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Help! Got hit with an IRS audit for 2021, just found out my tax preparer is a fraud

I need some serious advice here. I just got an audit letter from the IRS last week for my 2021 taxes, specifically questioning stuff on Schedule-C filings for my husband's business. The worst part? We had NO IDEA what a Schedule-C even was until opening this letter! Turns out the tax guy we used (recommended by a friend of a friend) completely inflated our business losses to pump up our refund. He was charging us based on the size of the refund - which I now know is totally illegal. We were completely clueless about this. He also convinced us to file separately "for our businesses" but I'm pretty sure now he just did that to charge us double and inflate numbers even more for his bigger cut. When we confronted him about the audit, he actually suggested we LIE to the IRS! We refused obviously. Now we're looking at owing around $24k for 2021-2023 because of his "creative accounting." We paid this jerk about $4k over those years for his "services." Our plan right now is to: 1. Cooperate fully with the IRS on the 2021 audit 2. File amended returns for 2022 and 2023 with accurate numbers 3. Report this preparer to the IRS The shadiest part? After we confronted him about the audit, he tried to redirect about $7,000 from our 2023 refund to his own account! It only failed because he entered the wrong account number. We'll return that money to the IRS when we get it. I'm honestly terrified about potential criminal charges. We didn't know what was happening, but we should have verified his work. Could we go to prison over this? What else should we be doing to fix this mess? I know we should have checked his work instead of blindly trusting him. That's on us. Any advice would be so appreciated.

Hey I know this is stressful but you should know you're not alone. My cousin had almost this exact situation last year. Her preparer had been claiming all kinds of ridiculous business expenses on her Schedule C for years. The good news is that the IRS was actually pretty reasonable once they realized she wasn't trying to evade taxes intentionally. They set up a payment plan for what she owed and while there were some penalties, they weren't criminal charges or anything scary like that. The key thing that worked for her was getting a good CPA to represent her during the audit. Don't go in alone! A professional who deals with the IRS regularly knows how to present your case in the best possible light and can speak their language.

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Did your cousin also file amended returns for other years? I'm wondering if doing that proactively helps show good faith or if it just opens you up to more scrutiny for years that weren't being audited.

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Yes, she did file amended returns for the two previous years after discussing it with her new CPA. Her accountant said it was much better to proactively fix the issues rather than wait for the IRS to find them. It definitely helped show good faith effort in her case. The IRS agent specifically mentioned that her voluntary correction of prior years was viewed favorably when determining penalties. There were still some penalties applied, but they were reduced because of her cooperation and initiative. The agent told her that if they had discovered those other years' problems themselves through expanded audits, the penalties would have been substantially higher.

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Omar Fawzi

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Make sure you get things in writing from that sleazy preparer if possible! I went through something similar and the texts where my preparer admitted to "being creative" with my deductions were crucial evidence that I wasn't trying to commit fraud. Also, don't forget to check your state tax situation! If your federal returns were messed with, chances are your state returns have issues too. My federal audit triggered a state audit automatically, and I wasn't prepared for that.

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That's a really good point about the state taxes that I hadn't even thought about. We're in California, which I'm guessing will definitely follow up once the federal audit is complete. I'm going to start gathering our state returns too. I did save all the emails where he suggested we lie to the IRS, and I have the records showing he tried to divert our refund to his account. Hopefully that helps show we were victims rather than accomplices in this.

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Omar Fawzi

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California will absolutely follow up - they're actually more aggressive than the IRS in many cases. Having those emails ready for both federal and state authorities will be incredibly helpful. One more thing I forgot to mention - if your preparer was licensed (CPA, EA, etc.), report them to their professional board as well, not just the IRS. My preparer had his license suspended after I reported him to the state board of accountancy, which helped prevent him from doing this to others.

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Another option is to file Form 8822, which is a change of address form, but you can also use it to update your bank information. The problem is this takes weeks to process, so if your refund is already being processed it probably won't help in time. Honestly your best bet is calling like others have suggested. Try early morning (right when they open) or late afternoon on Thursdays or Fridays - those tend to have slightly lower call volumes in my experience.

