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Revocable Trust owns LLC that runs Amazon FBA business - Should income go on 1040 Schedule C or 1065?

I need some guidance from people who've dealt with this particular tax structure before. My wife and I are the grantors and co-trustees of a Revocable Trust that we set up last year. The Trust completely owns an LLC which runs our Amazon FBA business selling handmade jewelry. We live in Georgia (not a community property state) and we haven't made any special tax elections for the LLC. I'm trying to figure out how to properly report the business income from this arrangement. The way I see it, the LLC is a Single-Member LLC owned by the Trust, which makes it a disregarded entity for tax purposes. And since our Revocable Trust is a grantor trust (also disregarded), it seems like my wife and I should report the income on our personal tax return. But here's where I'm confused: 1. Should we report the business income on our 1040 using Schedule C, or do we need to file a Form 1065 partnership return? 2. If we use Schedule C, should we file two separate ones (one for each of us) or just one? I've researched this and understand that: - The LLC is a SMLLC owned by the Trust (disregarded entity) - Our Revocable Trust is a grantor trust (also disregarded) - An LLC owned by spouses in a non-community property state typically files Form 1065 - But since the LLC is owned by the Trust and not directly by us, maybe it's still just a SMLLC disregarded entity Anyone have experience with this specific setup? Appreciate any insights from knowledgeable folks.

One thing nobody's mentioned yet - what's the actual benefit you're trying to achieve with this structure? If it's just liability protection, there might be simpler ways to structure this. I had a Revocable Trust -> LLC structure for my business initially, and it was a huge headache for taxes. I ended up restructuring to simplify things. If it's for estate planning, have you considered whether a SMLLC owned by one spouse (with appropriate estate planning) might achieve your goals with less complexity? Or potentially an irrevocable trust structure if you're looking for asset protection?

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Evelyn Kim

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The main reason we set it up this way was for probate avoidance and simplified transfer if something happens to either of us. We have young kids and wanted to make sure the business could continue operating smoothly if either of us passed away unexpectedly. We did consider having just one of us own the LLC, but since we both actively work in the business, we wanted the structure to reflect our actual roles. The revocable trust seemed like a good solution for keeping everything under one umbrella, but I'm definitely open to simplifying if this creates unnecessary tax complexity.

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That makes sense for probate avoidance, but you might be overcomplicating things. A revocable trust can own business interests directly without needing the LLC layer in between if you're mainly concerned about probate. If you want liability protection AND probate avoidance, you might consider having the LLC owned directly by you and your wife (as joint tenants with right of survivorship or as tenants by the entirety if Georgia allows it), then creating transfer on death provisions in your operating agreement that specify how ownership transfers. This would still provide liability protection while simplifying the tax structure. For business continuity with minor children, you could include specific succession planning provisions in your operating agreement and potentially use life insurance held in an irrevocable trust to provide liquidity. I'd recommend consulting with an estate planning attorney who specializes in business succession planning - they might be able to suggest a cleaner structure that accomplishes your goals without creating tax filing complexity.

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Levi Parker

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Based on everything discussed here, it seems pretty clear that you'll need to file Form 1065 for your LLC. The consensus from multiple experienced folks is that the IRS will look through both disregarded entities (your revocable trust and the SMLLC) and see two ultimate beneficial owners in a non-community property state. I'd suggest getting this confirmed officially before filing, especially since you mentioned this is your first year with this structure. The penalty risks for filing incorrectly on partnership returns can be significant. Also, for next year's planning, you might want to evaluate whether this structure is still serving your needs. From what you've described about wanting probate avoidance and business continuity, there might be simpler ways to achieve those goals without the Form 1065 complexity. An estate planning attorney who works with business owners could probably show you some alternatives that accomplish the same objectives with cleaner tax reporting. Good luck with your filing - and congratulations on the successful Amazon FBA business!

