Title 26 — Internal Revenue Code
Part II · Chapter 64 — Collection
§ 6332. Surrender of property subject to levy
Statutory text
Requirement
Except as otherwise provided in this section, any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights (or discharge such obligation) to the Secretary, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process.
Special rule for life insurance and endowment contracts
In general
A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address.
Satisfaction of levy
Such levy shall be deemed to be satisfied if such organization pays over to the Secretary the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the meaning of section 6323(i)(1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge.
Enforcement proceedings
The satisfaction of a levy under paragraph (2) shall be without prejudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract.
Special rule for banks
Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.
Enforcement of levy
Extent of personal liability
Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at the underpayment rate established under section 6621 from the date of such levy (or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer). Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the collection of which such levy was made.
Penalty for violation
In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 50 percent of the amount recoverable under paragraph (1). No part of such penalty shall be credited against the tax liability for the collection of which such levy was made.
Effect of honoring levy
Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Secretary, surrenders such property or rights to property (or discharges such obligation) to the Secretary (or who pays a liability under subsection (d)(1)) shall be discharged from any obligation or liability to the delinquent taxpayer and any other person with respect to such property or rights to property arising from such surrender or payment.
Person defined
The term “person,” as used in subsection (a), includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to surrender the property or rights to property, or to discharge the obligation.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 16, 1954, ch. 736, 68A Stat. 784 · 68A Stat. 784
Enacted · 26 U.S.C. § 6332
Aug. 16, 1954, ch. 736, 68A Stat. 784
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 784Federal Tax Lien Act of 1966
Pub. L. 89–719 § 104(b)(1) · 80 Stat. 1125
Substituted · 26 U.S.C. § 6332(a)
Pub. L. 89–719, § 104(b)(1), substituted “Except as otherwise provided in subsection (b), any person” for “Any person”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–719, § 104(b)(1), substituted “Except as otherwise provided in subsection (b), any person” for “Any person”.Enacted provision · exact public law section
(1) by striking out “Any person” in subsection (a) and inserting in lieu thereof “Except as otherwise provided in subsection (b), any person”;Federal Tax Lien Act of 1966
Pub. L. 89–719 § 104(b)(2) · 80 Stat. 1125
Redesignated · 26 U.S.C. § 6332(b)
Pub. L. 89–719, § 104(b)(2), added subsec. (b). Former subsec. (b) redesignated, with amendments, as subsec. (c)(1)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 89–719, § 104(b)(2), added subsec. (b). Former subsec. (b) redesignated, with amendments, as subsec. (c)(1).Enacted provision · exact public law section
(2) by amending subsection (b) to read as follows: “(b) Special Rule for Life Insurance and Endowment Contracts.— “(1) In general.— A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary or his delegate for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary or his delegate that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address. “(2) Satisfaction of levy.— Such levy shall be deemed to be satisfied if such organization pays over to the Secretary or his delegate the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the Ante, p. 1131. meaning of section 6323(i) (1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge. “(3) Enforcement proceedings.— The satisfaction of a levy under paragraph (2) shall be without prejudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract.”;Federal Tax Lien Act of 1966
Pub. L. 89–719 § 104(b)(2) · 80 Stat. 1125
Redesignated · 26 U.S.C. § 6332(c)
Pub. L. 89–719, § 104(b)(2)–(4), redesignated as par. (1) provisions formerly set out as subsec. (b)
Inserted · 26 U.S.C. § 6332(c)
Pub. L. 89–719, § 104(b)(2)–(4), inserted provisions that any amount other than costs recovered under par. (1) shall be credited against the tax liability for the collection of which the levy was made
Redesignated · 26 U.S.C. § 6332(c)
Pub. L. 89–719, § 104(b)(2)–(4), added par. (2). Former subsec. (c) redesignated (e)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 89–719, § 104(b)(2)–(4), redesignated as par. (1) provisions formerly set out as subsec. (b), inserted provisions that any amount other than costs recovered under par. (1) shall be credited against the tax liability for the collection of which the levy was made, and added par. (2). Former subsec. (c) redesignated (e).Enacted provision · exact public law section
