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Ask the community...

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ShadowHunter

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One thing nobody's mentioned is that the 1099-C might also include interest that was forgiven, not just principal. Box 3 on the form should show the interest if any was included. This matters because forgiven interest might be treated differently than forgiven principal for tax purposes.

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Diego Ramirez

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Actually that's a good point! In some cases, if the interest would have been deductible (like for some business loans), the canceled interest might not be taxable. Always worth checking the breakdown.

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AstroAce

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This is a really tough situation, and I feel for you having to deal with this unexpected tax burden. A few important things to consider: First, you absolutely need to report the 1099-C on your tax return - the IRS has a copy too, so ignoring it isn't an option. However, you may qualify for exclusions that could reduce or eliminate the tax impact. Since you mentioned you're already struggling with bills, definitely look into the insolvency exclusion that others have mentioned. Given that you co-signed in 2019 and your brother lost his job, it sounds like your financial situation may have been difficult when the debt was actually canceled. You'll need to calculate your total assets vs. total debts at the time of cancellation (not now). Regarding your brother - he may or may not have received a 1099-C depending on how the lender handled it. Sometimes they only send it to the primary borrower or co-signer they have the best contact info for. I'd strongly recommend consulting with a tax professional if possible, especially given the amount involved ($12,750). Many offer free consultations and can help you determine if you qualify for any exclusions. Don't let this sit until the last minute - you have options, but you need to explore them properly.

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Keisha Brown

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This is really helpful advice! I'm new to this community but dealing with a similar situation with a 1099-C from a student loan my parents co-signed for me. The insolvency exclusion sounds like it could apply to my situation too. Quick question - when calculating assets vs debts for insolvency, do retirement accounts like 401k balances count as assets? I've read conflicting information about whether those should be included since they're not easily accessible without penalties. Also, @AstroAce when you mention consulting a tax professional, are there specific credentials I should look for? I want to make sure I'm getting advice from someone who really knows the ins and outs of 1099-C issues.

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Amara Okafor

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If you use tax software, all of this is pretty straightforward! I moved from Texas to Minnesota mid-year and used TurboTax. The software asked when I moved and then walked me through everything. Honestly way easier than I expected.

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I had a different experience with TurboTax. It kept getting confused about allocating my deductions between states. Ended up switching to H&R Block which handled my situation better.

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One additional tip since you mentioned the high withholding on your extra shifts and billing payments - keep detailed records of all your work locations and income sources throughout the year. As a physician who moved mid-year, you'll want to track not just which state you earned income in, but also where you were physically working when you earned it. This is especially important for those weekend ER shifts. If you're picking up shifts in different locations or even different states, each location might have different tax implications. Some states tax based on where the work was performed, others based on your residence at the time. Also, since you mentioned patient billing payments, make sure to track any business expenses related to your work (CME, licensing fees, professional memberships, etc.). These can often be deducted, and with your income increase, every deduction becomes more valuable. Keep receipts for everything work-related from both states - some expenses might be deductible in one state but not the other. The good news is that with your income tripling, you're likely in a much better position financially to handle any unexpected tax obligations that might come up!

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Rita Jacobs

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This is really helpful advice about tracking work locations! I hadn't thought about the fact that some of my weekend ER shifts might actually be in different states depending on which hospital I'm covering. Do you know if there's a threshold for how much income you need to earn in a state before you have to file there? I'm worried I might end up having to file in multiple states if I pick up just a few shifts across state lines.

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Just wanted to add some practical advice from someone who's been through this exact situation. You mentioned conflicting advice from tax preparers, which is unfortunately common with 1040NR filings since many preparers don't handle non-resident returns regularly. A few key points that might help: 1. **Business expenses**: If you're filing as self-employed (Schedule C), your unreimbursed business expenses related to your US income are fully deductible. This includes things like equipment, travel for work, office supplies, etc. 2. **Charitable contributions**: Only contributions to US-qualified organizations count on your 1040NR. Foreign charities don't qualify unless there's a specific treaty provision. 3. **Tax prep fees**: These are deductible as a miscellaneous itemized deduction, but only the portion related to preparing your US return. Given your 140 days in the US, definitely calculate your substantial presence test as others mentioned. If you end up qualifying as a resident alien, you'd file Form 1040 instead of 1040NR and would be eligible for the standard deduction and potentially more credits. The IRS Publication 519 (U.S. Tax Guide for Aliens) is your best friend here - it covers all the specific rules for non-residents and has examples that might match your situation.

