Rejected for OIC Pre-Qualifier Because of My Retirement Account - Will IRS Make Me Liquidate?
I've been wrestling with a tax debt from 2011 that's been hanging over my head for years. I've managed to pay it down to about $12,800 (around $9,500 principal, $1,400 in failure to pay penalties, and $1,900 in interest). The good news is I'm expecting a federal refund of about $6,500 this year since I overpaid my estimated taxes (finally doing something right!). That should automatically apply to my debt and bring it down to roughly $6,300, which helps but doesn't solve my problem. Here's my issue - I tried going through the Offer In Compromise (OIC) pre-qualifier process, but got rejected because of my assets. The only real asset I have is a Roth IRA worth about $16,000 that I've had since I left my corporate job in 2013. It's been performing well (about 11.5% annual return over the last decade), so I really don't want to cash it out and take the penalties. My question is: Would the IRS consider an OIC application even though I have this retirement account? Or will they automatically expect me to drain my retirement savings to pay off the tax debt? I'm trying to figure out if an OIC is even worth pursuing at this point.
19 comments


Luca Ricci
While the IRS doesn't automatically require you to liquidate retirement accounts for an OIC, they do consider them available assets. Here's what you need to know: The IRS typically values retirement accounts at "quick sale value" (usually 80% of current value) when considering an OIC. They generally recognize these accounts are for your future, but they're still counted in your reasonable collection potential (RCP). Your specific scenario is tricky because the retirement account value appears sufficient to cover your remaining debt. The IRS looks at whether you can reasonably pay the debt in full, either immediately or through a payment plan. Since your Roth IRA could cover the debt, they'll likely expect you to use those funds. That said, there are alternatives to explore. You might qualify for a partial payment installment agreement (PPIA) that would let you make reduced monthly payments while preserving your retirement savings. Or, depending on your age and financial situation, you might qualify for Currently Not Collectible status.
0 coins
Aisha Mohammed
•Thanks for the insight! I'm curious though - does age factor into this at all? I'm 52, so not exactly close to retirement but not far either. Would the IRS be more likely to let me keep retirement funds intact since I'm getting closer to actually needing them?
0 coins
Luca Ricci
•Age definitely factors into the IRS's decision-making process. At 52, you're getting closer to retirement age, which works in your favor. The IRS is more likely to allow older taxpayers to preserve retirement funds compared to someone in their 30s. Another important factor is whether you have other retirement savings beyond this Roth IRA. If this $16,000 represents your only retirement savings after decades of working, the IRS might be more sympathetic than if you had substantial other retirement assets.
0 coins
Ethan Campbell
After struggling with almost the exact same situation last year, I found this amazing tool called taxr.ai (https://taxr.ai) that really helped me understand my options with the IRS. I had about $14k in tax debt and a similar retirement account situation, and I was getting nowhere with the standard OIC pre-qualifier. The tool analyzed my specific financial situation and explained exactly why I was being rejected for the OIC and what alternatives I might qualify for. It showed me that a partial payment installment agreement was actually better for my situation than an OIC, and helped me understand exactly what documentation I needed to provide the IRS. What I liked most was that it explained how the IRS actually views retirement accounts for different age groups and financial situations - turns out the "rules" aren't as rigid as the pre-qualifier makes them seem.
0 coins
Yuki Watanabe
•How exactly does this work? I'm a bit skeptical about tax tools since I've been burned before. Does it just give general advice or does it actually analyze your specific situation? And how does it get accurate information about IRS policies?
0 coins
Carmen Sanchez
•I'm wondering how much this costs? The IRS already has free tools and the IRS taxpayer advocate service is free too. What makes this worth paying for compared to those options?
0 coins
Ethan Campbell
•The tool works by having you upload your financial documents and tax notices, which it then analyzes using AI that's been trained on IRS procedures and tax code. It's definitely not just general advice - it provides recommendations specific to your situation. It's continually updated with current IRS policies and procedures, so the information is current and accurate. I was initially skeptical too, but the detailed analysis it provided about my specific retirement account situation and tax debt was far more helpful than the generic advice I got elsewhere.
0 coins
Yuki Watanabe
I just want to follow up on my experience with taxr.ai after trying it based on this thread. I was really surprised by how helpful it was! I've been dealing with a $9,000 tax debt and an OIC rejection for months, and feeling completely stuck. The tool identified that my case actually qualified for a hardship status I didn't know about, and it created a complete financial analysis showing exactly why. It also helped me understand exactly why my retirement accounts were causing the OIC rejection and gave me specific alternatives. What impressed me most was how it explained the exact IRS manual sections that applied to my situation - this gave me the confidence to have an informed conversation with the IRS. Definitely worth checking out if you're dealing with tax debt negotiations.
