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Former employer misclassified me & botched my taxes for years - now that I've quit, what are my options?

My former employer royally screwed up my taxes over several years and I'm trying to figure out what to do now that I've left. Initially, they misclassified me as a 1099 contractor for about 2.5 years, even though I was clearly an employee (set hours, using company equipment, same workspace daily, etc). After pushing back repeatedly, they finally switched me to W2 status. But even after becoming a W2 employee, the problems continued. My boss underreported my salary and didn't withhold enough taxes last year. There's a clear $2000 discrepancy between what my W2 shows I earned (minus withholdings) versus what I actually took home. For whatever reason, she never used actual payroll software - I was paid with personal checks each week. I've saved most of these checks (thankfully mobile deposit lets you keep images) and have bank records for the few I deposited in person. When I filed my taxes, I was hit with a federal tax bill of nearly $2000! She didn't withhold ANY state taxes either, so I already had to write the state a check for around $650. To make things worse, she actually decreased my pay at the beginning of this year citing a "tax error." I found a new job and quit in March, but I'm positive the first quarter of 2024 will be another tax disaster. During those 1099 years, I ended up owing the government around $13K in taxes because of the misclassification. I didn't report her then because I was afraid of retaliation. Here's my dilemma: I still work in this industry which is pretty small and tight-knit. I have a family lawyer but haven't contacted him yet. Should I just let this go or report her? How would I even report this? Would she know it was me? Would they audit just my situation or all her employees? I filed with an extension this year and my return still isn't showing up on the IRS website - could she already be under audit? Any advice would be appreciated!

Anna Stewart

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One thing nobody has mentioned yet - you should also consider filing with your state's Department of Labor about the misclassification. The IRS handles the federal tax issues, but your state labor department can help recover other benefits you might have missed out on due to being misclassified. I had almost the exact situation (1099 then W2 with issues) and filing with my state's labor board got me back wages for unpaid overtime, missed meal breaks, and even some unpaid PTO that I should have accrued as an employee. Plus they investigated the company's practices with other employees too.

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Wouldn't this definitely cause problems with OP staying in the industry though? The DOL investigation would name them specifically right? Unlike the IRS where there's at least some level of confidentiality?

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Anna Stewart

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You're right that there's less anonymity with a state labor board complaint. They typically inform the employer who filed the complaint during the investigation process. That said, there are strong anti-retaliation laws that make it illegal for your former employer to badmouth you in the industry or interfere with future employment. Whether this causes industry problems really depends on your specific situation - how vindictive your former employer might be, how large the industry is in your area, and how much power they have within it. It's definitely something to weigh carefully based on your individual circumstances and tolerance for potential conflict.

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Ok so I've worked as a bookkeeper and seen this from the other side. Sometimes business owners genuinely don't understand proper classification and tax withholding (not excusing it, just saying). Before you go nuclear with reporting, have you tried having a direct conversation with your former boss about the discrepancies? I've seen situations where a direct, professional conversation with documentation showing the errors led to the employer fixing the W2s and even reimbursing the employee for the extra taxes they paid. Might be worth a shot before investing time in formal reports and potential industry drama.

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I did try talking to her about it while I was still working there. She blamed her accountant for all the mistakes but never actually fixed anything. When I brought it up again after getting my W2 and seeing all the problems, she got defensive and basically said her books were correct and I must be mistaken. That's when she cut my pay citing "tax errors" that needed to be "corrected" going forward. I've been hesitant to reach out again since quitting because our last conversations were pretty tense. But maybe a formal letter outlining the issues with copies of the checks would be worth trying before filing anything official?

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A formal letter is definitely worth trying. Make it professional, not accusatory, and focus on the factual discrepancies with your documentation attached. Suggest that you're hoping to resolve this directly before having to involve tax authorities. Send it certified mail so you have proof she received it. Give a reasonable timeframe for response (like 14 days). This approach gives her one last chance to correct things, and if she doesn't respond, you've created additional documentation of your good-faith efforts to resolve the situation before filing official complaints. That paper trail of attempting resolution can be beneficial if you do need to escalate things.

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Don't forget about state taxes too! The IRS garnishment might be federal, but if you haven't filed federal returns, chances are you haven't filed state returns either. States can be even more aggressive with collections sometimes. Make sure you address both when getting caught up, or you might fix the federal issue only to have the state start garnishing next. Some states have different lookback periods for refunds too, so you might be able to claim refunds from years that are too old for federal.

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Zara Malik

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That's a really good point I hadn't considered. I'm in Texas so I don't have state income tax, but I did live in California for part of 2020 before moving. Does that mean I need to file a partial year California return for that period?

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Yes, you would need to file a part-year resident California return for 2020. California is particularly aggressive with non-filers and has a longer statute of limitations than the IRS for certain things. Since you sold property during that period, California will be especially interested in whether any capital gains tax is due to them. When you file as a part-year resident, you'll only pay California tax on income earned while living there, plus any California-source income (like rental income from California property) earned after you moved. Given the housing market in 2020, there might be significant tax implications depending on how long you owned the California property.

