PROPERTY EXEMPT FROM IRS LEVY.
PROPERTY EXEMPT FROM LEVY.
There shall be exempt from
APPAREL AND SCHOOL BOOKS.--Such items of wearing apparel and
such school books as are necessary for the taxpayer or for members of
PROVISIONS, FURNITURE, AND PERSONAL EFFECTS.--So much of the
fuel, provisions, furniture, and personal effects in the taxpayer's
household, and of the arms for personal use, livestock, and poultry of
the taxpayer, as does not exceed $6,250 in value;
AND TOOLS OF A TRADE, BUSINESS, OR PROFESSION.--So many of the
books and tools necessary for the trade, business, or profession of
the taxpayer as do not exceed in the aggregate $3,125 in value.
BENEFITS.--Any amount payable to an individual with respect to
his unemployment (including any portion thereof payable with respect
to dependents) under an unemployment compensation law of the United
States, of any State, or of the District of Columbia or of the
Commonwealth of Puerto Rico.
MAIL.--Mail, addressed to any person, which has not been
delivered to the addressee.
ANNUITY AND PENSION PAYMENTS.--Annuity or pension payments
under the Railroad Retirement Act, benefits under the Railroad
Unemployment Insurance Act, special pension payments received by a
person whose name has been entered on the Army, Navy, Air Force, and
Coast Guard Medal of Honor roll (38 U. S. C. 562) , and annuities
based on retired or retainer pay under chapter 73 of title 10 of the
United States Code.
COMPENSATION.--Any amount payable to an individual as workmen's
compensation (including any portion thereof payable with respect to
dependents) under a workmen's compensation law of the United States,
any State, the District of Columbia, or the Commonwealth of Puerto
FOR SUPPORT OF MINOR CHILDREN.--If the taxpayer is required by
judgment of a court of competent jurisdiction, entered prior to the
date of levy, to contribute to the support of his minor children, so
much of his salary, wages, or other income as is necessary to comply
with such judgment.
EXEMPTION FOR WAGES, SALARY, AND OTHER INCOME.--Any amount
payable to or received by an individual as wages or salary for
personal services, or as income derived from other sources, during any
period, to the extent that the total of such amounts payable to or
received by him during such period does not exceed the applicable
exempt amount determined under subsection (d).
SERVICE-CONNECTED DISABILITY PAYMENTS.--Any amount payable to
an individual as a service-connected (within the meaning of section
101(16) of title 38, United States Code) disability benefit under--
subchapter II, III, IV, V, or VI of chapter 11 of such title 38, or
chapter 13, 21, 23, 31, 32, 34, 35, 37, or 39 of such title 38.
PUBLIC ASSISTANCE PAYMENTS.--Any amount payable to an
individual as a recipient of public assistance under--
IV or title XVI (relating to supplemental security income for the
aged, blind, and disabled) of the Social Security Act, or
or local government public assistance or public welfare programs for
which eligibility is determined by a needs or income test.
UNDER JOB TRAINING PARTNERSHIP ACT.--Any amount payable to a
participant under the Job Training Partnership Act (29 U.S.C. 1501 et
seq.) from funds appropriated pursuant to such Act.
EXEMPT IN SMALL DEFICIENCY CASES AND PRINCIPAL RESIDENCES AND CERTAIN
BUSINESS ASSETS EXEMPT IN ABSENCE OF CERTAIN APPROVAL OR JEOPARDY.--
IN SMALL DEFICIENCY CASES.--If the amount of the levy does not
any real property used as a residence by the taxpayer; or
any real property of the taxpayer (other than real property which is
rented) used by any other individual as a residence.
RESIDENCES AND CERTAIN BUSINESS ASSETS.--Except to the extent
provided in subsection (e)--
the principal residence of the taxpayer (within the meaning of section
121 ); and
tangible personal property or real property (other than real property
which is rented) used in the trade or business of an individual
The officer seizing property
of the type described in subsection (a) shall appraise and set aside to
the owner the amount of such property declared to be exempt. If the
taxpayer objects at the time of the seizure to the valuation fixed by
the officer making the seizure, the Secretary shall summon three
disinterested individuals who shall make the valuation.
OTHER PROPERTY EXEMPT.--
Notwithstanding any other law
of the United States (including section 207 of the Social Security Act),
no property or rights to property shall be exempt from levy other than
the property specifically made exempt by subsection (a).
AMOUNT OF WAGES, SALARY, OR OTHER INCOME.--
ON WEEKLY BASIS.--In the case of an individual who is paid or
receives all of his wages, salary, and other income on a weekly basis,
the amount of the wages, salary, and other income payable to or
received by him during any week which is exempt from levy under
subsection (a)(9) shall be the exempt amount.
AMOUNT.--For purposes of paragraph (1), the term "exempt
amount" means an amount equal to--
standard deduction, and
the aggregate amount of the deductions for personal exemptions allowed
the taxpayer under section 151 in the taxable year in which such levy
occurs, divided by
Unless the taxpayer submits to the Secretary a written and
properly verified statement specifying the facts necessary to
determine the proper amount under subparagraph (A), subparagraph (A)
shall be applied as if the taxpayer were a married individual filing a
separate return with only 1 personal exemption.
ON BASIS OTHER THAN WEEKLY.--In the case of any individual not
described in paragraph (1), the amount of the wages, salary, and other
income payable to or received by him during any applicable pay period
or other fiscal period (as determined under regulations prescribed by
the Secretary) which is exempt from levy under subsection (a)(9) shall
be an amount (determined under such regulations) which as nearly as
possible will result in the same total exemption from levy for such
individual over a period of time as he would have under paragraph (1)
if (during such period of time) he were paid or received such wages,
salary, and other income on a regular weekly basis.
ALLOWED ON PRINCIPAL RESIDENCES AND CERTAIN BUSINESS ASSETS IN CERTAIN
REQUIRED.--A principal residence shall not be exempt from levy
if a judge or magistrate of a district court of the United States
approves (in writing) the levy of such residence.
district courts of the United States shall have exclusive jurisdiction
to approve a levy under subparagraph (A).
BUSINESS ASSETS.--Property (other than a principal residence)
described in subsection (a)(13)(B) shall not be exempt from levy if--
district director or assistant district director of the Internal
Revenue Service personally approves (in writing) the levy of such
Secretary finds that the collection of tax is in jeopardy.
An official may not approve a levy under subparagraph (A)
unless the official determines that the taxpayer's other assets
subject to collection are insufficient to pay the amount due, together
with expenses of the proceedings.
ALLOWED ON CERTAIN SPECIFIED PAYMENTS.--
Any payment described in
subparagraph (B) or (C) of section 6331(h)(2) shall not be exempt from
levy if the Secretary approves the levy thereon under section 6331(h) .
GENERAL.--In the case of any calendar year beginning after
1999, each dollar amount referred to in paragraphs (2) and (3) of
subsection (a) shall be increased by an amount equal to--
dollar amount, multiplied by
cost-of-living adjustment determined under section 1(f)(3) for such
calendar year, by substituting "calendar year 1998" for
"calendar year 1992" in subparagraph (B) thereof.
any dollar amount after being increased under paragraph (1) is not a
multiple of $10, such dollar amount shall be rounded to the nearest
multiple of $10.
Information last updated 2/5/2001