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How/who to properly reply to IRS about basis of unreported stock sale income?

I'm working for a major finance company that gives stock grants throughout the year as part of our compensation package. I sell these shares on the same day they're granted. My employer includes the value of these stock grants on my W2 as income. My brokerage firm provides me with a 1099-B showing the value of the shares and the basis for each sale. The basis is usually very close to the sales price (sometimes slightly higher, sometimes lower depending on the stock movement during the trading day). I recently discovered I completely forgot to report these stock sales on my 1040 for the 2023 tax year. Now the IRS has sent me a letter stating I have unreported income from stock sales that my broker reported to them but wasn't on my tax return. I responded with a detailed explanation, attached a copy of my 1099-B, and included a complete amended tax filing (1040X and all supporting forms generated through TurboTax). I didn't file this 1040X through any other channels - just sent it with my response letter. The IRS acknowledged they received my documentation but then sent another notice saying they're adjusting my taxes to add all the stock sale income as if the basis for all transactions was $0. They didn't address my explanation, the 1099-B documentation, or the amended return I submitted. I have about three weeks to respond to this. Do I need to hire a tax professional (attorney or accountant) to get the IRS to take my documentation seriously? Did I make a mistake by only sending the amended return with my explanation letter instead of also filing it separately through the proper IRS channels?

Make sure you point out specifically in your response that the basis amount was already included as income on your W-2. The IRS computers just see missing 1099-B transactions and automatically assume the worst (zero basis). There's a specific form you should include - Form 8949 (Sales and Other Dispositions of Capital Assets). Make sure each transaction is listed with the correct basis amount and check box "B" to indicate that basis was reported to the IRS. This form should accompany your 1040X. And yes, you definitely made a mistake by not officially filing the 1040X. The IRS has separate departments for correspondence and amended returns. The person reviewing your letter likely doesn't have authority to process an amended return that just came in with correspondence.

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Gabriel Ruiz

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So I need to separately file the 1040X through official channels while also responding to this notice? Does the 1040X need to be mailed to a different address than my response letter? And how do I make sure they connect the two?

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Yes, you need to file the 1040X separately through official channels. The amended return should go to the IRS address specified in the 1040X instructions, which varies depending on where you live. For your response to the notice, send it to the exact address listed on the notice itself. In your response letter, specifically mention that you've also filed a 1040X and include the date you mailed it. Include a copy of the 1040X with your response letter as well (even though you're also mailing the original to the proper processing center). To help connect the two, include your notice number on both documents. Also, attach a clear explanation with both submissions that references the other submission. For example, on your 1040X write "This amended return is being filed in response to IRS Notice CP2000 dated [date]" and attach a copy of the notice.

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Aria Khan

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I went through this exact nightmare last year! My company gives RSUs and the IRS completely messed up the basis calculation. The key is filing Schedule D and Form 8949 correctly - each stock sale needs to be listed with the proper basis. One thing to be super clear about - the "proceeds" from your stock sales (on the 1099-B) aren't new income if the basis equals those proceeds (since you already paid tax on the income through your W-2). The IRS computers often miss this connection. My first attempt at fixing this on my own failed miserably. I ended up hiring a CPA who specializes in tech compensation, and she wrote a detailed letter explaining exactly how each transaction tied to my W-2 income. Cost me $350 but saved thousands in incorrect tax assessments.

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Did you have to go through an official appeals process or did the explanatory letter work? I'm facing a similar issue and wondering if I should just skip straight to appealing.

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Nia Jackson

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I've been a tax preparer for 5 years and see this Roth confusion all the time. Here's a quick rule of thumb for everyone: money comes out of a Roth IRA in a specific order according to IRS rules: 1) Regular contributions come out first (always tax-free) 2) Conversion contributions come out next (might be taxable within 5 years of conversion) 3) Earnings come out last (taxable unless you're 59½+ AND 5+ years from first Roth contribution) So if you're SURE you've only withdrawn less than your total contributions, then it's 100% not taxable regardless of age or what the 1099-R says. Your tax software just needs to be told this is a "return of contributions" not taxable income.