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This is incredibly helpful, thank you! I had no idea about Publication 519 - I've been trying to piece together information from various IRS pages and getting more confused. One follow-up question about the substantial presence test calculation: when you count days, do partial days count as full days? I had several trips where I arrived late at night or left very early in the morning, so I'm not sure if those should count as full days or not. Also, do days spent in transit (like layovers in US airports while traveling to other countries) count toward the 140 days? I'm definitely going to look into that Form 8840 for the closer connection exception since I still maintain my primary residence, bank accounts, and family ties in my home country. The 140 days was really just for this one extended project.

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Great questions! For the substantial presence test, any part of a day that you're physically present in the US counts as a full day - so yes, even if you arrived late at night or left early in the morning, those count as full days. The IRS is pretty strict about this. Regarding transit/layovers, it depends on the specifics. If you're just passing through a US airport on the way to another country and don't formally enter the US (stay in the international transit area), those typically don't count. However, if you clear customs and immigration, even for a layover, that would count as a day of presence. The closer connection exception via Form 8840 sounds like it would definitely apply to your situation, especially since this was just a temporary extended project. You'll need to demonstrate ties to your home country like you mentioned - permanent home, family, banking, voter registration, driver's license, etc. The form asks for pretty detailed information about your connections to both countries. One tip: keep good records of your travel dates and the nature of your trips. The IRS may ask for documentation if they review your return, especially when claiming exceptions to residency rules.

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Amina Toure

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Based on your situation, it sounds like you're dealing with some complex interactions between non-resident filing rules and potential residency status changes. Here are a few additional considerations that might help: **Treaty Benefits**: Since you mentioned your home country has a tax treaty with the US, make sure you're claiming all applicable treaty benefits. Many people miss these because they're not prominently featured in standard tax software. Treaty benefits can sometimes provide additional deductions or exemptions that aren't available to non-residents from non-treaty countries. **State Tax Implications**: Don't forget about state taxes if you worked in a state that taxes non-residents. Some states have different rules for non-residents than others, and this could affect your overall tax burden significantly. **Professional Consultation**: Given the complexity of your situation (140 days presence, treaty country status, substantial income), it might be worth getting a consultation from a tax professional who specifically deals with non-resident aliens and international tax situations. The cost could be worth it to ensure you're not missing deductions or making filing status errors. **Record Keeping**: For future years, keep detailed records of your US presence days, especially if you might have similar extended projects. This will make the substantial presence test calculation much easier and help with any closer connection exception claims. The good news is that once you figure out the rules for your specific situation, subsequent years should be much more straightforward if your circumstances remain similar.

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StarSurfer

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This is really comprehensive advice, thank you! The point about state taxes is something I hadn't even considered yet - I was working in California for most of those 140 days, and I know they have pretty aggressive tax collection. I'm definitely leaning toward getting a professional consultation at this point. Between the potential residency status change, treaty benefits I might be missing, and now state tax implications, this is getting more complex than I initially thought. Do you happen to know if there are any specific credentials or certifications I should look for when finding a tax professional who specializes in non-resident situations? I want to make sure I find someone who really knows this area rather than just someone who says they do. The record keeping advice is spot on too - I've been pretty casual about tracking my travel dates, but I can see how important that's going to be going forward, especially if I have more extended projects like this one.

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Malia Ponder

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Don't forget about appreciation! If you're still relatively young, consider that the assets you're planning to leave might grow significantly. $60M could become $100M+ over 10-20 years. Since the exemption amounts are likely to grow much more slowly (if at all), you might want to do some lifetime gifting to lock in today's exemptions. Even if you don't transfer the full amount now, moving appreciating assets out of your estate earlier can save a fortune in taxes. My parents did this with some startup stock that ended up growing 15x. By putting it in trusts for the grandkids early, they avoided millions in estate and GST taxes that would have been due if they'd waited.

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This is such a helpful discussion! I'm dealing with similar estate planning questions and the interaction between these exemptions has been keeping me up at night. One thing I'd add is the importance of timing with the current exemption amounts. The current high exemptions ($12.92M per person in 2023) are set to sunset after 2025, potentially dropping back to around $6-7M per person. For estates like yours, this creates a real urgency to lock in planning strategies now. If you wait until after 2025, you might lose half of your combined exemption capacity. Even if Congress extends the higher exemptions, there's no guarantee. This is why so many high-net-worth families are accelerating their estate planning right now. Have you considered doing some lifetime gifting to your granddaughter now to use up your current exemptions while they're still available? You could potentially save millions in future taxes by acting before the exemptions potentially decrease. Just something to discuss with your estate attorney - the time value of using these exemptions now versus waiting could be enormous.

