[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6334-1]

[Page 292-294]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
               Seizure of Property for Collection of Taxes
 
Sec. 301.6334-1  Property exempt from levy.

    (a) Enumeration. In addition to exemptions allowed as a matter of 
Internal Revenue Service policy, 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. Expensive items of wearing apparel, such as furs, which 
are luxuries and are not necessary for the taxpayer or for members of 
his family, are not exempt from levy.
    (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, that does not exceed $2,500 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 
an individual taxpayer as do not exceed in the aggregate $1,250 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.
    (5) Undelivered mail. Mail, addressed to any person, which has not 
been delivered to the addressee.
    (6) Certain annuity and pension payments. Annuity or pension 
payments under the Railroad Retirement Act (45 U.S.C. chapter 9), 
benefits under the Railroad Unemployment Insurance Act (45 U.S.C. 
chapter 11), 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.
    (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 under any type of order or decree (including an interlocutory 
decree or a decree of support pendente lite) 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 order or decree. The taxpayer 
must establish the amount necessary to comply with the order or decree. 
The district director is not required to release a levy until such time 
as he is satisfied that the amount to be released from levy will 
actually be applied in satisfaction of the support obligation. The 
district director may make arrangements with a delinquent taxpayer to 
establish a specific amount of such taxpayer's salary, wage, or other 
income for each pay period which shall be exempt from levy. Any request 
for such an arrangement shall be directed to the Chief, Special 
Procedures Staff, for the internal revenue district in which the 
taxpayer resides. Where the taxpayer has more than one source of income 
sufficient to satisfy the support obligation imposed by the order or 
decree, the amount exempt from levy may at the discretion of the 
district director be allocated entirely to one salary, wage, or

[[Page 293]]

source of other income or be apportioned between the several salaries, 
wages, or other sources of income.
    (9) Minimum exemption for wages, salary, and other income. Amounts 
payable to or received by the taxpayer as wages or salary for personal 
services, or as other income, to the extent provided in Sec. 301.6334-2 
through Sec. 301.6334-4.
    (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 (U.S.C.)) disability 
benefit under--
    (i) Subchapters II (wartime disability compensation), III (wartime 
death compensation), IV (peacetime disability compensation), V 
(peacetime death compensation), or VI (general compensation provisions) 
of chapter 11 of title 38, U.S.C.; or
    (ii) Chapters 13 (dependency and indemnity compensation for service 
commenced deaths), 21 (specially adapted housing for disabled veterans), 
23 (burial benefits), 31 (vocational rehabilitation), 32 (post-Vietnam 
era veterans' educational assistance), 34 (veterans' educational 
assistance), 35 (survivors' and dependents' educational assistance), 37 
(home, condominium, and mobile home loans), or 39 (automobiles and 
adaptive equipment for certain disabled veterans and members of the 
armed forces) of title 38, U.S.C.
    (11) Certain public assistance payments. Any amount payable to an 
individual as a recipient of public assistance under--
    (i) Title IV or title XVI (relating to supplemental security income 
for the aged, blind, and disabled) of the Social Security Act (42 U.S.C. 
301 et seq.); or
    (ii) State or local government public assistance or public welfare 
programs for which eligibility is determined by a needs or income test.
    (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.
    (13) Principal residence exempt in absence of certain approval or 
jeopardy. Except to the extent provided in section 6334(e), the 
principal residence (within the meaning of section 1034) of the taxpayer 
whose tax liability is being sought to be collected upon.
    (b) Appraisal. The internal revenue officer seizing property of the 
type described in section 6334(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, such officer shall summon three disinterested 
individuals who shall make the valuation.
    (c) Other property. No other property or rights to property are 
exempt from levy except the property specifically exempted by section 
6334(a). No provision of a State law may exempt property or rights to 
property from levy for the collection of any Federal tax. Thus, property 
exempt from execution under State personal or homestead exemption laws 
is, nevertheless, subject to levy by the United States for collection of 
its taxes.
    (d) Levy allowed on principal residence. The principal residence of 
the taxpayer is not exempt from levy if--
    (1) A district director or an assistant district director personally 
approves, in writing, the levy on such property; or
    (2) The district director determines that the collection of tax is 
in jeopardy.
    (e) Inflation adjustment. For any calendar year beginning after 
December 31, 1997, each dollar amount referred to in paragraphs (a)(2) 
and (3) of this section will be increased by an amount equal to the 
dollar amount multiplied by the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year (substituting ``calendar 
year 1996'' for ``calendar year 1992'' in section 1(f)(3)(B)). If any 
dollar amount as adjusted is not a multiple of $10, the dollar amount 
will be rounded to the nearest multiple of $10 (rounding up if the 
amount is a multiple of $5).
    (f) Effective date. Generally, these provisions are applicable with 
respect to levies made on or after July 1, 1989. However, any reasonable 
attempt by a taxpayer to comply with the statutory amendments addressed 
by the regulations in this section prior to February 21, 1995, will be 
considered as meeting the requirements of the regulations in

[[Page 294]]

this section. In addition, paragraphs (a)(2), (3), (11)(i) and (e) of 
this section are applicable with respect to levies issued after December 
31, 1996.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7180, 37 FR 7319, Apr. 
13, 1972; T.D. 7182, 37 FR 7887, Apr. 21, 1972; T.D. 7620, 44 FR 27988, 
May 14, 1979; T.D. 8568, 59 FR 53088, Oct. 21, 1994; T.D. 8725, 62 FR 
39117, July 22, 1997]