Chapter 64, Subchapter C, Part II—, Section 6334, Subsection (a) · 26 U.S.C. Chapter 64

Contents

(a)There shall be exempt from levy—

(1)Such items of wearing apparel and such school books as are necessary for the taxpayer or for members of his family;

(2)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;

(3)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.

(4)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.

(5)Mail, addressed to any person, which has not been delivered to the addressee.

(6)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. 1562), and annuities based on retired or retainer pay under chapter 73 of title 10 of the United States Code.

(7)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 Rico.

(8)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.

(9)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).

(10)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—

(A)subchapter II, III, IV, V, or VI of chapter 11 of such title 38, or

(B)chapter 13, 21, 23, 31, 32, 34, 35, 37, or 39 of such title 38.

(11)Any amount payable to an individual as a recipient of public assistance under—

(A)title IV or title XVI (relating to supplemental security income for the aged, blind, and disabled) of the Social Security Act, or

(B)State or local government public assistance or public welfare programs for which eligibility is determined by a needs or income test.

(12)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.

(13)

(A)If the amount of the levy does not exceed $5,000—

(i)any real property used as a residence by the taxpayer; or

(ii)any real property of the taxpayer (other than real property which is rented) used by any other individual as a residence.

(B)Except to the extent provided in subsection (e)—

(i)the principal residence of the taxpayer (within the meaning of section 121); and

(ii)tangible personal property or real property (other than real property which is rented) used in the trade or business of an individual taxpayer.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 26

Show every defined term

commercial financing security
means (i) paper of a kind ordinarily arising in commercial transactions, (ii) accounts receivable, (iii) mortgages on real property, and (iv) inventory.
commercial transactions financing agreement
means an agreement (entered into by a person in the course of his trade or business)— but such an agreement shall be treated as coming within the term only to the extent that such loan or purchase is made before the 46th day after the date of tax lien filing or (if earlier) before the lender or purchaser had actual notice or knowledge of such tax lien filing.
deferral period
means the period for which the payment of tax is deferred pursuant to the election under section 6166.
deferred amount
means the aggregate amount deferred under section 6166 (determined as of the date prescribed by section 6151(a) for payment of the tax imposed by chapter 11).
depository tax
means any tax if the Secretary is authorized to require deposits of such tax.
divisible tax
means—
electronic fund transfer
means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution or other financial intermediary to debit or credit an account.
employment taxes
means any taxes under chapter 21, 22, 23, or 24.
exempt amount
means an amount equal to—
inactive tax receivable
means any tax receivable if—
motor vehicle
means a self-propelled vehicle which is registered for highway use under the laws of any State or foreign country.
obligatory disbursement agreement
means an agreement (entered into by a person in the course of his trade or business) to make disbursements, but such an agreement shall be treated as coming within the term only to the extent of disbursements which are required to be made by reason of the intervention of the rights of a person other than the taxpayer.
program costs
means— For purposes of subparagraph (B), the cost of management and supervision of special compliance personnel shall be taken into account as direct overhead costs to the extent such costs, when included in total program costs under this paragraph, do not represent more than 10 percent of such total costs.
purchaser
means a person who, for adequate and full consideration in money or money’s worth, acquires an interest (other than a lien or security interest) in property which is valid under local law against subsequent purchasers without actual notice.
qualified real property
includes qualified replacement property (within the meaning of section 2032A(h)(3)(B)) and qualified exchange property (within the meaning of section 2032A(i)(3)).
qualified tax collection contract
means any contract which—
real property construction or improvement financing agreement
means an agreement to make cash disbursements to finance— For purposes of clause (iii), the furnishing of goods and services shall be treated as the disbursement of cash.
required interest amount
means the aggregate amount of interest which will be payable over the first 4 years of the deferral period with respect to the deferred amount (determined as of the date prescribed by section 6151(a) for the payment of the tax imposed by chapter 11).
required refiling period
means—
section 6166 lien property
means interests in real and other property to the extent such interests—
security
means any bond, debenture, note, or certificate or other evidence of indebtedness, issued by a corporation or a government or political subdivision thereof, with interest coupons or in registered form, share of stock, voting trust certificate, or any certificate of interest or participation in, certificate of deposit or receipt for, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing;
security interest
means any interest in property acquired by contract for the purpose of securing payment or performance of an obligation or indemnifying against loss or liability.
special compliance personnel
means individuals employed by the Internal Revenue Service as field function collection officers or in a similar position, or employed to collect taxes using the automated collection system or an equivalent replacement system.
specified payment
means—
tax lien filing
means the filing of notice (referred to in subsection (a)) of the lien imposed by section 6321.
tax receivable
means any outstanding assessment which the Internal Revenue Service includes in potentially collectible inventory.