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US Citizen Investing in Foreign Real Estate - Questions about Partnership Structure for Property in Peru

My wife has Peruvian citizenship (she's also a US citizen now). We live in the States, but her dad still lives in Peru and isn't a US citizen. I'm looking to do a real estate investment project with my buddy (also US citizen) and my father-in-law in Peru. **Our available resources:** -This would be all cash, no loans involved -We have a US bank account for the General Partnership between me and my friend (my wife and her dad aren't named in it) -My wife has her own bank account in Peru -My father-in-law has his own bank account in Peru too **I'm thinking about structuring it like this:** The General Partnership would transfer $330k to my wife's Peruvian bank account My father-in-law is putting down $30k to secure the land while we figure out these details The land would initially be in my wife's name, then she'd transfer the deed to our General Partnership The General Partnership would handle the sale of the property All initial investment + profits would go back to the General Partnership account We'd then need to send $60k back to my father-in-law's account in Peru **One potential issue: my friend can't travel to Peru to sign anything. I'm wondering if I should create a separate LLC with just me as the owner to handle the purchase/sale, then move the money to our partnership afterward for distributing profits and tax purposes.** **My tax concerns:** -What's the proper way to transfer money from the Partnership back to my father-in-law? -If I create this new single-member LLC, will there be tax complications when I pay taxes through that entity AND THEN transfer the profits to the General Partnership? **Final thoughts:** I've tried to focus on the tax aspects here. Happy to provide more details if needed. I'm definitely open to alternative approaches for structuring this transaction. Thanks for any help!

One additional approach to consider: Have you looked into creating a Foreign Disregarded Entity (FDE) in Peru? This could potentially simplify your structure. Rather than having the property go through your wife and then to the partnership, you could have your US partnership own a Peruvian entity directly. This Peruvian entity would be disregarded for US tax purposes but would give you legal standing in Peru. You'd report it on Form 8858 annually, but it might simplify the money flow and eliminate some of the steps you're planning. Just make sure the entity type you choose in Peru qualifies for this treatment under US tax rules.

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That's an interesting approach I hadn't considered. Would this FDE structure eliminate the need for the funds to flow through my wife's account? Also, would my father-in-law's involvement be easier to structure with this approach?

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Yes, with an FDE structure, the funds could flow directly from your US partnership to the Peruvian entity's account without going through your wife's personal account. This creates a cleaner audit trail and likely reduces your FBAR complexity. For your father-in-law's involvement, you have options. He could be a local director or manager of the Peruvian entity (compensated through fees) while not being a US tax partner. Alternatively, he could be a true partner in the US partnership with the foreign withholding requirements that entails. The FDE structure gives you flexibility either way. The biggest advantage is that for US tax purposes, it's as if your partnership owns the property directly, while for Peruvian legal and banking purposes, you have a local entity that can operate more easily.

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Has anyone mentioned FIRPTA yet? If you're selling real property in Peru through a US entity, you need to be aware of how that's reported. The sale of foreign real property isn't subject to US FIRPTA withholding itself, but you still need to report the gain/loss correctly. Also, be careful about the classification of your Peruvian property investment. If it's for development (vs just appreciation), it might be considered a Passive Foreign Investment Company (PFIC), which opens up a whole new set of tax nightmares.

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I thought FIRPTA only applied to foreign persons selling US real property interests, not US persons selling foreign property? OP is a US citizen selling Peruvian property, so I don't think FIRPTA withholding would apply here.

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Another option to consider is the AARP Foundation Tax-Aide program. If you qualify (they primarily serve seniors but also help lower to middle income taxpayers of any age), they'll review your return for FREE. I volunteered with them for years, and we did reviews all the time. The volunteers are IRS-certified and really know their stuff. Check their website to find locations near you and see if you qualify. Their season usually runs February through mid-April.

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This sounds like a great option! Do they have income limits for who qualifies? And do they help with state returns as well as federal?

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They prioritize seniors but don't have strict income limits. Generally, they serve people with "low to moderate" income, which in practice can be up to $75,000 for individuals or $100,000 for families, but this varies by location based on the cost of living in your area. They absolutely help with state returns as well as federal. The service is completely free regardless of how complex your return is. Just be aware that during peak season (late March through April 15) the wait times can get long, so going earlier in the season is better if possible.

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Aria Park

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I tried having my self-prepared return reviewed by a local CPA last year, and it was a total waste of $120. She basically skimmed through it for 10 minutes and said "looks good." Didn't find any issues or missed opportunities, and seemed annoyed that I wasn't paying for full preparation. Anyone have tips for finding someone who actually takes the review process seriously? Or specific questions I should ask beforehand to weed out the ones who won't put in effort?

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Noah Ali

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When I was searching for a reviewer, I asked specifically, "What's your process for reviewing a self-prepared return?" The good ones will explain a systematic approach and mention specific areas they focus on. Also ask, "How often do you find missed opportunities on DIY returns?" - the honest ones will have specific examples ready.

