidance, motivation, or pointers would be greatly appreciated. We're confident we could do it ourselves but want to avoid mistakes given the circumstances.

Another thing to consider is that different countries have different inheritance tax treaties with the US. This can affect what assets are subject to US estate tax and how the transfer certificate process works. For example, if your father was a resident of a country that has an estate tax treaty with the US (like UK, Germany, France, etc.), you might be entitled to more favorable treatment or simplified procedures. Worth checking if your country has such a treaty!

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CosmicCowboy

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Thank you for bringing this up! My father was a resident of Germany, which I believe does have an estate tax treaty with the US. Do you know how this might specifically affect our filing requirements for the 706-NA or the transfer certificate process?

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Yes, Germany does have an estate and gift tax treaty with the US! This is good news for you. The treaty provides several benefits that may simplify your situation. Under the US-Germany treaty, you may be entitled to a pro-rated unified credit against the US estate tax, beyond the standard $13,000 credit given to non-treaty countries. This often results in no US tax being due for estates under a certain threshold. Additionally, the treaty clarifies which country has primary taxing rights for certain types of assets, potentially reducing double taxation. For the 706-NA filing specifically, you'll need to cite the treaty provisions you're relying on (usually in an attached statement). You should also include documentation proving your father's German residency at time of death. While you still need to file the 706-NA to get the transfer certificate, the treaty provisions may reduce your reporting burden or tax liability.

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One thing nobody mentioned yet - be careful about the timing! There's a 9-month deadline from the date of death to file Form 706-NA. If you miss this deadline, you might face penalties or complications. Also watch out for currency conversion - all values have to be in USD based on the exchange rate on the date of death, not the current rate. The IRS is very specific about this.

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Omar Farouk

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Is there any way to get an extension on that 9-month deadline? My aunt passed away 7 months ago and we're just now figuring out she had US investments. Getting all the documents together in 2 months seems impossible!

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Omar Zaki

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Hey I'm actually a yoga studio owner! When we process refunds through Zelle from our business account, we categorize them as refunds in our accounting system, not as payments for services. This means they don't get reported to the IRS as income paid to you. From your side, you don't need to report it as income since you're just getting your own money back. It's no different than if you returned a product to a store and got your money back.

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Paolo Ricci

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Thanks so much for sharing from the business owner perspective! That makes me feel a lot better about how it's being handled on their end. I was just worried because I've never received a Zelle payment from a business account before, only from friends and family.

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I just wanted to add that if you're ever unsure about similar situations in the future, it's helpful to think about the economic substance of the transaction rather than just the payment method or source. In your case, you paid money for a service, didn't receive the full value of that service, and got your money back. The net effect is that you're in the same financial position as if you never made the original payment at all. That's the hallmark of a non-taxable refund. The IRS looks at substance over form, so even though it came through Zelle from a business account, the underlying transaction is still just returning your own money to you. Keep that receipt or confirmation from the yoga studio showing it was processed as a membership refund, and you should be all set!

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One thing nobody mentioned yet - make sure your purchase contract addresses FIRPTA! Our contract had no mention of it, and when we discovered the seller was foreign, there was disagreement about who would bear the costs associated with the withholding process. The seller tried to increase the purchase price to offset the withholding amount, which of course we refused. It created a lot of unnecessary tension. Your purchase agreement should clearly state that the seller will provide all necessary FIRPTA documentation and that any required withholding comes from their proceeds, not as an additional cost to you.

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Oscar Murphy

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That's really helpful advice! I just checked our purchase agreement and there's literally no mention of FIRPTA at all. Would this be something I should have my real estate attorney add as an addendum now, or is it too late since we've already signed?

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It's definitely not too late to address this through an addendum. I would have your attorney draft language specifically stating that the seller must provide appropriate FIRPTA documentation before closing and confirm that any withholding amounts come from the seller's proceeds. Most sellers will agree to this since it's a standard practice, but getting it in writing now will prevent any last-minute complications or disputes. Your attorney or title company should be able to handle this fairly easily with a simple addendum that both parties sign.

