26 U.S. Code § 6343 - Authority to release levy and return property
In the case of any tangible personal property essential in carrying on the trade or business of the taxpayer, the Secretary shall provide for an expedited determination under paragraph (1) if levy on such tangible personal property would prevent the taxpayer from carrying on such trade or business.
In the case of a levy on the salary or wages payable to or received by the taxpayer, upon agreement with the taxpayer that the tax is not collectible, the Secretary shall release such levy as soon as practicable.
1998—Subsec. (d)(2)(D). Pub. L. 105–206, § 1102(d)(1)(B), substituted “National Taxpayer Advocate” for “Taxpayer Advocate” in two places.
Subsec. (e). Pub. L. 105–206, § 3432(a), added subsec. (e).
1996—Subsec. (d). Pub. L. 104–168 added subsec. (d).
1988—Subsec. (a). Pub. L. 100–647 inserted “and notice of release” after “levy” in heading and amended text generally. Prior to amendment, text read as follows: “It shall be lawful for the Secretary, under regulations prescribed by the Secretary, to release the levy upon all or part of the property or rights to property levied upon where the Secretary determines that such action will facilitate the collection of the liability, but such release shall not operate to prevent any subsequent levy.”
1986—Subsec. (c). Pub. L. 99–514 substituted “the overpayment rate established under section 6621” for “an annual rate established under section 6621”.
1979—Subsec. (c). Pub. L. 96–167 added subsec. (c).
1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.
1966—Pub. L. 89–719 inserted “and return property” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
Amendment by Pub. L. 89–719 applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)–(c) of Pub. L. 89–719, set out as a note under section 6323 of this title.
Written determinations for this section
These documents, sometimes referred to as "Private Letter Rulings", are taken from the IRS Written Determinations page; the IRS also publishes a fuller explanation of what they are and what they mean. The collection is updated (at our end) daily. It appears that the IRS updates their listing every Friday.
Note that the IRS often titles documents in a very plain-vanilla, duplicative way. Do not assume that identically-titled documents are the same, or that a later document supersedes another with the same title. That is unlikely to be the case.
Release dates appear exactly as we get them from the IRS. Some are clearly wrong, but we have made no attempt to correct them, as we have no way guess correctly in all cases, and do not wish to add to the confusion.
We truncate results at 20000 items. After that, you're on your own.
- Authority to Release Levy : 2015-08-21
- Authority to Release Levy : 2015-06-26
- Future Advances : 2015-06-26
- Authority to Release Levy : 2013-12-13
- Authority to Release Levy : 2011-04-29
- Authority to Release Levy : 2011-02-18
- Levy and Distraint : 2011-02-18
- Miscellaneous Issues : 2011-02-18
- Authority to Release Levy : 2009-05-29
- Offers in Compromises : 2009-05-29
- Authority to Release Levy : 2009-04-03
- Authority to Make Credits or Refunds : 2009-04-03
- Civil Actions by Persons Other Than Taxpayers : 2009-04-03
- Authority to Release Levy : 2001-09-21
- Authority to Make Credits or Refunds : 2001-09-21
- Surplus Proceeds : 2001-09-21
- Credit of Overpayment Against Any Tax Liability : 2001-09-21
- Limitations on Credit or Refund Barred v. Not Barred : 2001-09-21
- Authority to Release Levy : 2000-10-06
- Limitations on Credit or Refund Barred v. Not Barred : 2000-10-06
- Authority to Release Levy : 2000-07-14
- Limitations on Credit or Refund Barred v. Not Barred : 2000-07-14
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