Cases: United States v. Novak, 476 F.3d 1041 (9th Cir. 2007)
Final rules 3
(a) Enumeration There shall be exempt from levy—
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(1) Wearing apparel and school books Such items of wearing apparel and such school books as are necessary for the taxpayer or for members of his family;
(2) Fuel, 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;
Amended 1982, 1988, 1996, 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3431(a), substituted “$6,250” for “$2,500”.
- 1996 Pub. L. 104-168 Pub. L. 104–168, § 502(a), substituted “So” for “If the taxpayer is the head of a family, so”, “the taxpayer’s household” for “his household”, and “$2,500” for “$1,650 ($1,550 in the case of levies issued during 1989)”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(1), substituted “$1,650 ($1,550 in the case of levies issued during 1989)” for “$1,500”.
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 347(a)(1), substituted “$1,500” for “$500”.
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(3) Books 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.
Amended 1982, 1988, 1996, 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3431(b), substituted “$3,125” for “$1,250”.
- 1996 Pub. L. 104-168 Pub. L. 104–168, § 502(b), substituted “$1,250” for “$1,100 ($1,050 in the case of levies issued during 1989)”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(2), substituted “$1,100 ($1,050 in the case of levies issued during 1989)” for “$1,000”.
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 347(a)(2), substituted “$1,000” for “$250”.
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(4) Unemployment 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.
Amended 1958, 1966
- 1966 Pub. L. 89-719 Pub. L. 89–719, § 104(c)(1), struck out “or Territory” after “of any State”.
- 1958 Pub. L. 85-840 Pub. L. 85–840 added par. (4).
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(5) Undelivered mail Mail, addressed to any person, which has not been delivered to the addressee.
Amended 1965
- 1965 Pub. L. 89-44 Pub. L. 89–44 added par. (5).
(6) Certain 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. 1562), and annuities based on retired or retainer pay under chapter 73 of title 10 of the United States Code.
Amended 1966, 1991
- 1991 Pub. L. 102-83 Pub. L. 102–83 substituted “1562” for “562”.
- 1966 Pub. L. 89-719 Pub. L. 89–719, § 104(c)(2), added pars. (6) and (7).
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(7) Workmen’s 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 Rico.
Amended 1966
- 1966 Pub. L. 89-719 Pub. L. 89–719, § 104(c)(2), added pars. (6) and (7).
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(8) Judgments 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.
Amended 1969, 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1209(c), substituted “Judgments for support of minor children” for “Salary, wages, or other income” in heading.
- 1969 Pub. L. 91-172 Pub. L. 91–172 added par. (8).
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(9) Minimum 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).
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1209(a), added par. (9).
Cases: Melton v. Teachers Insurance & Annuity Ass'n of America, 114 F.3d 557 (5th Cir. 1997)
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(10) Certain 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—
Amended 1986, 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1015(o)(2), (3), redesignated subpar. (C) as (B) and substituted “13, 21, 23” for “21”, and struck out former subpar. (B), which read as follows: “subchapter I, II, or III of chapter 19 of such title 38, or”.
- 1986 Pub. L. 99-514 Pub. L. 99–514 added par. (10).
(A) subchapter II, III, IV, V, or VI of chapter 11 of such title 38, or
Amended 1988, 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141 substituted “V, or VI” for “V,, or VI”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1015(o)(1), substituted “III, IV, V,” for “IV” and added “or” at end.
(B) chapter 13, 21, 23, 31, 32, 34, 35, 37, or 39 of such title 38.
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1015(o)(2), (3), redesignated subpar. (C) as (B) and substituted “13, 21, 23” for “21”, and struck out former subpar. (B), which read as follows: “subchapter I, II, or III of chapter 19 of such title 38, or”.
(11) Certain public assistance payments Any amount payable to an individual as a recipient of public assistance under—
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(4)(A), added pars. (11) to (13).
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(A) title IV or title XVI (relating to supplemental security income for the aged, blind, and disabled) of the Social Security Act, or
Amended 1996, 1997
- 1997 Pub. L. 105-33 Pub. L. 105–33, § 5514(a)(3), made technical amendment to directory language of Pub. L. 104–193, § 110(l)(3). See 1996 Amendment note below.
- 1996 Pub. L. 104-193 Pub. L. 104–193, § 110(l)(3), formerly § 110(l)(6), as renumbered and amended by Pub. L. 105–33, struck out “(relating to aid to families with dependent children)” after “title IV”.
(B) State or local government public assistance or public welfare programs for which eligibility is determined by a needs or income test.
