The Fair Tax Act, Part XXXIX

March 26, 2007  ·  Filed under: Education

Working through section by section, beginning chapter 6!


`SEC. 601. COLLECTIONS.

`The sales tax administering authority shall collect the taxes imposed by this subtitle, except as provided in section 404 (relating to Federal administration in certain States).

No brainer right? The state tax authorities do the collecting unless they opt not to.

`SEC. 602. POWER TO LEVY, ETC.

`(a) In General- The sales tax administering authority may levy and seize property, garnish wages or salary and file liens to collect amounts due under this subtitle, pursuant to enforcement of–

`(1) a judgment duly rendered by a court of law;

`(2) an amount due if the taxpayer has failed to exercise his appeals rights under section 604; or

`(3) an amount due if the appeals process determined that an amount remained due and the taxpayer has failed to timely petition the Tax Court for relief.

`(b) Exemption From Levy, Seizure, and Garnishments- There shall be exempt from levy, seizure, and garnishment or penalty in connection with any tax imposed by this subtitle–

`(1) wearing apparel, school books, fuel, provisions, furniture, personal effects, tools of a trade or profession, livestock in a household up to an aggregate value of $15,000; and

`(2) monthly money income equal to 150 percent of the monthly poverty level (as defined in section 303).

`(c) Liens To Be Timely Released- Subject to such reasonable regulations as the Secretary may provide, any lien imposed with respect to a tax imposed by this title shall be released not later than 30 days after–

`(1) the liability was satisfied or became unenforceable; or

`(2) a bond was accepted as security.

So this enumerates the power to seize your property or garnish wages if you fail to pay taxes. Of interest are the limits on this, such as not being able to take some property and a requirement to leave some income ungarnished so you may continue to work and live (albeit poorly) until you have paid your dues.

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