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Advice on Schedule K-1 real estate income for inherited apartment partnership - is this normal?

I inherited a partial ownership in an apartment management partnership about 5 years ago. Each year I get a K-1 form showing positive real estate income on line 2. When I enter this into my tax software, it significantly reduces my tax refund - anywhere from $650 to $2200. The frustrating part is that I've only received actual distribution checks twice in these 5 years, totaling about $7500, but the reduction in my tax refunds has added up to roughly $5300 so far. With the upcoming tax return, it feels like I'm almost at the point where this inheritance is costing me money rather than being beneficial. I'm wondering if there's some deduction I should be claiming that I don't know about? Or is this just how partnerships work - you pay taxes on "phantom income" now but the real payoff happens when the properties eventually sell? Looking at the Schedule E instructions, it seems like Section 179 expenses might be the only thing that could reduce this tax hit? I contacted the management company about this, and they explained that the income reported is technically income, but it gets reserved for covering expenses, and the few distributions I've received are just whatever's left over. When I asked about possibly selling my share, they mentioned the properties aren't performing particularly well right now (great timing, I know). It just doesn't seem right that I'm paying so much in taxes compared to the actual cash distributions I've received. Is this normal for real estate partnerships or am I missing something?

Noah Lee

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Something nobody's mentioned yet is that you should request a copy of the partnership agreement if you don't already have it. When you inherited your share, it should have come with documentation about the partnership terms. Some partnership agreements actually restrict distributions and require capital reserves to be built up to certain levels before making distributions. This could explain why you're seeing income on the K-1 but not getting much in distributions. Also, check if there's a partnership meeting you can attend. As a partner, you generally have rights to information about the business operations and financial status. You might discover they're planning major renovations or have other reasons for retaining earnings.

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Would the partnership agreement actually help with tax reporting though? I'm in a similar situation and trying to figure out if requesting all this extra documentation is worth the hassle or if I should just hire a CPA.

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Noah Lee

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The partnership agreement won't directly help with tax preparation, but it will help you understand if what you're experiencing is normal based on the terms you agreed to. It might reveal that they're required to maintain certain capital reserves or explain the conditions under which distributions are made. Having this information could help you decide whether to keep your interest or try to sell it. Some partnership agreements also specify how tax items should be allocated, which could be relevant if you think the K-1 allocations seem unfair. If the amounts involved are significant, hiring a CPA who specializes in partnerships would definitely be worth considering.

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Check out line 19 (distributions) of your K-1 and compare it to line 2 (real estate income). If line 19 is consistently lower than line 2, that means the partnership is retaining earnings rather than distributing them. This is common but can create tax headaches. Also, make sure you're tracking your "basis" in the partnership. Your basis increases when you report income from the K-1 and decreases when you receive distributions. This tracking is SUPER important because: 1) If you ever sell your interest, your basis determines your gain/loss 2) If your basis ever goes to zero, distributions become taxable 3) Certain losses can be limited based on your basis Most tax software doesn't handle basis tracking well, so you might need to maintain a separate spreadsheet or get professional help.

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Is there a good template or spreadsheet for tracking partnership basis? My tax person charges extra for this and I'm trying to figure out if I can do it myself.

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For cheap filing of 1040-NR with such a small amount, go with FreeTaxUSA. They charge around $15 for the federal nonresident return. I've used them for the past three years for my 1040-NR filings with an ITIN. Just be aware that the interview process doesn't always address every nonresident situation, so you might need to double-check some entries. But for a simple return with just $410 in business income, it should be straightforward.

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Thanks for the suggestion! Have you ever run into any issues with FreeTaxUSA when filing with an ITIN instead of an SSN? I heard some tax software has problems processing ITINs correctly.

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I've never had any issues using an ITIN with FreeTaxUSA. Their system is set up to handle ITINs just like SSNs during the filing process. One tip though - double-check that your name appears exactly as it does on your ITIN documentation. Even minor differences can cause processing delays with the IRS. Also, make sure you select the correct filing status for nonresidents, as the options are more limited than for residents.

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Just a heads up - make sure you're actually required to file. For nonresidents with just US business income, you generally need to file if you have a US trade or business regardless of the amount. If it's just passive income under $4000 though, you might not need to file at all. But since your goal is keeping the ITIN active, filing makes sense. Just wanted to clarify that point.

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Miguel Diaz

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That's not entirely accurate. The IRS requires nonresidents engaged in a US trade or business to file a 1040-NR regardless of the amount. There's no minimum threshold for business income like there is for passive income.

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I'm a business owner who implemented a CRUT strategy a few years ago. Here's my practical experience: 1) Yes, the charitable remainder is non-negotiable. That's literally why these vehicles exist. 2) What you CAN control: payout rate (higher means more to you, less to charity), term length, and investment strategy within the trust. 3) Consider using a family foundation as the charitable remainder beneficiary. You don't maintain control of the assets personally, but you can direct the foundation's charitable activities into areas you care about. 4) Run a proper NPV (net present value) calculation comparing the tax savings now versus the future value of what goes to charity. In many cases, the math works out favorably even with the charitable component. Good tax planning isn't about avoiding all charitable giving - it's about making informed choices that align with your priorities while legally minimizing tax burden.

