§ 6334. Property exempt from levy
(a)
Enumeration
There shall be exempt from levy—
(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;
(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.
(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.
(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.
(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.
(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.
(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).
(10)
Certain service-connected disability payments
(11)
Certain public assistance payments
Any amount payable to an individual as a recipient of public assistance under—
(13)
Residences exempt in small deficiency cases and principal residences and certain business assets exempt in absence of certain approval or jeopardy
(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.
(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).
(d)
Exempt amount of wages, salary, or other income
(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.
(2)
Exempt amount
For purposes of paragraph (1), the term “exempt amount” means an amount equal to—
(A)
the sum of—
(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
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.
(e)
Levy allowed on principal residences and certain business assets in certain circumstances
(1)
Principal residences
(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
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.
(g)
Inflation adjustment
[1] So in original.