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Can I claim my mom with dementia as a dependent if I'm the annuity owner but she's the annuitant?

I made a serious mistake last year that's coming back to haunt me tax-wise. My mother has dementia and I've been managing her finances. She receives monthly payments from a fixed annuity that continues until her death. In December 2022, I called the annuity company to get access to her account, and they suggested I could transfer ownership to myself while keeping her as the annuitant who receives the payments. Fast forward to now, and I've received a 1099-R showing all the annuity income as MY taxable income, even though every payment goes directly into her bank account! She has virtually no tax liability while I'm in a much higher bracket, so this means I'm looking at paying thousands in additional taxes. I'm obviously transferring ownership back to her, but the company says there's nothing that can be done about 2023 - I'll have to pay taxes on this income. Since these payments are appearing as my income, I'm wondering if I can count it as support I'm providing for her care? Beyond the annuity, I pay a significant portion of her monthly expenses to keep her in her home. She receives Medicaid with an aide for part of the day, but I still cover some of her rent and other costs even after her Social Security and this annuity income. If I can include the annuity as support I'm providing, the total might be enough to claim her as a dependent. Is there anything else I could do to reduce this unexpected tax burden? I'm currently looking for a good tax professional since I've always handled my taxes myself, but this situation is beyond what I'm comfortable figuring out on my own.

Nia Wilson

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Don't forget about the Medical Expense deduction! If you're itemizing deductions and paying medical expenses for someone who qualifies as your dependent (which sounds like your mom would), you can deduct those expenses that exceed 7.5% of your AGI. This could include portions of her assisted living costs that are for medical care, prescription medications, medical equipment, etc.

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This is huge. My mother-in-law was in memory care last year and we were able to deduct about 60% of the facility costs as medical expenses based on documentation from the facility. Made a big difference on our taxes.

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I went through something very similar with my grandmother's annuity last year. One additional strategy you might consider is making estimated tax payments for Q4 2024 if you haven't already transferred the annuity back to your mom yet. This can help reduce any underpayment penalties and spread out the tax burden. Also, when you do transfer ownership back to her, make sure you get proper documentation from the annuity company about the effective date of the transfer. This will be crucial for determining which tax year the income should be reported in going forward. Since you're looking for a tax professional, I'd specifically seek out an Enrolled Agent (EA) rather than just a regular tax preparer. EAs are federally licensed and have more specialized training in complex situations like this. They can also represent you before the IRS if any questions come up about your dependency claim or the annuity reporting. The dependency exemption combined with potentially qualifying for the Child and Dependent Care Credit that others mentioned could significantly offset your unexpected tax liability. Document everything carefully - keep records of all payments you make for her care, the annuity statements showing payments going to her account, and any medical expenses you pay on her behalf.

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Has anyone looked into whether a Registered Domestic Partnership in states that offer them (like California) helps with this federal tax issue? My understanding is that it doesn't help with federal taxes but I'm not 100% sure.

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QuantumQuest

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Unfortunately, even in states with Registered Domestic Partnerships, the federal tax issue remains. The IRS only recognizes legal marriage for tax purposes, not state-registered domestic partnerships. While your state return might have some benefits if you're in a state that recognizes domestic partnerships for state tax purposes, the federal imputed income issue will persist unless you're legally married or your partner qualifies as your dependent under the strict IRS definition.

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Amina Bah

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I went through this exact same situation two years ago and it was incredibly frustrating! The imputed income from my partner's health insurance added $6,900 to my taxable income, which ended up costing us about $2,200 extra in federal and state taxes. Here's what I learned after doing extensive research and talking to a tax professional: 1. The dependent route is really difficult unless your partner has very low income (under $4,400 gross) and you provide more than half their support. Most working adults won't qualify. 2. You can't deduct the insurance premiums you pay for your partner like you could for a spouse, so there's no direct offset available. 3. Marriage really is the cleanest solution if you're planning to do it anyway. We got married in September and it eliminated the issue entirely for that portion of the year going forward. 4. Some employers offer "gross-up" payments to help offset the tax burden, but this is rare. Might be worth asking your HR department if they have any programs to help with this. The silver lining is that at least you're getting valuable health coverage for your partner, even if the tax treatment is unfair. But I totally understand the sticker shock - it really should be changed at the federal level to treat committed partnerships more equitably.

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This is really helpful context, thank you! I had no idea some employers offer "gross-up" payments to help with the tax burden. I'm definitely going to ask our HR department about that - even if it's rare, it's worth checking since this is such a significant financial impact. The dependent qualification requirements seem almost impossible to meet for most couples where both partners are working. It's frustrating that the tax code hasn't been updated to reflect modern relationships. Your point about the marriage timing is encouraging though - knowing that getting married partway through the year would help with at least the remainder of the tax year makes the decision easier to make sooner rather than later.

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Ava Johnson

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Has anyone ever successfully challenged their W-2 when it included unvested RSUs? My company seems to be reporting the full grant value upfront, and HR keeps insisting it's correct but everything I've read says that's wrong??

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If your W-2 truly includes unvested RSUs as current income, that's definitely incorrect and should be challenged. RSUs should only be reported as income in the year they vest, not when they're granted. To verify this is actually happening, check your pay statements carefully. Sometimes what appears to be reporting of unvested RSUs is actually something else (like imputed income from benefits). If you've confirmed the error, request a corrected W-2 (Form W-2c) from your employer with documentation showing the unvested RSUs shouldn't be included. If they refuse, you can contact the IRS for help resolving the dispute.