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Caleb Bell

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Could you elaborate on point 3? I'm not familiar with how a family foundation would work as the charitable beneficiary. Would you still effectively "lose" the money, or can family members somehow benefit from the foundation?

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Happy to elaborate. A family foundation is still a legitimate charity - the assets irrevocably leave your personal control and must be used for charitable purposes. However, family members can serve as board members/trustees and direct the foundation's charitable activities. For example, if you care about education, your foundation could fund scholarships or educational programs. You can't use it to directly benefit family members (like paying for your kids' college), but you can focus on causes you care about, potentially hire family members to run it (with reasonable compensation), and create a family legacy through the charitable work. The assets are still permanently devoted to charity, but you have influence over how they're used for charitable purposes.

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Has anyone considered using a Charitable Lead Annuity Trust (CLAT) instead? If structured properly, it could potentially allow excess returns above the 7520 rate to eventually return to family members after the charitable term. Might be closer to what OP is looking for.

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Rhett Bowman

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CLATs are an interesting alternative worth exploring. With a CLAT, charity gets payments for a specified term, and whatever's left goes to your non-charitable beneficiaries. If investments outperform the IRS assumed rate, you can potentially transfer significant assets to heirs with reduced gift/estate taxes. It doesn't provide the income stream a CRUT does though, so depends on whether OP needs ongoing income or is more focused on eventual wealth transfer.

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Mei Chen

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I've been using this exact structure (C-Corp + S-Corp) for 3 years now in my manufacturing business. Here's my experience: The key is making sure the consulting agreement is DETAILED and the S-Corp is providing real, documentable services. I have my S-Corp handle all executive management, marketing strategy, financial oversight, and business development. We keep detailed logs of hours, projects, and deliverables. The IRS did question this in a correspondence audit last year. What saved me was having: 1) A third-party compensation study showing my consulting rates were reasonable 2) Detailed work documentation and deliverables 3) Separate physical locations, email systems, and business operations Also important: Don't have the EXACT same ownership percentages in both entities. Mine are slightly different (I have a minority partner in the C-Corp but not the S-Corp).

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How much did that third-party compensation study cost? And did you have a tax attorney help set all this up or did you DIY it? Seems like a lot of complexity just to avoid some taxes.

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Mei Chen

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The compensation study cost about $3,500, but was worth every penny when the IRS came calling. I did have a tax attorney help set everything up initially - cost around $8,000 for all the documentation, agreements, and structure. Yes, it's not cheap upfront, but I've saved well into six figures in taxes over three years. It's not just about tax savings though. The structure actually makes business sense for us - the C-Corp focuses on production and operations while the S-Corp handles strategy and growth initiatives. Having the separation has helped us clarify roles and responsibilities within the company.

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Has anyone considered the state tax implications of this setup? I did something similar and while it worked fine for federal, my state (CA) has additional rules about related entities that nearly negated all the benefits.

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I'm in NY and ran into similar issues. The state was much more aggressive in challenging our management fee structure than the feds were. Ended up having to restructure everything after a state audit that disallowed most of our inter-company transactions.

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Something to be aware of with the Saver's Credit - the income limits are pretty low compared to other tax benefits. I qualified when I was early in my career, but got a raise and suddenly wasn't eligible anymore even though I wasn't making that much. For married filing jointly, you need AGI under $76,500 (for 2024 filing in 2025), which sounds like a lot but can be hit quickly with two moderate incomes. And the credit percentage drops as your income rises - only those with very low incomes get the full 50% rate.

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Zadie Patel

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That's good to know! Is there anything I can do to lower my AGI if I'm close to the cutoff? I'm currently single making around $35k, so I think I'm still under the limit, but I'm expecting a raise soon.

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Contributing more to your pre-tax 401(k) is actually one of the best ways to lower your AGI! Those contributions come out before your AGI is calculated. For example, if you're at $39,000 and the limit is $38,250, contributing an extra $750 to your 401(k) would get you under the threshold. Health Savings Account (HSA) contributions also reduce your AGI if you have a high-deductible health plan. Traditional IRA contributions can reduce AGI too, but that might be limited since you participate in a workplace plan.

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Dylan Fisher

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I had this exact same issue with multiple tax softwares giving conflicting info about the Saver's Credit! Found out later that some tax programs have outdated descriptions that date back to when the credit was first introduced as the "IRA Tax Credit" in early 2000s. The Saver's Credit was expanded years ago to include 401(k)s, 403(b)s, 457 plans, and even the federal Thrift Savings Plan (TSP). So yes, your 401(k) contributions absolutely count!

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Edwards Hugo

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This explains so much! Been using TaxAct for years and they have weird descriptions for some credits. Wonder how many people miss out on credits they qualify for because of confusing descriptions.

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