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Thanks for the suggestion about Form 8822. Do you know if they'll stop the current direct deposit if I file this form? I'm worried my refund will be sent to the wrong account before the form is processed.

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Form 8822 won't stop a direct deposit that's already in process. It only updates your information for future interactions with the IRS. If your return is already being processed with the incorrect banking info, you really need to call them to intercept it before the deposit is attempted. When you call, specifically mention that you need to "cancel a direct deposit for a refund in process" - this sometimes helps get you routed to the right department faster. If they can't update the direct deposit info in time, they'll usually stop the electronic deposit and mail you a paper check instead.

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Emily Sanjay

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Just wondering - did you double check the Where's My Refund tool at irs.gov/refunds? Sometimes it will show if your direct deposit was rejected by the bank. If that happens, they automatically convert it to a paper check. Might save you a phone call if it's already been flagged in their system.

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The Where's My Refund tool is practically useless for these situations. It just shows "processing" forever and doesn't tell you if there's an actual problem. I had a direct deposit issue last year and the tool never updated until weeks after I had already resolved it by phone.

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Have you checked whether you might have accidentally clicked something different in the TurboTax interview process? Sometimes there are questions that seem insignificant but actually impact your tax liability. For example, if you accidentally said you can be claimed as a dependent by someone else, that would prevent you from claiming your full standard deduction. Or if you missed checking a box for a tax credit you normally get. Also, did you get any 1099s this year? Even a small amount of self-employment income or investment income could cause you to owe taxes.

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That's a good point! I went back through the whole interview process again and did find something weird. Last year I had checked that I had health insurance for the full year (which I did through my job), but somehow that setting didn't carry over correctly. After I fixed that, my amount owed went down by about $250! Unfortunately I still owe around $550, which seems to be because of the withholding issue others mentioned. But at least it's better than $800. No 1099s or anything like that - just my regular W-2.

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Glad you found at least part of the issue! That health insurance question can definitely impact your taxes in some states. The withholding change is likely the main culprit for the remaining amount you owe. For the future, I recommend checking your pay stubs quarterly to make sure enough tax is being withheld. You can also use the IRS Tax Withholding Estimator midway through the year to see if you're on track. That way you won't get any unpleasant surprises at tax time!

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Has anyone here tried both TurboTax and FreeTaxUSA? I'm thinking about switching because TurboTax keeps raising their prices every year, but I'm worried about accuracy issues.

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Ravi Kapoor

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I switched from TurboTax to FreeTaxUSA two years ago and would never go back. It's just as accurate but WAY cheaper. Federal filing is free and state is only $15. TurboTax was charging me $120+ for basically the same service. The interface isn't quite as pretty but it gets the job done and asks all the same questions.

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How to code unique owner reimbursement from partnership tax treatment

Hey tax pros, I'm struggling with some bookkeeping changes our CPA recently requested regarding our partnership distributions. Here's our situation: We have a 2-member partnership that's owned by 2 separate single-member S-Corps. Up until now, we've been recording funds going to the S-Corps as management expenses at the partnership level and as income at the S-Corp level. Our CPA just told us this approach isn't acceptable anymore and we need to code these as owner draws or guaranteed payments instead. This creates a weird situation I can't figure out. For example, last month our partnership had $250k net income, so each partner was entitled to $125k. However, my S-Corp (S1) pays a salary to the other partner who used to be my employee before becoming a partner. He wanted to maintain his salary/benefits package when transitioning to partner status. The partnership reimburses S1 for this salary expense. So with $250k net profit: - S1 receives $125k draw - S2 receives $100k draw - S1 receives $25k as reimbursement for the salary paid to S2's owner Our CPA says to code the $25k as either a guaranteed payment or management fee (after previously saying we couldn't do that), but this creates unequal draws. Both partners should have equal basis/draws, and I can't figure out the correct approach. Should I be coding that $25k as an owner draw to S2 instead? I know S1 needs to recognize that $25k expense on our S-Corp returns to match filed 940s, so I don't think we can recognize this expense at the partnership level. Any guidance would be greatly appreciated!

