§ 44-53-17 - Release of levy.
SECTION 44-53-17
§ 44-53-17 Release of levy. – (a) It shall be lawful for the tax administrator, under regulations prescribedby the tax administrator, to release the levy upon all or part of the propertyor rights to property levied upon where it is determined that the actionfacilitates the collection of the liability, but the release shall not operateto prevent any subsequent levy.
(b) If the tax administrator determines that property hasbeen wrongfully levied upon, it shall be lawful for the tax administrator toreturn:
(i) The specific property levied upon;
(ii) An amount of money equal to the amount of money leviedupon; or
(iii) An amount of money equal to the amount of moneyreceived by the state from a sale of the property.
(2) Property may be returned at any time. An amount equal tothe amount of money levied upon or received from the sale may be returned atany time before the expiration of nine (9) months from the date of the levy.For the purposes of paragraph (1)(iii) of this subsection, if property isdeclared purchased by the state at a sale pursuant to § 44-53-9 relatingto the manner and conditions of sale, the state shall be treated as havingreceived an amount of money equal to the minimum price determined pursuant tothat section or, if larger, the amount received by the state from the resale ofthe property. For the purposes of paragraphs (1)(ii) and (1)(iii) of thissubsection, the tax administrator shall certifie the amount of money to thestate treasurer, who shall pay it immediately without specificappropriationfrom the proceeds of the tax to which the money was originallycredited.