For purposes of issuing a warrant pursuant to this article:
(a) (1) No levy may be issued on any property or right to property to be sold in accordance with the Code of Civil Procedure until a thorough investigation of the status of the property has been completed by the Franchise Tax Board.
(2) For purposes of paragraph (1), an investigation of the status of any property shall include all of the following:
(A) A verification of the taxpayer’s liability.
(B) The completion of an analysis to determine whether the expense of the sale process to the state exceeds the liability for which the levy would be issued.
(C) The determination that the equity in the property is sufficient to yield net proceeds from the sale of the property to apply to the liability.
(D) A thorough consideration of alternative collection methods.
(b) If the amount of the levy does not exceed five thousand dollars ($5,000), no levy may be issued on either of the following:
(1) Any real property used as a residence by the taxpayer.
(2) Any real property of the taxpayer (other than real property which is rented) used by any other individual as a residence.
(c) Notwithstanding the investigation required under subdivision (a):
(1) The principal residence of the taxpayer may not be sold except in accordance with Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of the Code of Civil Procedure, which requires a court order for sale.
(2) Tangible personal property or real property (other than real property which is rented or a principal residence) used in the trade or business of an individual taxpayer may not be levied unless:
(A) The levy is approved in writing by the assistant executive officer for collection (or delegate), or
(B) The Franchise Tax Board finds that collection of tax is in jeopardy. The officer, or delegate, may not approve a levy under subparagraph (A) unless the officer determines that the taxpayer’s other assets subject to collection are insufficient to pay the amount due, together with expenses of the proceedings.
(d) This section shall be operative for any warrant issued on or after the effective date of the act adding this section.
(Amended by Stats. 2000, Ch. 647, Sec. 17. Effective January 1, 2001.)
Last modified: October 25, 2018