Regulation 830 CMR 62C.64.1: Release of Levy

Date: 12/27/1996
Organization: Massachusetts Department of Revenue
Regulatory Authority: Massachusetts General Laws
Official Version: Published by the Massachusetts Register

830 CMR 62C.00 is hereby repealed and replaced with the following:
830 CMR 62C.64.1: Release of Levy

Table of Contents

(1) General

The Commissioner may release a levy imposed under M.G.L. c. 62C, § 53 upon all or part of the property or rights to property levied upon. A levy will be released only if the Commissioner determines that such action will facilitate the collection of the delinquent taxpayer's tax liability.

(2) Subsequent Levy

A release of levy under M.G.L. c. 62C, § 64 shall not prevent any subsequent levy, even though the subsequent levy or levies are made on the same property or rights to property.

(3) Conditions For Release

To facilitate collection of the liability, seized property or property as to which notice of levy has been given may be released prior to sale for less than immediate full payment. As a condition to such a release, the taxpayer must provide for full payment in one of the following ways:

(a) Escrow Arrangement. The delinquent taxpayer offers a satisfactory arrangement, acceptable to the Commissioner, for placing property in escrow to secure the payment of the liability (including the expenses incurred in levy on the property), which is the basis of the levy.

(b) Bond. The delinquent taxpayer delivers a bond, acceptable to the Commissioner, conditioned upon the payment of the liability (including the expenses incurred in levy on the property) which is the basis of the levy.

(c) Payment of the Amount of the Commonwealth's Interest in the Property. The delinquent taxpayer pays to the Commissioner an amount determined by the Commissioner to be equal to the interest of the Commonwealth in the part of the seized property to be released. Such payment does not operate to release any tax lien which the Commonwealth may have on the property, which continues until the tax liability is satisfied, or the lien is specifically released, or until the expiration of the statutory period for which the lien remains in force.

(d) Assignment of Salaries and Wages. The delinquent taxpayer executes an agreement with the Commissioner directing his employer to pay to the Commissioner amounts deducted from the employee's wages or salary on a regular, continuing, or periodic basis, in such manner and in such amount as is agreed upon with the Commissioner, until the full amount of the liability is satisfied. The agreement must be accepted by the employer before the levy may be released.

(e) Installment Payment Arrangement. The delinquent taxpayer makes satisfactory arrangements with the Commissioner to pay the amount of the liability in installments.

(4) Value Insufficient to Cover Expenses

If the Commissioner determines that the value of the interest of the Commonwealth in the property, or in the part of the property to be released from levy, is insufficient to cover the expenses of the sale of such property, the Commissioner may release the levy on such property. A release under this subsection, 830 CMR 62C.64.1(4), will be considered to facilitate the collection of the delinquent taxpayer's tax liability.

Date of Promulgation: 2/2/78
Amended: 12/27/96

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