(12) Assistance 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.
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(4)(A), added pars. (11) to (13).
(13) Residences exempt in small deficiency cases and principal residences and certain business assets exempt in absence of certain approval or jeopardy
Amended 1988, 1997, 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3445(a), amended heading and text of par. (13) generally. Prior to amendment, text read as follows: “Except to the extent provided in subsection (e), the principal residence of the taxpayer (within the meaning of section 121).”
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 312(d)(1), substituted “section 121” for “section 1034”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(4)(A), added pars. (11) to (13).
(A) Residences in small deficiency cases 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) Principal residences and certain business assets Except to the extent provided in subsection (e)—
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(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.
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(b) Appraisal 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.
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
(c) No 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).
Amended 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369 inserted “(including section 207 of the Social Security Act)”.
Cases: United States v. Rodgers, 461 U.S. 677 (1983)
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(d) Exempt amount of wages, salary, or other income
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1209(b), added subsec. (d).
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(1) Individuals 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.
Amended 1982, 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(3)(A), amended par. (1) generally, striking out after introductory provisions the following definition of exempt amount:
“(A) $75, plus
“(B) $25 for each individual who is specified in a written statement which is submitted to the person on whom notice of levy is served and which is verified in such manner as the Secretary shall prescribe by regulations and—
“(i) over half of whose support for the payroll period was received from the taxpayer,
“(ii) who is the spouse of the taxpayer, or who bears a relationship to the taxpayer specified in paragraphs (1) through (9) of section 152(a) (relating to definition of dependents), and
“(iii) who is not a minor child of the taxpayer with respect to whom amounts are exempt from levy under subsection (a)(8) for the payroll period.
For purposes of subparagraph (B)(ii) of the preceding sentence, ‘payroll period’ shall be substituted for ‘taxable year’ each place it appears in paragraph (9) of section 152(a).”
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 347(a)(3)(A), substituted “$75” for “$50”.
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 347(a)(3)(B), substituted “$25” for “$15”.
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(2) Exempt amount For purposes of paragraph (1), the term “exempt amount” means an amount equal to—
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(3)(B), added par. (2) and redesignated former par. (2) as (3).
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(A) the sum of—
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(i) the standard deduction, and
(ii) 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
(B) 52.
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.
(3) Individuals 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.
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(3)(B), added par. (2) and redesignated former par. (2) as (3).
(4) Years when personal exemption amount is zero
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 11041(d), added par. (4).
(A) In general In the case of any taxable year in which the exemption amount under section 151(d) is zero, paragraph (2) shall not apply and for purposes of paragraph (1) the term “exempt amount” means an amount equal to—
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(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by
(ii) 52.
(B) Amount determined For purposes of subparagraph (A), the amount determined under this subparagraph is $4,150 multiplied by the number of the taxpayer’s dependents for the taxable year in which the levy occurs.
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(C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2018, the $4,150 amount in subparagraph (B) shall be increased by an amount equal to—
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(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2017” for “2016” in subparagraph (A)(ii) thereof.
If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.
(D) Verified statement 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 no dependents.
(e) Levy allowed on principal residences and certain business assets in certain circumstances
Amended 1988, 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3445(b), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “Property described in subsection (a)(13) shall not be exempt from levy if—
“(1) a district director or assistant district director of the Internal Revenue Service personally approves (in writing) the levy of such property, or
“(2) the Secretary finds that the collection of tax is in jeopardy.”
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 6236(c)(4)(B), added subsec. (e).
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(1) Principal residences
(A) Approval 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.
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(B) Jurisdiction The district courts of the United States shall have exclusive jurisdiction to approve a levy under subparagraph (A).
(2) Certain business assets Property (other than a principal residence) described in subsection (a)(13)(B) shall not be exempt from levy if—
(A) a district director or assistant district director of the Internal Revenue Service personally approves (in writing) the levy of such property; or
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(B) the 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.
(f) Levy 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).
Amended 1996, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34 added subsec. (f) and redesignated former subsec. (f) as (g).
- 1996 Pub. L. 104-168 Pub. L. 104–168, § 502(c), added subsec. (f).
(g) Inflation adjustment
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34 added subsec. (f) and redesignated former subsec. (f) as (g).
(1) In 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—
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3431(c)(1), substituted “1999” for “1997” in introductory provisions.
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(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, by substituting “calendar year 1998” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Amended 1998, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 11002(d)(1)(II), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3431(c)(2), substituted “1998” for “1996”.
(2) Rounding If 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.