42-1204

42-1204. Property exempt from levy

A. The following property is exempt from levy:

1. Wearing apparel and school books as are necessary for the taxpayer or members of
his family.

2. So much of the fuel, provisions, furniture, personal effects, arms for personal
use, livestock and poultry as provided for in section 6334 of the internal revenue code.

3. The books and tools necessary for the trade, business or profession of the
taxpayer as provided for in section 6334 of the internal revenue code.

4. Mail, addressed to any person, which has not been delivered to the addressee.

5. If the taxpayer is required by judgment 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 judgment.

6. Any amount payable to or received by an individual as wages or salary for
personal services, or as income derived from other sources, during any period, to the
extent that the total of such amounts payable to or received by him during such period
does not exceed the applicable exempt amount determined under subsection D of this
section.

B. The officer seizing property of the type described in subsection A of this
section 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, the department shall summon three disinterested
individuals who shall make the valuation.

C. Notwithstanding any other law of this state, no property or rights to property
shall be exempt from the levy provided in this article other than the property
specifically made exempt by subsection A of this section.

D. The following wages, salary and other income payable to or received by an
individual are exempt from levy under subsection A, paragraph 6 of this section:

1. In the case of an individual who is paid or receives all wages, salary and other
income on a weekly basis, the amount of such compensation received during any week which
is exempt from levy is the amount determined pursuant to section 6334(d) of the internal
revenue code and which is verified in such manner as set forth in section 6334.

2. In the case of any individual not described in paragraph 1 of this subsection,
the amount of the wages, salary and other income payable to or received during any
applicable pay period or other fiscal period, as determined under rules prescribed by the
department, which is exempt from levy under subsection A, paragraph 6 of this section is
an amount, determined under such rules, which as nearly as possible will result in the
same total exemption from levy for such individual over a period of time as the
individual would have under paragraph 1 of this subsection if, during such period of
time, the individual were paid or received such wages, salary and other income on a
regular weekly basis.