6334(a)(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.
6334(a)(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.
6334(a)(5)
UNDELIVERED MAIL.--Mail, addressed to any person, which
has not been delivered to the addressee.
6334(a)(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. 562) , and annuities based on
retired or retainer pay under chapter 73 of title 10 of
the United States Code.
6334(a)(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.
6334(a)(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.
6334(a)(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).
6334(a)(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--
6334(a)(10)(A)
subchapter II, III, IV, V, or VI of chapter 11 of such
title 38, or
6334(a)(10)(B)
chapter 13, 21, 23, 31, 32, 34, 35, 37, or 39 of such
title 38.
6334(a)(11)
CERTAIN PUBLIC ASSISTANCE PAYMENTS.--Any amount payable to
an individual as a recipient of public assistance under--
6334(a)(11)(A)
title IV or title XVI (relating to supplemental security
income for the aged, blind, and disabled) of the Social
Security Act, or
6334(a)(11)(B)
State or local government public assistance or public
welfare programs for which eligibility is determined by a
needs or income test.
6334(a)(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.
6334(a)(13)
RESIDENCES EXEMPT IN SMALL DEFICIENCY CASES AND PRINCIPAL
RESIDENCES AND CERTAIN BUSINESS ASSETS EXEMPT IN ABSENCE
OF CERTAIN APPROVAL OR JEOPARDY.--
6334(a)(13)(A)
RESIDENCES IN SMALL DEFICIENCY CASES.--If the amount of
the levy does not exceed $5,000--
6334(a)(13)(A)(i)
any real property used as a residence by the taxpayer; or
6334(a)(13)(A)(ii)
any real property of the taxpayer (other than real
property which is rented) used by any other individual as
a residence.
6334(a)(13)(B)
PRINCIPAL RESIDENCES AND CERTAIN BUSINESS ASSETS.--Except
to the extent provided in subsection (e)--
6334(a)(13)(B)(i)
the principal residence of the taxpayer (within the
meaning of section 121 ); and
6334(a)(13)(B)(ii)
tangible personal property or real property (other than
real property which is rented) used in the trade or
business of an individual taxpayer.
6334(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.
6334(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).
6334(d) EXEMPT AMOUNT OF WAGES, SALARY, OR OTHER
INCOME.--
6334(d)(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.
6334(d)(2)
EXEMPT AMOUNT.--For purposes of paragraph (1), the term
"exempt amount" means an amount equal to--
6334(d)(2)(A)
the sum of--
6334(d)(2)(A)(i)
the standard deduction, and
6334(d)(2)(A)(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.
6334(d)(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.
6334(e)
LEVY ALLOWED ON PRINCIPAL RESIDENCES AND CERTAIN BUSINESS
ASSETS IN CERTAIN CIRCUMSTANCES.--
6334(e)(1)
PRINCIPAL RESIDENCES.--
6334(e)(1)(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.
6334(e)(1)(B)
JURISDICTION.--The district courts of the United States
shall have exclusive jurisdiction to approve a levy under
subparagraph (A).
6334(e)(2)
CERTAIN BUSINESS ASSETS.--Property (other than a principal
residence) described in subsection (a)(13)(B) shall not be
exempt from levy if--
6334(e)(2)(A)
a district director or assistant district director of the
Internal Revenue Service personally approves (in writing)
the levy of such property; or
6334(e)(2)(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.
6334(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) .
6334(g) INFLATION ADJUSTMENT.--
6334(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--
6334(g)(1)(A)
such dollar amount, multiplied by
6334(g)(1)(B)
the 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.
6334(g)(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.