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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE IX TAXATION
  • CHAPTER 62C ADMINISTRATIVE PROVISIONS RELATIVE TO STATE TAXATION
  • Section 55A Exempt property

Section 55A. (a) There shall be exempt from levy the following property:—

(1) Such items of wearing apparel and such school books as are necessary for the taxpayer or for the members of his family.

(2) If the taxpayer is the head of a family, so much of the fuel, provisions, furniture and personal effects in his household, and of the arms for personal use, livestock, and poultry of the taxpayer, as does not exceed fifteen hundred dollars in value.

(3) So many of the books and tools necessary for the trade, business or profession of the taxpayer as do not exceed in the aggregate one thousand dollars in value.

(4) 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, or of any state.

(5) Mail, addressed to any person, which has not been delivered to the addressee.

(6) Annuity or pension payments under the Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act, 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 USC 562, and annuities based on retired or retainer pay under chapter seventy-three of title ten of the United States Code.

(7) Any amount payable to an individual as workers’ compensation, including any portion thereof payable with respect to dependents, under a workers’ compensation law of the United States, or of any state.

(8) 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.

(9) 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).

(b) The officer seizing property of the type described in subsection (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, the commissioner shall summon three disinterested individuals who shall make the valuation.

(c) Notwithstanding any other law, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a).

(d)(1) In the case of an individual who is paid or receives all of his wages, salary, and other income on a weekly basis, the amount of the wages, salary, and other income payable to or received by him during any week which is exempt from levy under paragraph (9) of subsection (a) shall be:

(A) Seventy-five dollars, plus

(B) Twenty-five dollars for each individual who is specified in a written statement which is submitted to the person on whom notice of levy is served and which is verified in such manner as the commissioner shall prescribe by regulations and:

(i) over half of whose support for the payroll period was received from the taxpayer,

(ii) who is the spouse of the taxpayer, or who bears a relationship to the taxpayer specified in paragraphs (1) to (9), inclusive, of section 152(a) of the Code, relating to definition of dependents, and

(iii) who is not a minor child of the taxpayer with respect to whom amounts are exempt from levy under paragraph (8) of subsection (a) for the payroll period.

For purposes of clause (ii) of subparagraph (B) of the preceding sentence, “payroll period” shall be substituted for “taxable year” each place it appears in paragraph (9) of section 152(a) of the Code.

(2) In the case of any individual not described in paragraph (1), the amount of the wages, salary, and other income payable to or received by him during any applicable pay period or other fiscal period, as determined under regulations prescribed by the commissioner, which is exempt from levy under paragraph (9) of subsection (a) shall be an amount, determined under such regulations, which as nearly as possible will result in the same total exemption from levy for such individual over a period of time as he would have under paragraph (1) of said subsection (a) if, during such period of time, he were paid or received such wages, salary, and other income on a regular weekly basis.