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NebulaNova

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What about using my Roth IRA for a first-time home purchase? I heard there's a special exemption? I'm 34 and have had my Roth for 6 years.

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Nia Jackson

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For first-time home purchases, you're in luck with that exemption! You can withdraw up to $10,000 of EARNINGS (not just contributions) from your Roth IRA without the 10% early withdrawal penalty for a first-time home purchase. And since you've had your Roth for more than 5 years, those earnings would actually be completely tax-free too. Remember, your contributions always come out first and are always tax-free regardless. The $10,000 exemption is specifically for the earnings portion, which would normally be taxable if you're under 59½. Since you've satisfied the 5-year rule and are using it for a qualifying first-time home purchase, you get the best of both worlds.

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Just to add to the confusion - I've had issues with backdoor Roth contributions being incorrectly reported on my 1099-Rs too. The whole "pro-rata" rule makes everything super complicated when you have both traditional and Roth IRAs. Anyone else deal with this nightmare?

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Aisha Khan

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Omg yes. I did a backdoor Roth last year and got hit with a surprise tax bill because I didn't realize I had an old Traditional IRA from a previous job with like $3k in it. Made my entire conversion partially taxable because of that stupid pro-rata rule. Now I'm trying to reverse it somehow.

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Miguel Silva

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Something that hasn't been mentioned yet - be careful about state taxes too! When I came back from working in Germany, I had sorted out my federal FBAR issues but completely forgot about state tax obligations. Depending on which state you're in now (or were in before moving abroad), they might have their own requirements and penalties. Also, make sure you've properly reported any interest earned on those Australian accounts on your regular tax returns. Even small amounts of foreign interest need to be reported, and fixing those past returns might be part of your Streamlined Filing process.

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Oh man, I didn't even think about state taxes! I was living in California before I moved to Australia, and now I'm back in California again. Do states have their own version of FBAR requirements? This just keeps getting more complicated...

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Miguel Silva

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California doesn't have a separate FBAR form, but they do require you to report worldwide income on your state tax return. When you file amended federal returns as part of the Streamlined process, you'll need to file amended California returns too. The bigger issue with California is they're much more aggressive about imposing penalties for underpayment if you had interest or investment income from those Australian accounts that wasn't reported. Be sure to address both the federal and state aspects when you're fixing everything. This is another reason why getting professional help with the Streamlined Filing is worth it - they'll handle both levels of government for you.

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Quick question for anyone who's been through this - do I need to include my Australian retirement account (superannuation) on the FBAR? I wasn't able to touch that money while I was there, it was automatically contributed by my employer.

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Yes, you generally need to report your superannuation account on your FBAR if the total of all your foreign accounts exceeded $10,000 at any point during the year. The accessibility of the funds doesn't matter for FBAR reporting requirements - it's about financial interest in or signatory authority over foreign accounts.

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S-Corp vs LLC for new social work contractor - tax benefits comparison

Hey fellow tax warriors, I need some advice on setting up my mental health counseling business structure. I've only ever been a W-2 employee so I'm kinda lost in all this business ownership stuff - feels like I'm playing pretend adult here! I'm starting as an independent contractor in Minneapolis, formalizing my practice this month. My income should be somewhere between $75,000 and $120,000 annually depending on client load and how much I hustle (and I plan to hustle HARD since I need to build up savings and get this thing off the ground). I'm stuck deciding between staying as an LLC or going for S-Corp status. Since we're already in August, one accountant told me to just operate as an LLC for now until January when my income stabilizes, then possibly elect S-Corp status then... hope I'm explaining that right. My questions: LLC vs. S-Corp: What are the pros and cons for each given my income range and field? Are there specific tax benefits I should know about? Right now I'm planning to just use basic QuickBooks to track everything and handle quarterly tax payments myself online - which honestly makes me nervous, but so does paying an accountant $400 every quarter. Business Banking: Any recommendations for good business bank accounts? Looking for low fees, decent service, and features that work well for a small operation. My business is pretty straightforward - just a few expenses like software subscriptions (Microsoft, Dropbox, electronic signature service, therapy notes software, office supplies, etc.) I am planning to meet with an accountant for personalized advice, but wanted to hear from people who've been down this road before. Any guidance would be super appreciated! Thanks!

