26 U.S. Code § 6343 - Authority to release levy and return property
prev | next
(a) Release of levy and notice of release
(1) In general
Under regulations prescribed by the Secretary, the Secretary shall release the levy upon all, or part of, the property or rights to property levied upon and shall promptly notify the person upon whom such levy was made (if any) that such levy has been released if—
(A) the liability for which such levy was made is satisfied or becomes unenforceable by reason of lapse of time,
(C) the taxpayer has entered into an agreement under section 6159 to satisfy such liability by means of installment payments, unless such agreement provides otherwise,
(D) the Secretary has determined that such levy is creating an economic hardship due to the financial condition of the taxpayer, or
(E) the fair market value of the property exceeds such liability and release of the levy on a part of such property could be made without hindering the collection of such liability.
For purposes of subparagraph (C), the Secretary is not required to release such levy if such release would jeopardize the secured creditor status of the Secretary.
(2) Expedited determination on certain business 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.
(b) Return of property
If the Secretary determines that property has been wrongfully levied upon, it shall be lawful for the Secretary to return—
(3) an amount of money equal to the amount of money received by the United States from a sale of such property.
Property may be returned at any time. An amount equal to the amount of money levied upon or received from such sale may be returned at any time before the expiration of 9 months from the date of such levy. For purposes of paragraph (3), if property is declared purchased by the United States at a sale pursuant to section 6335 (e) (relating to manner and conditions of sale), the United States shall be treated as having received an amount of money equal to the minimum price determined pursuant to such section or (if larger) the amount received by the United States from the resale of such property.
Interest shall be allowed and paid at the overpayment rate established under section 6621—
(1) in a case described in subsection (b)(2), from the date the Secretary receives the money to a date (to be determined by the Secretary) preceding the date of return by not more than 30 days, or
(d) Return of property in certain cases
(2) the Secretary determines that—
(A) the levy on such property was premature or otherwise not in accordance with administrative procedures of the Secretary,
(B) the taxpayer has entered into an agreement under section 6159 to satisfy the tax liability for which the levy was imposed by means of installment payments, unless such agreement provides otherwise,
(D) with the consent of the taxpayer or the National Taxpayer Advocate, the return of such property would be in the best interests of the taxpayer (as determined by the National Taxpayer Advocate) and the United States,
the provisions of subsection (b) shall apply in the same manner as if such property had been wrongly levied upon, except that no interest shall be allowed under subsection (c).
Source(Aug. 16, 1954, ch. 736, 68A Stat. 789; Pub. L. 89–719, title I, § 104(i),Nov. 2, 1966, 80 Stat. 1138; Pub. L. 94–455, title XIX, § 1906(b)(13)(A),Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–167, § 4(a),Dec. 29, 1979, 93 Stat. 1275; Pub. L. 99–514, title XV, § 1511(c)(10),Oct. 22, 1986, 100 Stat. 2745; Pub. L. 100–647, title VI, § 6236(f),Nov. 10, 1988, 102 Stat. 3740; Pub. L. 104–168, title V, § 501(b),July 30, 1996, 110 Stat. 1460; Pub. L. 105–206, title I, § 1102(d)(1)(B), title III, § 3432(a),July 22, 1998, 112 Stat. 704, 759.)
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. 104–168added subsec. (d).
1988—Subsec. (a). Pub. L. 100–647inserted “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. 99–514substituted “the overpayment rate established under section 6621” for “an annual rate established under section 6621”.
1979—Subsec. (c). Pub. L. 96–167added subsec. (c).
1976—Pub. L. 94–455struck out “or his delegate” after “Secretary” wherever appearing.
1966—Pub. L. 89–719inserted “and return property” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
Effective Date of 1998 Amendment
Amendment by section 1102 ofPub. L. 105–206effective July 22, 1998, see section 1102(f) ofPub. L. 105–206, set out as a note under section 7803 of this title.
Pub. L. 105–206, title III, § 3432(b),July 22, 1998, 112 Stat. 759, provided that: “The amendment made by this section [amending this section] shall apply to levies imposed after December 31, 1999.”
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) ofPub. L. 100–647, set out as a note under section 6331 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) ofPub. L. 99–514, set out as a note under section 47 of this title.
Effective Date of 1979 Amendment
Pub. L. 96–167, § 4(c)(1),Dec. 29, 1979, 93 Stat. 1276, provided that: “The amendment made by subsection (a) [amending this section] shall apply to levies made after the date of the enactment of this Act [Dec. 29, 1979].”
Effective Date of 1966 Amendment