I think your CPA is overthinking this. In our partnership, we handle this by using special allocations in the partnership agreement. We specifically outline that certain expenses paid by one partner on behalf of another are treated as advances against future distributions. The $25k should be recorded as part of S2's draw initially, then S1 bills S2 for the $25k as a separate transaction between the S-Corps. This keeps the partnership accounts clean (equal $125k distributions) while properly tracking the reimbursement between entities.

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Can you elaborate on how you handle this in your books? Do you track these special allocations through the capital accounts or do you have separate tracking outside the partnership accounting?

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We track these allocations through our partnership capital accounts initially, showing equal distributions to maintain equal ownership percentages. Then we have a separate ledger for tracking reimbursements between partners outside the partnership. Our operating agreement specifically states that these reimbursements don't affect partnership interests or profit/loss allocations. It's essentially treated as a separate business arrangement between the partner entities that's documented but kept distinct from the partnership accounting.

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Have you considered simplifying your structure? We used to have a similar complicated setup with multiple entities, but ended up dissolving the S-Corps and creating a partnership that pays guaranteed payments directly to the individual partners instead of to entities.

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That might work for some businesses but could be terrible tax-wise for others. The S-Corp structure allows for payroll tax savings on distributions that exceed reasonable compensation. Dissolving them could significantly increase self-employment taxes.

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IRS Withholding Calculator Shows We Might Owe Money - How to Fix This?

My wife and I earn pretty similar incomes and we've both been using the "Single" withholding setting to keep things simple and avoid dealing with that complicated worksheet. We each put about 15% into retirement accounts, and I max out a Dependent Care FSA for our 2-year-old daughter. Besides our regular jobs, we just have some interest from a high-yield savings account. Here's what we make: Me: $168k base plus usually 10-15% yearly bonus Wife (government employee): $145k plus occasional overtime and performance awards I'm kind of obsessive about checking our withholding, so every few months I run our paystub numbers through the IRS withholding calculator to make sure we don't get blindsided at tax time. I'd much rather get a small refund like $1k than end up owing $1k - it just works better with how we handle our monthly budget. The weird thing is, every previous time I've checked the calculator this year, it showed we were right where we wanted to be (small refund coming our way). But when I just ran the numbers again with our most recent paystubs, suddenly it says we might owe about $1k. Not a financial disaster, but definitely not what we want. We really prefer getting a small refund each year rather than having to budget for an unexpected tax bill. Do we need to switch our withholding from "Single" to "Married Filing Jointly" and then check that box about both spouses having income and fill out the worksheet? Or is there an easier fix?

One thing nobody's mentioned yet is that the IRS Withholding Calculator gets more accurate as the year progresses. Since we're already in the second half of the year, its projection is probably pretty close to reality. If you've recently gotten raises or your bonus was bigger than expected, that could explain the shift from "small refund" to "you'll owe $1k." What I do in your situation is just submit a new W-4 for the last quarter of the year with a bit of extra withholding, then switch it back in January. If you need to make up $1k before year-end and get paid biweekly, adding about $125-150 per paycheck in additional withholding (line 4c on the W-4) should get you back to a small refund.

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That's really helpful advice about just doing a temporary adjustment for the rest of the year. Do you think I should do that additional withholding for both our W-4s or just mine? And do I need to change anything else on the form besides putting the extra amount on line 4c?

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You could do it all on just one W-4 or split it between both - the IRS doesn't care as long as the total withholding is correct. If you're paid at similar frequencies, I'd just divide it evenly for simplicity. The easiest approach is to keep everything else the same on your current W-4s and just add the additional amount on line 4c. No need to change your filing status or check any additional boxes if the only issue is making up that $1k difference. Then in January, submit new W-4s removing that extra withholding amount.

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Dylan Cooper

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Not sure if this applies to your situation, but when my wife and I were setting up our withholding, we found that TurboTax actually has a better withholding calculator than the IRS one. It takes into account more variables and seems to be more accurate for dual-income situations.

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I second the TurboTax W-4 calculator recommendation. The IRS calculator is too basic for complex situations. The TurboTax one asks more detailed questions and gives more precise recommendations.

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