Dylan Fisher

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One thing nobody's mentioned yet - don't forget about state-specific issues! I'm in Minnesota too, and our state has some quirks regarding pass-through entities. If you elect S-Corp status federally, Minnesota automatically treats you as an S-Corporation for state tax purposes too. You'll need to file Form M8 annually (MN's S-Corp return). Also be aware that MN has a minimum fee for S-Corps that starts at $100 if your MN-sourced property, payroll, and sales total at least $1,020,000. For banking, I've had a good experience with Firefly Credit Union - much better rates than the big banks and they actually understand small businesses. Their business checking has no monthly fee if you maintain a $1,500 balance.

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Zadie Patel

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Thanks for the Minnesota-specific info! I hadn't even thought about state-level considerations. Is the Form M8 complicated? And that minimum fee threshold seems really high - I'm definitely not going to hit $1,020,000 anytime soon, so that's good to know! I'll definitely check out Firefly Credit Union - that $1,500 minimum balance seems totally manageable. Do they have good online banking too?

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Dylan Fisher

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The Form M8 isn't too bad - if you're already preparing federal Form 1120S for your S-Corp, the M8 uses much of the same information. Most tax software automatically generates it when you prepare your federal return. And yes, that minimum fee threshold is high - most small service businesses won't hit it for years, if ever. Firefly's online banking is surprisingly good for a local credit union. Their mobile app lets you deposit checks, transfer funds, pay bills, and even integrates with QuickBooks if you're using that. I've found their customer service to be much more responsive than when I was with Wells Fargo - you can actually talk to the same person consistently when you have questions.

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Edwards Hugo

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Just wanted to add my experience as a marriage counselor who went through this last year. S-Corps have benefits but also hidden costs that nobody warned me about: 1) You'll likely pay $800-1,500 more annually for tax preparation since S-Corp returns are more complex 2) You need workers comp insurance on yourself as an employee in some states 3) Quarterly payroll filings are required even if you're the only employee 4) Some retirement plans are more complicated with S-Corps I went with an LLC taxed as an S-Corp and saved about $4,300 in self-employment taxes my first year, but probably spent half that on additional administrative costs. Still worth it, but the savings weren't as dramatic as I expected.

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Gianna Scott

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Can you share what tax filing software you used for your S-Corp? I'm trying to decide if I can handle this myself or if I need to budget for an accountant.

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Diego Rojas

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I went through something similar with deducting my real estate licensing courses from my rental income. The key question the IRS asked me during a review was whether I was already established in the business BEFORE taking the courses. Since I had owned and managed rental properties for 3 years before starting the courses, I was able to successfully argue that I was improving skills in my EXISTING business, not preparing for a new one. Make sure you have documentation showing you were already operating as a landlord before starting your MBA.

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That's really helpful! I've been operating my rental properties for about 4 years now, so sounds like I'm in a similar situation to yours. How detailed did you have to get with your documentation? Did you keep syllabus info for each course to show relevance?

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Diego Rojas

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Yes, documentation was crucial. I kept copies of all course syllabi and highlighted specific modules that directly related to property management, tenant relations, and real estate finance. I also maintained a simple log noting when and how I applied specific concepts from my courses to my rental business. For example, when I redesigned my lease based on contract law principles from a course, I documented that change with dates and notes. The IRS didn't ultimately request all of this during my review, but having it ready demonstrated I was serious about the legitimate business purpose. Also keep records showing your rental business was established before starting courses - tax returns showing rental income, business licenses, property management records, etc.

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Don't forget that if you're taking these courses to move into a different type of real estate business (like going from residential landlord to commercial property development), the IRS might consider this qualifying for a new trade or business, which would make the expenses non-deductible. Also, if your MBA would qualify you for a substantial promotion at a job unrelated to your rental properties, that could also disqualify the deduction. The "same general type of work" test is crucial here.

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This is an important distinction. I tried deducting real estate courses a few years back and got audited because they determined I was using the education to expand into commercial real estate when I had only been managing residential properties before. The expansion was considered a new business category by the auditor.

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