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Nia Jackson

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This is really helpful - thank you for summarizing everything so clearly! As someone who's been lurking on tax forums trying to figure out similar issues, it's great to see such a thorough discussion with practical advice. One quick follow-up question for the group: if they do end up filing Form 1065, are there any specific things to watch out for in terms of how to allocate the income between the spouses on the K-1s? Since they're both actively working in the business, I assume it would be 50/50, but I'm wondering if there are any nuances with the trust ownership structure that might affect this. Also, @4d3a8e299772, have you considered whether you need to make quarterly estimated payments differently now that you're potentially moving from Schedule C to partnership taxation? The timing and calculation might be slightly different.

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Check if your housing might qualify as excludable under Section 119 of the tax code! If the housing was provided for the "convenience of the employer" and on the employer's premises, and you were required to accept the housing as a condition of employment, it might not be taxable. Worth looking into before you amend!

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Emma Morales

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This is incorrect advice for an internship situation. Section 119 almost never applies to urban internship housing. The "on the employer's premises" requirement is very strict and a Manhattan apartment wouldn't qualify. Source: I'm a CPA who deals with this exact issue regularly.

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I went through something very similar last year with a tech company that forgot to report my relocation bonus. The whole process was honestly less scary than I expected once I got started. A few practical tips from my experience: First, gather all your documents from that tax year (original W2, W2C, your filed return, any records of the housing arrangement). The IRS will want to see everything matches up. Second, if you used tax software originally, most programs like TurboTax or H&R Block have tools specifically for amended returns that walk you through the W2C situation step by step. One thing that surprised me - I actually ended up getting a small state refund because the additional federal tax I owed put me in a higher bracket that qualified for a bigger state deduction. So it's not always doom and gloom! The interest on what you owe will probably be manageable since it's only been 3 years, not like 10. Definitely don't wait though. The company already sent the corrected info to the IRS, so their computers will eventually flag the mismatch anyway. Better to handle it on your terms.

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This is really helpful to hear from someone who actually went through it! I'm definitely feeling less panicked now. Quick question - when you say you got a state refund, does that mean you had to file amended state returns too? I'm in New York and worked in Manhattan, so I'm wondering if I need to deal with both state and city taxes on this housing benefit. The whole multi-jurisdiction thing is making my head spin.

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Have you: • Checked your transcript for codes? • Verified if you have credits subject to PATH Act? • Confirmed your filing was actually accepted on Jan 31st (not just submitted)? • Called the automated refund hotline at 800-829-1954? The 21-day timeline is just a guideline, not a guarantee.

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The confusion between business days vs calendar days is completely understandable! As others have mentioned, the IRS does count business days for their 21-day processing guideline, which excludes weekends and federal holidays. However, I want to point out something that might help clarify the mixed information you're receiving: the IRS website itself states that "9 out of 10 refunds are issued within 21 days" without always specifying business vs calendar days in their general communications. This creates the confusion you're experiencing. For your January 31st filing date, counting 21 business days with Presidents Day excluded would indeed land you around February 29th. I'd recommend checking your account transcript online at irs.gov - it will show any processing codes that might explain delays beyond the standard timeline. The transcript is often more informative than the Where's My Refund tool.

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This is really helpful clarification! I'm new to filing my own taxes and had no idea there was a difference between how the IRS communicates their timelines versus how they actually calculate them internally. The transcript suggestion is great - I didn't even know that was available online. Is there a specific code I should be looking for that would indicate normal processing versus a hold or review?

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Sophia Clark

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Quick heads up - if your trust distribution was large (over $15,000 in 2022/2023), make sure the trustee isn't confusing the 65-day rule with gift tax reporting. I've seen this happen where trustees think the beneficiary needs to report large distributions as gifts, but trust distributions aren't considered gifts for tax purposes (the original transfer to the trust may have been). Trust distributions are generally reported as income by the beneficiary (unless they're distributions of principal, which usually aren't taxable). The gift tax annual exclusion amount ($17,000 for 2023) isn't relevant to trust distributions.