(2) by amending subsection (b) to read as follows: “(b) Special Rule for Life Insurance and Endowment Contracts.— “(1) In general.— A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary or his delegate for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary or his delegate that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address. “(2) Satisfaction of levy.— Such levy shall be deemed to be satisfied if such organization pays over to the Secretary or his delegate the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the Ante, p. 1131. meaning of section 6323(i) (1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge. “(3) Enforcement proceedings.— The satisfaction of a levy under paragraph (2) shall be without prejudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract.”;Federal Tax Lien Act of 1966
Pub. L. 89–719 § 104(b)(4) · 80 Stat. 1125
Added · 26 U.S.C. § 6332(d)
Pub. L. 89–719, § 104(b)(4), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 89–719, § 104(b)(4), added subsec. (d).Enacted provision · exact public law section
(4) by inserting after subsection (b) the following new subsections: “(c) Enforcement of Levy.— “(1) Extent of personal liability.— Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary or his delegate, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at the rate of 6 percent per annum from the date of such levy. Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the collection of which such levy was made. “(2) Penalty for violation.— In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 50 percent of the amount recoverable under paragraph (1). No part of such penalty shall be credited against the tax liability for the collection of which such levy was made. “(d) Effect of Honoring Levy.— Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Secretary or his delegate, surrenders such property or rights to property (or discharges such obligation) to the Secretary or his delegate (or who pays a liability under subsection (c)(1)) shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surrender or payment. In the case of a levy which is satisfied pursuant to subsection (b), such organization shall also be discharged from any obligation or liability to any beneficiary arising from such surrender or payment.”Federal Tax Lien Act of 1966
Pub. L. 89–719 § 104(b)(3) · 80 Stat. 1125
Redesignated · 26 U.S.C. § 6332(e)
Pub. L. 89–719, § 104(b)(3), redesignated former subsec. (c) as (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 89–719, § 104(b)(3), redesignated former subsec. (c) as (e).Enacted provision · exact public law section
(3) by redesignating subsection (c) as subsection (e); andPub. L. 93–625 § 7(a)(2)(D) · 88 Stat. 2108
Substituted · 26 U.S.C. § 6332(c)(1)
Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”.Enacted provision · exact public law section
(D) section 6332(c)(1) (relating to interest with respect 26 USC 7426. to failure to surrender property subject to levy), andPub. L. 94–455 § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 6332(a); 26 U.S.C. § 6332(b)
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Pub. L. 94–455 title XII § 1209(d)(3) · 90 Stat. 1520
Inserted · 26 U.S.C. § 6332(c)(1)
Pub. L. 94–455, §§ 1209(d)(3), 1906(b)(13)(A), inserted “(or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer)” after “date of such levy”
Struck · 26 U.S.C. § 6332(c)(1)
Pub. L. 94–455, §§ 1209(d)(3), 1906(b)(13)(A), struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 94–455, §§ 1209(d)(3), 1906(b)(13)(A), inserted “(or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer)” after “date of such levy”, and struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(3) The first sentence of section 6332(c)(1) (relating to enforcement of levy) is amended by striking out “from the date of such levy” and inserting in lieu thereof “from the date of such levy (or, in the case of a levy described in section 6331(d)(3), from the knte, p. 1710. date such person would otherwise have been obligated to pay over such amounts to the taxpayer)”.Pub. L. 94–455 § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 6332(d)
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Tax Reform Act of 1986
Pub. L. 99–514 title XV § 1511(c)(9) · 100 Stat. 2085
Substituted · 26 U.S.C. § 6332(c)(1)
Pub. L. 99–514 substituted “the underpayment rate established under section 6621” for “an annual rate established under section 6621”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 99–514 substituted “the underpayment rate established under section 6621” for “an annual rate established under section 6621”.Enacted provision · exact public law section
(9) Paragraph (1) of section 6332(c) is amended by striking out “an annual rate established under section 6621” and inserting in lieu thereof “the underpayment rate established under section 6621”.Omnibus Taxpayer Bill of Rights
Pub. L. 100–647 § 6236(e)(2)(A) · 102 Stat. 3342
Substituted · 26 U.S.C. § 6332(a)
Pub. L. 100–647, § 6236(e)(2)(A), substituted “subsections (b) and (c)” for “subsection (b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–647, § 6236(e)(2)(A), substituted “subsections (b) and (c)” for “subsection (b)”.Enacted provision · exact public law section
