Section 316-36-010 - EXEMPTIONS FROM LEVIES010.01 The Department may not levy against or seize the exempt property or income of a taxpayer. The Department may levy against or seize non-exempt property or income of a taxpayer for any amount which is over and above the exempt amounts, if any. Exemption010.02 Exemptions from Levy or Seizure The following property or dollar amounts are exempt from levy and seizure as provided by the law of this state:
010.02A Any federal or state earned income tax credit refund;010.02B The immediate personal possessions of the taxpayer and his or her family;010.02C All necessary clothing of the taxpayer and his or her family;010.02D The taxpayer's interest, up to an aggregate fair market value of $1,500, in household furnishings, household goods, household computers, household appliances, books, or musical instruments which are held primarily for personal, family, or household use of the taxpayer and any dependents;010.02E The taxpayer's interest, up to an aggregate fair market value of $2,400, in implements, tools, or professional books or supplies held for use in the principal trade or business of the taxpayer and any dependents. This may include one motor vehicle used by the taxpayer in connection with his or her principal trade or business or to commute to and from his or her principal place of trade or business;010.02F The taxpayer's interest in any professionally prescribed health aids for the taxpayer and any dependents;010.02G Up to $2,500 in personal property in addition to property exempted under Reg-36-010.02A through Reg-36-010.02F;010.02H A homestead as defined in Neb. Rev. Stat. § 40-101, not exceeding $60,000; and010.02I Any other payment or property that is exempt from levy or execution to satisfy a state tax lien under state or federal law.010.03 Stock bonus, pension, profit-sharing, or similar plan Any interest held under a stock bonus, pension, profit-sharing, or similar plan or contract payable on account of illness, disability, death, age, or length of service, to the extent necessary for the support of the taxpayer and any dependents, is exempt from levy or execution unless:
010.03A Within two years prior to bankruptcy, or entry against the taxpayer of a money judgment which becomes final, the plan or contract was established or was amended to increase contributions by or under the auspices of the taxpayer or of an insider that employed the taxpayer at the time the taxpayer's rights under the plan or contract arose; or 010.03B The plan or contract does not qualify under §§ 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code.010.04 Compensation for personal injuries or death All proceeds and benefits, including interest earned, paid either as a lump sum or as periodic payments, which are made as compensation for personal injuries or death, are exempt from levy unless there is a written assignment allowing a levy.
010.05 Claiming an exemption To claim an exemption from levy or seizure, the taxpayer must file a list of all of the sources of income received, or property owned by the taxpayer, with the Department in writing within 20 days of the notice of levy or writ of seizure, showing which items or amounts of income or property he or she claims to be exempt from execution pursuant to this regulation, along with a value for each item of property listed.
010.05A The Department must respond to the taxpayer's request in writing within ten days of receipt of the request, and mail its response by first class mail.010.05B The taxpayer may appeal the decision as provided in Neb. Rev. Stat. § 84-917.316 Neb. Admin. Code, ch. 36, § 010
Neb. Rev. Stat. §§ 25-1552 through 25-1559, 25-1563.01, 25-1563.02, 40-101, and 77-3906. July 3, 2013.