26 CFR Part 404 — Temporary Regulations on Procedure and Administration Under the Tax Reform Act of 1976

PART 404—TEMPORARY REGULATIONS ON PROCEDURE AND ADMINISTRATION UNDER THE TAX REFORM ACT OF 1976 Authority: Sec. 7805, Internal Revenue Code of 1954 (68A Stat. 917; 26 U.S.C. 7805). § 404.6048-1 [Reserved] § 404.6334(d)-1 Minimum exemption from levy for wages, salary, or other income. (a) In general. i.e. (b) Determination of payroll period. (1) Regularly used calendar periods. (2) Remuneration paid on an irregular basis. (c) Determination of exempt amount. (1) If such payroll period is weekly: $50, plus $15 for each person who is claimed as a dependent pursuant to paragraph (d) of this section. (2) If such payroll period is biweekly: $100, plus $30 for each person who is claimed as a dependent pursuant to paragraph (d) of this section. (3) If such payroll period is semimonthly: $108.33, plus $32.50 for each person who is claimed as a dependent pursuant to paragraph (d) of this section. (4) If such payroll period is monthly: $216.67, plus $65 for each person who is claimed as a dependent pursuant to paragraph (d) of this section. (5) If such payroll period is not weekly, biweekly, semimonthly or monthly: a proportionate amount based upon the sum of an annual exemption of $2,600 plus $780 for each person who is claimed as a dependent pursuant to paragraph (d) of this section. (d) Dependent exemption Dependent defined. (i) Over half of such person's support for such payroll period was received from the individual, and (ii) Such person is the spouse of the individual, or bears a relationship to the individual specified in section 152(a) (1) through (9) (relating to definition of dependent), and (iii) Such person is not a minor child of the individual with respect to whom amounts are exempt from levy under section 6334(a)(8) (relating to exemption from levy for judgments for support of minor children) at any time during such payroll period. For purposes of subdivision (ii) of this subparagraph, “payroll period” shall be substituted for “taxable year” each place it appears in section 152(a)(9). (2) Claim for dependent exemption. (e) Cross references. (2) For the continuing effect of a levy on salary or wages, see section 6331(d)(3). (3) For other property exempt from levy, see section 6334 and § 301.6334-1. (f) Effective date. (Sec. 6334(d) (90 Stat. 1709; 68A Stat. 917; 26 U.S.C. 6334)) [T.D. 7468, 42 FR 12042, Mar. 2, 1977]

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