(A) Subsection (a) of section 6332 of the 1986 Code is amended by striking out “subsection (b)” and inserting in lieu thereof “subsections (b) and (c)”,Effective date note
Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].” Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.Omnibus Taxpayer Bill of Rights
Pub. L. 100–647 § 6236(e)(1) · 102 Stat. 3342
Redesignated · 26 U.S.C. § 6332(c)
Pub. L. 100–647, § 6236(e)(1), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–647, § 6236(e)(1), added subsec. (c). Former subsec. (c) redesignated (d).Enacted provision · exact public law section
(1) In general.— Section 6332 of the 1986 Code (relating to surrender of property subject to levy), as amended by title I of this Act is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and by inserting after subsection (b) the following new subsection: “(c) Special Rule for Banks.— Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.”Effective date note
Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].” Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.Omnibus Taxpayer Bill of Rights
Pub. L. 100–647 § 6236(e)(1) · 102 Stat. 3342
Redesignated · 26 U.S.C. § 6332(d)
Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(1) In general.— Section 6332 of the 1986 Code (relating to surrender of property subject to levy), as amended by title I of this Act is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and by inserting after subsection (b) the following new subsection: “(c) Special Rule for Banks.— Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.”Effective date note
Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].” Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 § 1015(t)(1) · 102 Stat. 3342
Inserted · 26 U.S.C. § 6332(d)
Pub. L. 100–647, § 1015(t)(1), inserted “and any other person” after “delinquent taxpayer”
Struck · 26 U.S.C. § 6332(d)
Pub. L. 100–647, § 1015(t)(1), struck out sentence at end providing that in the case of a levy which is satisfied pursuant to subsection (b), such organization shall also be discharged from any obligation or liability to any beneficiary arising from such surrender or payment
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–647, § 1015(t)(1), inserted “and any other person” after “delinquent taxpayer” and struck out sentence at end providing that in the case of a levy which is satisfied pursuant to subsection (b), such organization shall also be discharged from any obligation or liability to any beneficiary arising from such surrender or payment.Enacted provision · exact public law section
(1) Subsection (d) of section 6332 of the 1986 Code is amended— (A) by inserting “and any other person” after “delinquent taxpayer”, and (B) by striking out the last sentence thereof.Effective date note
Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].” Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.Omnibus Taxpayer Bill of Rights
Pub. L. 100–647 § 6236(e)(1) · 102 Stat. 3342
Redesignated · 26 U.S.C. § 6332(e)
Pub. L. 100–647, § 6236(e)(1), (2)(B), redesignated subsec. (d) as (e)
Redesignated · 26 U.S.C. § 6332(e)
Pub. L. 100–647, § 6236(e)(1), (2)(B), substituted “subsection (d)(1)” for “subsection (c)(1)”. Former subsec. (e) redesignated (f)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–647, § 6236(e)(1), (2)(B), redesignated subsec. (d) as (e) and substituted “subsection (d)(1)” for “subsection (c)(1)”. Former subsec. (e) redesignated (f).Enacted provision · exact public law section
(1) In general.— Section 6332 of the 1986 Code (relating to surrender of property subject to levy), as amended by title I of this Act is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and by inserting after subsection (b) the following new subsection: “(c) Special Rule for Banks.— Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.”Effective date note
Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].” Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.Omnibus Taxpayer Bill of Rights
Pub. L. 100–647 § 6236(e)(1) · 102 Stat. 3342
Redesignated · 26 U.S.C. § 6332(f)
Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (e) as (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (e) as (f).Enacted provision · exact public law section
(1) In general.— Section 6332 of the 1986 Code (relating to surrender of property subject to levy), as amended by title I of this Act is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and by inserting after subsection (b) the following new subsection: “(c) Special Rule for Banks.— Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.”Effective date note
Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].” Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.Revenue Reconciliation Act of 1990
Pub. L. 101–508 title XI § 11704(a)(27) · 104 Stat. 1388
Substituted · 26 U.S.C. § 6332(a)
Pub. L. 101–508 substituted “this section” for “subsections (b) and (c)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–508 substituted “this section” for “subsections (b) and (c)”.Enacted provision · exact public law section
(27) Subsection (a) of section 6332 is amended by striking “subsections (b) and (c)” and inserting “this section”.
