Sec. 9. (a) This section does not apply to a jeopardy tax warrant issued under IC 6-8.1-5-3.
(b) The department shall release a levy on property or request the sheriff to surrender a tax warrant to the department if:
(1) the expense of the sale process exceeds the liability for which the levy is made;
(2) the proceeds of the sale would not reduce the tax liability by the lesser of:
(A) ten percent (10%) of the liability; or
(B) one thousand dollars ($1,000); or
(3) the advocate, appointed under IC 6-8.1-11-3, orders:
(A) the release of the levy; or
(B) the return of the tax warrant by the sheriff;
upon submitting a written finding to the commissioner that the levy threatens the health or welfare of the taxpayer or the taxpayer's spouse, family, or dependents.
As added by P.L.332-1989(ss), SEC.31.
Structure Indiana Code
Article 8.1. Department of State Revenue; Tax Administration
6-8.1-8-1. Form of Payment; Receipt
6-8.1-8-1.5. Partial Payment of Tax
6-8.1-8-1.7. Required Periodic Payments by Electronic Funds Transfer
6-8.1-8-3. Judgments Arising From Tax Warrants; Collection
6-8.1-8-4. Judgment Arising From Tax Warrant; Collection by Department; Special Counsel
6-8.1-8-6. Receivership; Court Order; Appeal
6-8.1-8-7. Remedies Cumulative
6-8.1-8-8. Uncollected Tax Warrants; Action by Department
6-8.1-8-8.5. Enforceability of Judgment Arising From Tax Warrant
6-8.1-8-8.7. Data Match System; Financial Institutions
6-8.1-8-9. Levy Release or Tax Warrant Surrender; Grounds
6-8.1-8-10. Bank Charges Incurred Through Erroneous Levy; Reimbursement
6-8.1-8-11. Filing Claim for Reimbursement
6-8.1-8-13. Response to Claim; Denial; Notice
6-8.1-8-14. Determination of Uncollectible Liability; Effect on Lien
6-8.1-8-15. Levying Against Unclaimed Property
6-8.1-8-17. Tax Warrant Issued to a Taxpayer Who Has Not Filed a Return