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Carmen Ruiz

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Has anyone used TurboTax to file back taxes? I'm in a similar situation (3 years unfiled) but don't know if I should use software or find a professional.

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You can use TurboTax for prior years, but you'll need to buy the desktop software for each specific tax year you need to file - the online version only works for current year. And if your situation includes property sales or complex investments, you'll definitely need the premium versions.

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LunarEclipse

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One thing nobody's mentioned yet - don't forget that as an S-corp owner, you need to run actual payroll (either yourself or through a service) for your W-2 wages. Those payroll taxes need to be deposited regularly (usually monthly or semi-weekly depending on your size) and are separate from your quarterly estimated income tax payments. I use Gusto for payroll and it automatically calculates and submits all the payroll taxes including the employer portion. Then I just make quarterly 1040-ES payments for the additional tax on my distributions.

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Yara Khalil

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Do you need to make estimated tax payments if you have a decent amount withheld from your W-2 salary? Like could I just increase my W-2 withholding and skip the quarterlies?

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LunarEclipse

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Yes, you absolutely can increase your W-2 withholding instead of making separate quarterly payments! This is actually a great strategy many S-corp owners use. You can use the higher withholding from your S-corp salary to cover your tax liability on both your salary AND distributions. Just complete a new W-4 form requesting additional withholding to cover the tax on your distributions. The IRS doesn't care whether the tax comes through withholding or estimated payments, as long as you're paying enough throughout the year to avoid underpayment penalties.

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Keisha Brown

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What accounting software are ppl using for their S-corps? I'm trying to figure out how to track everything properly for taxes.

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I've been using QuickBooks Online for my S-corp for 3 years now. It's not perfect but it lets you categorize distributions vs owner draws properly and generates decent reports for tax time. Just make sure you set it up correctly from the beginning!

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Lourdes Fox

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I think everyone's missing an important point here. If your relative paid $4,600 for your rental property expenses, that could potentially count toward the annual gift tax exclusion limit. For 2025, the gift tax exclusion is $18,000 per person, so your uncle would be fine, but it's something to consider if the amounts get larger or if he's making other gifts to you. Also, make sure you're not counting the expenses twice. The property management company probably already deducted their fees from the rental income before sending you the 1099. You'll want to carefully look at what expenses are already accounted for versus what additional expenses your uncle covered.

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Daniel White

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That's a really good point about the gift tax exclusion - I hadn't even thought about that angle. My uncle definitely hasn't given me anywhere near the $18,000 limit, so we should be fine there. And yes, you're absolutely right about the management company. Looking closer at my statements, they've already deducted their management fee, cleaning costs, and a couple minor repairs from the rental income reported on the 1099. The expenses my uncle covered were mainly the property taxes, insurance premium, and a major plumbing repair that happened outside the management company's scope. Thanks for pointing this out!

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What tax software are you using? I had this EXACT scenario last year with my beach condo (family member paid expenses) and TurboTax handled it perfectly. There's a specific section where you can enter expenses you paid, and it clearly separates those from the income reported on the 1099. Just make sure to document the gift nature of the payments somewhere in your records.

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I tried doing this in H&R Block software last year and it was super confusing. It kept asking who paid what and I couldn't figure out where to note that my dad had paid some expenses as gifts. Did TurboTax have a specific field for this?

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Daniel Price

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One thing to consider with HSAs is that the contribution limit and eligibility requirements can be complex if your situation changes. I had a similar situation with a non-calendar year plan, and here's something that bit me: if your health coverage changes mid-year and you lose HSA eligibility, you generally have to prorate your contributions for that year. Make sure your HR department updates your payroll deductions correctly if your plan changes in July. Mine didn't, and I ended up with an excess contribution that I had to withdraw and report on my taxes. It was a mess to fix.

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Olivia Evans

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Did you have to pay penalties when you withdrew the excess contribution? I'm in a similar boat and wondering what the damage might be.

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Daniel Price

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No penalties as long as I withdrew the excess contribution (plus any earnings on that amount) before I filed my taxes for that year. The earnings were treated as taxable income, but that was minimal in my case. If you've already filed or it's been longer than your tax deadline, there's a 6% excise tax on excess contributions for each year they remain in the account. Don't delay dealing with it - that penalty can add up!

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Just a heads up that it's sometimes worth checking if your employer will adjust the plan deductible to maintain HSA eligibility. When the limits changed a few years ago, my company bumped our deductible up by $100 mid-year specifically so employees wouldn't lose HSA eligibility. Might be worth asking your benefits department if they're planning to make any adjustments in July when your plan renews.

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Aiden Chen

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This is great advice. Our company did the same thing when the limits changed in 2022. HR sent out a notice that they were adjusting the deductible to maintain HSA eligibility for everyone. They said it was easier than dealing with all the payroll adjustment requests that would happen otherwise.

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