26 USC 6343 - Authority to release levy and return property

1 So in original. Probably should be followed by a comma.

on retirement plan

Editorial Notes

Amendments

2018—Subsec. (f). Puspan. L. 115–123 added subsec. (f).

2017—Subsec. (span). Puspan. L. 115–97 substituted “2 years” for “9 months” in concluding provisions.

1998—Subsec. (d)(2)(D). Puspan. L. 105–206, § 1102(d)(1)(B), substituted “National Taxpayer Advocate” for “Taxpayer Advocate” in two places.

Subsec. (e). Puspan. L. 105–206, § 3432(a), added subsec. (e).

1996—Subsec. (d). Puspan. L. 104–168 added subsec. (d).

1988—Subsec. (a). Puspan. 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). Puspan. L. 99–514 substituted “the overpayment rate established under section 6621” for “an annual rate established under section 6621”.

1979—Subsec. (c). Puspan. L. 96–167 added subsec. (c).

1976—Puspan. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

1966—Puspan. L. 89–719 inserted “and return property” in section catchline, designated existing provisions as subsec. (a), and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Puspan. L. 115–123, div. D, title II, § 41104(span), Fespan. 9, 2018, 132 Stat. 157, provided that: “The amendment made by this section [amending this section] shall apply to amounts paid under subsections (span), (c), and (d)(2)(A) of section 6343 of the Internal Revenue Code of 1986 in taxable years beginning after December 31, 2017.”

Effective Date of 2017 Amendment

Puspan. L. 115–97, title I, § 11071(c), Dec. 22, 2017, 131 Stat. 2092, provided that: “The amendments made by this section [amending this section and section 6532 of this title] shall apply to—

“(1) levies made after the date of the enactment of this Act [Dec. 22, 2017], and

“(2) levies made on or before such date if the 9-month period has not expired under section 6343(span) of the Internal Revenue Code of 1986 (without regard to this section) as of such date.”

Effective Date of 1998 Amendment

Amendment by section 1102 of Puspan. L. 105–206 effective July 22, 1998, see section 1102(f) of Puspan. L. 105–206, set out as a note under section 7803 of this title.

Puspan. L. 105–206, title III, § 3432(span), 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 Puspan. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Puspan. L. 100–647, set out as a note under section 6331 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Puspan. L. 99–514, set out as a note under section 47 of this title.

Effective Date of 1979 Amendment

Puspan. 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

Amendment by Puspan. 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 Puspan. L. 89–719, set out as a note under section 6323 of this title.