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Make sure your title company or closing attorney is experienced with FIRPTA! Our first title company made a mess of our FIRPTA withholding and nearly caused us to miss our closing date. We switched to a different title company that had specific experience with international sellers, and the difference was night and day. They knew exactly which forms were needed, helped the seller complete them correctly, and handled the withholding and submission to the IRS.

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How did you determine whether a title company had FIRPTA experience? Did you just ask them directly or was there something specific you looked for?

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Have you checked if there's a difference in the reported income or withholdings between the two W-2s? Sometimes companies split reporting if there were changes in your compensation or tax status mid-year.

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I haven't looked that closely yet, but that's a great idea. I'll definitely compare them side by side tonight.

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This is actually pretty common when companies switch payroll systems mid-year! I'd definitely start by calling your employer's HR or payroll department first - they'll be able to tell you right away if this was intentional (like a mid-year switch from ADP to Gusto) or if one of them is a mistake. In the meantime, compare the two W-2s carefully - check if the pay periods, income amounts, and tax withholdings are different or if they overlap. If they're for different parts of the year, you'll need both for your tax filing. If they're duplicates of the same info, HR should issue a corrected W-2. Don't stress too much - this happens more often than you'd think!

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Tyrone Hill

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I'm a tax preparer, and this home office mileage question comes up a lot with my clients. The key distinction is whether your home office qualifies as your "principal place of business" under IRS rules. If it does (which sounds like your case), then travel from your home office to other business locations is generally deductible. However, the IRS will look at the "regular or principal place of business" for each of your income streams separately. So if one of your side hustles has a different principal location, the rules might apply differently to travel for that specific business activity. Make sure you keep a detailed mileage log with dates, starting/ending locations, business purpose, and miles driven. Also document how the library qualifies as a legitimate business location (what work you do there, why it's necessary for your business, etc.).

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Harmony Love

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Thanks for this insight! How exactly does the IRS define "principal place of business"? I definitely do most of my work from my home office, but now I'm wondering if I need to track hours or something to prove it.

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Tyrone Hill

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The IRS generally considers your home office to be your "principal place of business" if you use it regularly and exclusively for administrative or management activities of your business, and you have no other fixed location where you conduct these activities. You don't necessarily need to spend the most time there, but it should be where you handle your core business functions. You don't need a formal hour-tracking system, but it's good practice to document how you use your space. Take photos of your home office setup, keep receipts for office equipment, and maintain records of the work you regularly perform there. This creates a paper trail showing that your home truly is your main business location, which strengthens your case for deducting travel to other work locations.

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Just want to point out something that helped me with a similar situation - the "temporary work location" rule might apply here. According to IRS Publication 463, if you have a regular place of business (your home office) and you travel to a temporary work location (the library), those miles can be deductible. But there's a catch - if you go to the library regularly and it becomes a "regular place of business" rather than a temporary location, the rules change. The IRS doesn't have a precise definition of how frequent is too frequent, but it's something to be aware of.

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This is actually really helpful! I wonder if going to different libraries or coffee shops would help establish that they're temporary locations rather than regular places of business? Like if you rotate between 3-4 different spots instead of always going to the same one?

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Adriana Cohn

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That's a smart strategy! Rotating between different locations can definitely help support the argument that these are temporary work locations rather than establishing a second regular place of business. The IRS looks at patterns of use, so varying your locations shows you're not setting up a fixed secondary office. I'd also suggest keeping notes about why you chose each location for specific work tasks - maybe the main library has better research databases, the branch library is quieter for client calls, or a coffee shop has better wifi for certain projects. This business justification strengthens your case that these are legitimate temporary work locations rather than just personal preference. Just make sure to still maintain detailed mileage logs for each trip, regardless of which location you visit. The documentation is key for any potential IRS questions down the road.

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