42-1206. Authority to release levy and return property
A. The department may under prescribed rules release the levy upon all or part of the property or rights to property levied upon if the department determines that such action will facilitate the collection of the liability. Such release shall not operate to prevent any subsequent levy.
B. If the department determines that property has been wrongfully levied upon, the department may return:
1. The specific property levied upon.
2. An amount of money equal to the amount of money levied upon.
3. An amount of money equal to the amount of money received by this state from a sale of such property.
C. Property may be returned at any time. An amount equal to the amount of money levied upon or received from such sale may be returned at any time before the expiration of nine months from the date of such levy.
D. In its discretion and at any time, the department may release a levy or return property levied on if the department determines that any of the following conditions applies:
1. The levy was premature or otherwise in violation of the department's administrative procedures.
2. The taxpayer has entered into an installment payment agreement, unless the agreement provides otherwise.
3. The department's interests are best served by the release or return.
Section: Previous 42-1154 42-1155 42-1201 42-1202 42-1203 42-1204 42-1205 42-1206 42-1207 42-1251 42-1252 42-1253 42-1254 42-1255 42-2001 NextLast modified: October 13, 2016