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Jean Claude

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I had a very similar situation last year and it drove me crazy until I figured out what was happening! The key is to understand that there are multiple ways income gets reported and timing differences that can make things confusing. First, make sure you're comparing the right numbers. Your W-2 Box 1 should match your year-end paystub's "YTD Federal Taxable Wages" - not your gross pay. Pre-tax deductions like 401(k) contributions, health insurance premiums, and HSA contributions reduce Box 1 but are still part of your total compensation. For RSUs, you're absolutely right that unvested shares shouldn't be taxed. Only RSUs that actually vest during 2023 should appear as income. However, when they do vest, they're taxed at their fair market value on the vesting date, which might be different from the grant value if your stock price has changed. The imputed income items you mentioned (Imp GTL, Imp Legal, Imputed Ben) are benefits your company provides that the IRS considers taxable income even though you don't receive cash. These can add up to more than you'd expect over a full year. I'd recommend pulling your final 2023 paystub and your RSU vesting schedule to do a line-by-line comparison with your W-2. That should help you identify exactly where the discrepancy is coming from before reaching out to HR or a tax professional.

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StarStrider

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This is really helpful advice! I'm actually dealing with something similar right now where my W-2 numbers don't match what I calculated from my paystubs. The point about comparing W-2 Box 1 to "YTD Federal Taxable Wages" rather than gross pay is something I hadn't considered - I was definitely looking at the wrong numbers. I have a question about the RSU vesting schedule comparison you mentioned. When I look at my RSU account, it shows vesting dates throughout the year, but some of the amounts seem to have been automatically sold right away. Should I be looking at the gross value that vested or the net amount I actually received after the automatic tax withholding sales? Also, do you know if there's typically a delay between when RSUs vest and when they show up on your paystub? I'm wondering if some December vesting events might have been included in my W-2 but not my last paystub of the year.

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Nia Wilson

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Everyone here is giving good info, but remember that if you got subsidies (premium tax credits) through the marketplace plan, make sure your income reported on the tax return matches what you estimated when you applied for coverage. If your income ended up higher than expected, you might have to pay back some of the subsidy. This is separate from the 1095-C issue but related to your overall health insurance situation.

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This is so important! I got hit with a huge tax bill last year because I underestimated my income and had to pay back $2300 in premium tax credits. Check line 9 on your 1095-A and make sure you reconciled that with Form 8962.

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Just want to echo what others have said - you're totally fine! The 1095-C is basically just a paper trail showing your employer offered you coverage, but since you declined it and went with a marketplace plan, you don't need to do anything with it. I had the exact same panic last year when my employer gave me my 1095-C after I'd already filed. Spent hours researching and even called a tax preparer who confirmed that as long as I used my 1095-A correctly (which it sounds like you did), the 1095-C is just for record keeping. The key thing is that you qualified for marketplace subsidies because your employer's plan was unaffordable - that $380/month sounds absolutely ridiculous! Keep the 1095-C in your files but don't stress about amending your return.

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Caesar Grant

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I feel your frustration! This exact thing happened to me two years ago and it was such a headache. Since you have email documentation proving you selected single/0, you're in a much better position than I was. Here's what worked for me: I escalated beyond payroll to the HR director with my email proof and demanded they provide a written explanation of how the error occurred. Once I involved someone higher up, they took it seriously and not only corrected my withholding going forward but also calculated exactly how much I was underwitheld. For the immediate fix, ask your employer to process a "supplemental withholding" on your next paycheck to help catch up some of the difference. Many payroll systems can do this as a one-time adjustment. Also, don't panic too much about owing taxes - as long as you end up paying at least 90% of what you owe by the tax deadline, any underpayment penalties are usually pretty small. The IRS is generally reasonable about honest mistakes, especially when you can document that it wasn't your fault. Keep pushing your employer on this - they made the error and they should help make it right!

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This is really helpful advice about escalating to HR director level! I'm curious about the "supplemental withholding" you mentioned - is this something most payroll systems can handle, or does it require special approval? My company uses ADP and I'm wondering if I should specifically ask for this by name when I talk to them again. Also, when you say they calculated how much you were underwitheld, did they provide that calculation in writing? I want to make sure I have documentation of everything in case I need it later.

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This is such a stressful situation, and I completely understand your frustration! I went through something very similar last year where my employer incorrectly processed my W-4 as married filing jointly instead of single, and it was a nightmare to sort out. The fact that you have email documentation is huge - that's your smoking gun. Don't let payroll brush you off again. Here's what I'd recommend based on my experience: 1) Print out that email documentation and schedule a formal meeting with HR (not just payroll). Bring copies of your recent paystubs showing the incorrect withholding amounts. 2) Ask them to provide you with a written timeline for when they'll correct your withholding status and how they plan to address the underwithholding that's already occurred. 3) Request they calculate the exact dollar amount you've been underwithheld so far this year - you'll need this number regardless of how you choose to make up the difference. For the immediate stress relief, remember that owing taxes isn't the end of the world. The IRS has payment plan options, and if you can show the error was your employer's fault (which you can with that email), they're often willing to work with you on any potential penalties. Also, definitely run your numbers through the IRS withholding calculator once you get this sorted out - it'll give you peace of mind about your tax situation going forward. You've got this! The documentation puts you in a strong position to get this resolved.

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This is incredibly helpful advice! I'm in a similar situation right now and I'm definitely going to use your approach about requesting a written timeline from HR. One question - when you mention asking them to calculate the exact underwithholding amount, did they actually cooperate with that? I'm worried my company might push back and say it's not their responsibility to do those calculations. Also, how long did it take to get your withholding corrected once you escalated to HR level? I'm trying to figure out if I should also start making estimated payments while I wait for them to fix it.

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