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Thanks for mentioning this! I've been confused because my trustee kept talking about the "annual exclusion" when discussing my distribution timing. So to clarify, the trust reports distributions on Form 1041, and I report the income on my 1040 based on the K-1 I receive, correct? No gift tax forms involved?

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That's correct! Trust distributions are completely separate from gift tax reporting. The trust files Form 1041 and provides you with a Schedule K-1 showing your share of income. You then report that income on your Form 1040 - no gift tax forms needed from your end. The trustee may be thinking about the original transfer that funded the trust (which could have involved gift tax considerations), but once assets are in the trust, distributions to beneficiaries are handled through the income tax system, not the gift tax system. The "annual exclusion" your trustee mentioned isn't relevant to how you report trust distributions on your personal return. Just make sure you receive your K-1 and report the income in the year you actually received the distribution (2023 in your case if that's when you got the money), regardless of the trust's 65-day election.

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GalacticGuru

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I'm dealing with a similar situation and wanted to share what I learned from my CPA. One thing that hasn't been mentioned here is the importance of checking whether your trust made a "distributable net income" (DNI) election. This can affect how much of your distribution is actually taxable income versus a return of principal. In my case, the trust distributed $35,000 to me in February 2023 under the 65-day rule, but only about $22,000 of it was actually taxable income - the rest was a distribution of trust principal (which isn't taxable to me). This shows up clearly on the K-1, but I almost missed it and was preparing to pay taxes on the full amount. The timing rule everyone discussed is absolutely correct - you report in the year you receive the money regardless of the trust's election. But don't forget to look at the character and taxability of the distribution itself. Sometimes trustees don't explain this distinction clearly.

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Zainab Ahmed

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This is such an important point that I wish someone had explained to me earlier! I just went through something similar and initially panicked thinking I owed taxes on my entire $40,000 distribution. When I finally got my K-1, it showed that only $18,000 was actually taxable income - the rest was principal that had already been taxed when it originally went into the trust. My trustee never explained the difference between income distributions and principal distributions, so I was completely caught off guard. It really emphasizes how important it is to wait for the actual K-1 before making any assumptions about your tax liability. The gross distribution amount the trustee tells you about is just the starting point, not necessarily what you'll owe taxes on. Thanks for highlighting the DNI concept - I had never heard that term before but it makes so much sense now that I understand it!

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Caleb Stark

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dont overthink this. i deposit cash from my side business all the time. just go to the bank with ID, tell them its payment for freelance work, sign the CTR form they give you, and your done. takes like 5 extra minutes. they see this stuff every day.

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Jade O'Malley

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This is the correct answer. I work at a bank (not giving financial advice, just practical experience) and we process CTRs daily. It's a normal procedure and not a big deal at all. We just need to know the source of funds - "payment for freelance work" is a perfectly acceptable answer.

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Caleb Stark

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thanks for backing me up! people make this way more complicated than it needs to be. the bank literally doesn't care as long as your not being shady about it.

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One thing I haven't seen mentioned yet is to make sure you keep detailed records of this transaction for your own files. Beyond just getting a receipt from your client, document the date, method of payment, what services were provided, and maybe even take a photo of the cash before depositing (sounds paranoid but it's good documentation). Also, if this client is going to continue paying you large amounts, you might want to consider asking them to get a cashier's check instead of cash for future payments. It's safer for both of you to transport and creates a cleaner paper trail. Banks are much more comfortable with large cashier's checks than large amounts of cash. For tax purposes, just make sure you're setting aside the appropriate amount for taxes since this is self-employment income. The IRS will expect their cut regardless of how you were paid!

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This is great advice! I never thought about photographing the cash before depositing - that's actually really smart for documentation purposes. The cashier's check suggestion is brilliant too. I'm definitely going to suggest that to my client for future payments. It would be so much easier than carrying around $15k in cash, and probably safer for both of us. Quick question though - when you say "set aside the appropriate amount for taxes," do you have a rough percentage in mind? I know it depends on income levels, but I want to make sure I'm not caught off guard come tax time.

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