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Aria Park

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That's really helpful advice, thanks! I like the idea of asking about their process upfront - that would definitely help identify who's just going to skim it versus who takes the review seriously. I'll definitely try those questions if I decide to get a review again this year. I still feel a bit burned by the experience, but maybe I just chose the wrong professional. I've seen a few recommendations in this thread that seem promising too.

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Amina Bah

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Has anyone run into issues with the hobby loss rule with something like D&D sessions? I'm worried the IRS might consider my similar side gig a hobby rather than a business.

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The key to avoiding the hobby loss rule is showing that you're running your D&D sessions as a business with the intent to make a profit. Keep good records, have separate business accounts, track all expenses properly, create a business plan, and be professional about how you operate. The IRS generally uses a "3 out of 5" guideline - if you show a profit in 3 out of 5 consecutive years, they typically consider it a legitimate business. Since OP mentioned they were "hit hard with taxes," it sounds like they're profitable, which helps their case significantly.

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Amina Bah

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That makes sense, thanks! I've been profitable 2 of the last 3 years, so I think I'm on the right track. I do have separate tracking for all my game master income and expenses, but I should probably open a dedicated bank account to make it even clearer.

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I went through the S-Corp route with my freelance writing business and can confirm it saved me several thousand in self-employment taxes, BUT - and this is a big but - it only made sense once I was consistently making over $70k. The accounting and filing fees cost me about $1,200/year plus the extra time dealing with payroll. Stick with Schedule C for now, maximize your legitimate deductions, and revisit the business structure question when your income grows. The tax savings need to outweigh the additional costs and complications.

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TechNinja

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For what it's worth, I've been a homeowner for 10 years and still do my own taxes with TurboTax. Unless your situation is super complicated (like you're running a business from your new home or did some kind of unusual financing), the homeowner stuff isn't that hard. TurboTax walks you through it all with questions. The main things you'll deal with are: 1) Mortgage interest (from Form 1098 your lender sends) 2) Property taxes (also on Form 1098 usually) 3) If you paid points at closing (should be on Form 1098) If this is your only "complication" to your taxes, I personally wouldn't pay a preparer, but that's just me. I'd rather learn how it works myself.

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Thanks for the perspective! Did you find that you were able to itemize deductions right away in your first partial year of homeownership? Or did it take a full year of mortgage interest before it made sense?

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TechNinja

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In my first partial year, I wasn't able to itemize because I only had about 4 months of mortgage interest which wasn't enough to exceed the standard deduction. I just took the standard deduction that first year. It wasn't until my first full calendar year of homeownership that itemizing made sense. But it's still worth running the numbers both ways in TurboTax (itemized vs standard) to see which gives you the better outcome. The software makes this comparison pretty easy.

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Don't forget to check if your state has any first-time homebuyer tax benefits! The federal credits have expired but many states still have them. I bought in Maryland and they had a program that saved me over $1,000 on my state taxes. TurboTax actually missed this when I tried to DIY, so I ended up going to H&R Block and they caught it.

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What states still have good homebuyer tax breaks? I'm in Pennsylvania and when I asked my lender they said there weren't any tax breaks, just loan programs for first-time buyers.

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Yara Assad

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California still has some good ones! My friend just bought her first home and got a $10,000 credit through some state program. Definitely worth checking.

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Aaron Boston

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Another thing to consider: If you file separately, you'll lose several other tax benefits besides just the premium tax credit situation. You won't be able to claim: - Student loan interest deduction - Tuition and fees deduction - EIC in most cases - Child and dependent care credit - Some education credits Plus the standard deduction as a couple filing jointly is exactly 2x the single amount ($29,200 vs $14,600 for 2025), so there's no penalty there, but tax brackets for MFS aren't as favorable as MFJ. The $1,950 hit is painful but it's almost certainly your best option.

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Thank you, I hadn't even thought about all those other tax benefits that would be affected. We do have some student loan interest and education credits that would be impacted. Looks like filing jointly and taking the premium tax credit hit is even more clearly the right move than I initially thought.

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Aaron Boston

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Happy to help! Yeah, the MFS status really limits a lot of tax benefits, which is why it's rarely the optimal choice unless there are very specific circumstances. The premium tax credit "marriage penalty" is frustrating, but thankfully it's just a one-time adjustment you're dealing with. Next year you'll be able to plan your insurance coverage for the full year as a married couple and avoid this issue completely.

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One more thought - have you considered if either of you could increase retirement contributions before the end of the year to lower your MAGI? If you're close to a threshold for the premium tax credit, sometimes putting an extra $1-2k into a traditional IRA or 401k can drop you into a lower income tier and reduce the amount you have to repay.

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Chloe Zhang

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This is really smart. I did this exact thing last year. Was going to owe $2,400 in premium tax credits after getting married, but maxed out my HSA ($3,850) and put another $2,000 in my traditional IRA. Dropped our MAGI just enough to reduce the repayment to only $800. Definitely worth looking into!

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I hadn't thought about this angle! We do have some room to make additional retirement contributions. I'll need to check exactly how close we are to the next MAGI threshold for the premium tax credits. Even if it just reduces the amount a bit, that's still a win since we'd be putting money into our retirement rather than just paying it to the IRS. Thanks for the suggestion!

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