22 of 23 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1966–1990 · 6 rounds
1990
Subsec. (a). Pub. L. 101–508 substituted “this section” for “subsections (b) and (c)”.
1988
Subsec. (a). Pub. L. 100–647, § 6236(e)(2)(A), substituted “subsections (b) and (c)” for “subsection (b)”.
Subsec. (c). Pub. L. 100–647, § 6236(e)(1), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Pub. L. 100–647, § 1015(t)(1), inserted “and any other person” after “delinquent taxpayer” and struck out sentence at end providing that in the case of a levy which is satisfied pursuant to subsection (b), such organization shall also be discharged from any obligation or liability to any beneficiary arising from such surrender or payment.
Subsec. (e). Pub. L. 100–647, § 6236(e)(1), (2)(B), redesignated subsec. (d) as (e) and substituted “subsection (d)(1)” for “subsection (c)(1)”. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (e) as (f).
1986
Subsec. (c)(1). Pub. L. 99–514 substituted “the underpayment rate established under section 6621” for “an annual rate established under section 6621”.
1976
Subsecs. (a), (b). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
Subsec. (c)(1). Pub. L. 94–455, §§ 1209(d)(3), 1906(b)(13)(A), inserted “(or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer)” after “date of such levy”, and struck out “or his delegate” after “Secretary”.
Subsec. (d). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
1975
Subsec. (c)(1). Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”.
1966
Subsec. (a). Pub. L. 89–719, § 104(b)(1), substituted “Except as otherwise provided in subsection (b), any person” for “Any person”.
Subsec. (b). Pub. L. 89–719, § 104(b)(2), added subsec. (b). Former subsec. (b) redesignated, with amendments, as subsec. (c)(1).
Subsec. (c). Pub. L. 89–719, § 104(b)(2)–(4), redesignated as par. (1) provisions formerly set out as subsec. (b), inserted provisions that any amount other than costs recovered under par. (1) shall be credited against the tax liability for the collection of which the levy was made, and added par. (2). Former subsec. (c) redesignated (e).
Subsec. (d). Pub. L. 89–719, § 104(b)(4), added subsec. (d).
Subsec. (e). Pub. L. 89–719, § 104(b)(3), redesignated former subsec. (c) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–647, title I, § 1015(t)(2), , 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [].”
Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after , see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514 applicable for purposes of determining interest for periods after , see section 1511(d) of Pub. L. 99–514, set out as a note under section 47 of this title.
Effective Date of 1976 Amendment
Amendment by section 1209(d)(3) of Pub. L. 94–455 effective only with respect to levies made after , see section 1209(e) of Pub. L. 94–455, as amended by section 2(c) of Pub. L. 94–528, , 90 Stat. 2483, set out as a note under section 6334 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–625 effective , and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93–625, set out as an Effective Date note under section 6621 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–719 applicable after , 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.
Credits
1954–1990 · 7 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 784
- 1966Pub. L. 89–719, title I, § 104(b), , 80 Stat. 1135
- 1975Pub. L. 93–625, § 7(a)(2)(D), , 88 Stat. 2115
- 1976Pub. L. 94–455, title XII, § 1209(d)(3), title XIX, § 1906(b)(13)(A), , 90 Stat. 1710, 1834
- 1986Pub. L. 99–514, title XV, § 1511(c)(9), , 100 Stat. 2745
- 1988Pub. L. 100–647, title I, § 1015(t)(1), title VI, § 6236(e), , 102 Stat. 3573, 3739
- 1990Pub. L. 101–508, title XI, § 11704(a)(27), , 104 Stat. 1388–519.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 784; Pub. L. 89–719, title I, § 104(b), , 80 Stat. 1135; Pub. L. 93–625, § 7(a)(2)(D), , 88 Stat. 2115; Pub. L. 94–455, title XII, § 1209(d)(3), title XIX, § 1906(b)(13)(A), , 90 Stat. 1710, 1834; Pub. L. 99–514, title XV, § 1511(c)(9), , 100 Stat. 2745; Pub. L. 100–647, title I, § 1015(t)(1), title VI, § 6236(e), , 102 Stat. 3573, 3739; Pub. L. 101–508, title XI, § 11704(a)(27), , 104 Stat. 1388–519.)