0 coins
Andre Dupont
Have you tried calling the IRS directly? I know it sounds obvious, but it took me FOREVER to get through to someone who could actually help with my OIC questions. I finally used Claimyr (https://claimyr.com) and got through to an IRS agent in about 20 minutes instead of spending hours on hold. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was in a similar situation with about $18K in tax debt and a $22K 401k. The IRS agent I spoke with explained that they look at your entire financial situation, not just the retirement account balance. They told me that while the retirement account is technically an asset, they consider factors like age, other assets, income, and expenses before making a determination. The agent recommended I work with the IRS Collections department directly to explain my situation rather than just relying on the online pre-qualifier tool, which is pretty basic and doesn't account for nuances.
0 coins
Zoe Papadakis
•Wait, how does this Claimyr thing actually work? You're saying it gets you through to the IRS faster? That sounds too good to be true. I've literally spent DAYS of my life on hold with them.
0 coins
ThunderBolt7
•This smells like a scam. The IRS phone system is what it is - no service can magically make agents pick up faster. Are they just calling for you? How is that worth paying for? And how do they handle sensitive tax info?
0 coins
Andre Dupont
•It's not magic - they use technology that continuously calls the IRS and navigates the phone tree for you. When they reach a real person, you get a call connecting you directly to that agent. It saves you from being the one sitting on hold for hours. They don't access any of your sensitive tax information. You're the one who speaks directly with the IRS agent - Claimyr just handles the hold time and phone tree navigation for you. After trying it myself, I realized how much time and frustration it saved. I was able to get specific advice about my OIC and retirement account situation in one call instead of making multiple attempts.
0 coins
ThunderBolt7
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it myself since I was desperate to talk to someone at the IRS about my own tax payment issues. The service actually worked exactly as described - I got a call back within about 35 minutes letting me know they had an IRS agent on the line. The conversation with the agent was incredibly helpful. They explained that the online OIC pre-qualifier is very rigid, but actual OIC evaluations have more flexibility. The agent walked me through what documentation I would need to submit for them to properly evaluate my financial situation, including my retirement accounts. They also told me about a payment plan option I hadn't considered that would let me preserve my retirement savings. Honestly, getting this information directly from an IRS agent was worth every penny just in the stress it saved me.
0 coins
Jamal Edwards
I've been through this exact situation. The major factor the IRS considered in my case was whether the retirement account was my ONLY retirement savings and how close I was to retirement age. They're less likely to make you liquidate if: 1) You're over 55 2) This is your primary/only retirement savings 3) Liquidating would cause significant penalties 4) You can show ability to pay through an installment agreement The OIC pre-qualifier is super strict and rejects a lot of people who might actually qualify. My advice is to consult with a tax professional who specializes in IRS controversy before making any decisions about liquidating retirement funds.
0 coins
Mei Chen
•Do tax years matter with this? My debt is from 2013, so I'm wondering if the age of the debt impacts whether they expect me to use retirement funds. Some people told me older tax debts have more flexibility?
0 coins
Jamal Edwards
•The age of the tax debt does influence how the IRS approaches your case. Generally, older tax debts (like yours from 2013) may have more flexibility because they're getting closer to the 10-year statute of limitations for collection. The IRS is often more willing to accept a reasonable payment plan or even a reduced settlement amount when the debt is older, since they know their collection window is shrinking. This doesn't directly relate to whether they'll make you tap into retirement funds, but it does mean they might be more flexible with alternative payment arrangements that let you preserve those retirement savings.
0 coins
Liam O'Sullivan
Has anyone else noticed the OIC pre-qualifier seems ridiculously strict? I got rejected automatically too because of a tiny 401k, but when I actually applied for an OIC with help from my accountant, I got approved! The pre-qualifier is just a basic screening tool and doesn't consider all the factors a real IRS employee would.
0 coins
Amara Okonkwo
•I had the same experience! Pre-qualifier said no way, but actual OIC got approved. My tax pro said the key was documenting special circumstances and financial hardship. The online tool can't evaluate those nuances.
0 coins
Maggie Martinez
The key thing to understand is that the OIC pre-qualifier is essentially a basic screening tool that doesn't capture the full picture of your situation. At 52 with only $16k in retirement savings, you're actually in a much better position than the pre-qualifier suggests. Here's what I'd recommend: Don't let the pre-qualifier rejection discourage you from pursuing an actual OIC application. The IRS will consider several factors that the online tool doesn't account for: 1) Your age (52 is definitely a factor in your favor) 2) Whether this is your only retirement savings 3) Your future earning potential 4) The age of your tax debt (2011 is getting close to the 10-year collection statute) Given that your debt will be around $6,300 after your refund is applied, and you have $16k in retirement savings, the math might actually work in your favor for an OIC. The IRS typically values retirement accounts at 80% of current value for collection purposes, so they'd see about $12,800 in available funds. However, they also consider that forcing you to liquidate your only retirement savings at 52 creates a genuine hardship. I'd strongly suggest working with a tax professional who can help you document your financial situation properly and present a compelling case for why preserving your retirement funds serves both your interests and the government's long-term collection interests.
0 coins