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The Boss

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This is such a crucial point about the sunset provisions! I hadn't fully grasped how significant that timing issue could be. If the exemptions get cut in half after 2025, that could literally cost millions in additional taxes for estates this size. Quick question though - if you do lifetime gifting now using the current higher exemptions, are those gifts "grandfathered" in even if the exemptions drop later? Or could there be some kind of clawback if you die after 2025 having used exemptions that are no longer available? I'm wondering if there's any risk to using the full exemption now versus a more conservative approach. The potential tax savings are huge, but I want to make sure there aren't any gotcha scenarios where early planning could backfire.

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I've been following this thread closely as someone who went through a similar conversion last year, and I wanted to share some additional resources that might help. One thing that really helped me was getting clarity on the exact tax obligations my employer was claiming. I found that many companies inflate their estimated costs by including things like "administrative burden" or "compliance overhead" that aren't actually quantifiable additional expenses. The real employer costs are pretty straightforward: - 7.65% for employer FICA match - 0.6% FUTA (on first $7,000 of wages) - State unemployment insurance (varies by state, usually 2-6%) - Workers' compensation insurance (industry-dependent, typically 0.5-3%) Even adding generous estimates for payroll processing and administrative costs, you're looking at 15-20% total additional burden - nowhere near the 40% cut they're imposing on you. What really sealed the deal for me was pointing out that legitimate W2 conversions typically maintain equivalent total compensation through some combination of salary and benefits. The fact that they're offering zero benefits while making dramatic cuts suggests they're using this conversion as cover for cost reduction rather than genuine compliance. I'd recommend requesting a detailed breakdown of their calculations in writing. If they can't justify their numbers with actual costs, you'll have strong evidence that this isn't about compliance - it's about exploiting a regulatory situation to reduce labor expenses.

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Niko Ramsey

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This is exactly the kind of detailed breakdown I needed to see! The specific tax percentages you've listed really put things in perspective - even with the most generous estimates for additional costs, there's no mathematical way to justify a 40% pay reduction. I'm particularly struck by your point about "administrative burden" and "compliance overhead" being used to inflate cost estimates. My company has been very vague about their calculations, using terms like "increased operational complexity" without providing any actual numbers. It sounds like this is a common tactic to make unreasonable cuts seem justified. The comparison to legitimate W2 conversions maintaining equivalent total compensation is really important too. It shows that what my company is doing isn't standard practice - they're choosing to slash compensation while offering nothing in return, which isn't how these transitions typically work. I'm definitely going to request that detailed written breakdown you mentioned. So far everything has been verbal explanations that fall apart under scrutiny. Having them put their math on paper will either force them to be more honest about the real costs, or give me concrete evidence that their claims are baseless. Thank you for sharing your experience - it's really helpful to hear from someone who successfully navigated a similar situation!

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AstroAce

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I'm dealing with a very similar situation right now and this entire thread has been incredibly helpful in understanding what's actually reasonable versus what companies try to get away with. What really resonates with me is how many people have pointed out that contractor rates typically already include a 25-40% premium to cover benefits, taxes, and business overhead that contractors have to handle themselves. When I think about my own situation, I was definitely charging more as a 1099 specifically because I had to cover health insurance, handle self-employment taxes, and deal with income uncertainty. So the real math should be: contractor rate minus that built-in premium, minus the employer's actual new costs (which everyone seems to agree is 15-25% max). That should result in roughly equivalent take-home pay, not a massive reduction. The fact that so many companies are using reclassification as cover for dramatic cost-cutting is really disturbing. It feels like they're exploiting regulatory compliance to justify wage theft, then gaslighting employees into thinking they should be "grateful for the stability" of W2 employment while gutting their compensation. I'm definitely going to use the strategies mentioned here - documenting everything, requesting written cost breakdowns, organizing with coworkers, and potentially contacting the Department of Labor if they won't provide reasonable justification for their numbers. This thread has given me the confidence that pushing back on these excessive cuts isn't being unreasonable - it's defending fair compensation.

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