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50 U.S.C. § 3991 — Taxes respecting personal property, money, credits, and real property

submitted 86 years ago by Pub. L. 108-189 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 391 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section protects certain personal and real property from sale to collect unpaid taxes or assessments during a servicemember’s military service. It requires a court determination before a sale, allows stays and redemption, limits interest to 6 percent per year, and covers individual and specified joint ownership.

(a) Application. This section applies when a general or special tax or assessment, other than a personal-income tax, becomes due and remains unpaid before or during a servicemember’s military service with respect to—
(1) the servicemember’s personal property, including motor vehicles; or
(2) real property occupied for dwelling, professional, business, or agricultural purposes by the servicemember or the servicemember’s dependents or employees—
(A) before the servicemember enters military service; and
(B) while the tax or assessment remains unpaid.
(b) Sale of property.
(1) Limitation on sale of property to enforce tax assessment. Property described in subsection (a) may not be sold to collect the tax or assessment except by court order and after the court determines that military service does not materially affect the servicemember’s ability to pay the unpaid tax or assessment.
(2) Stay of court proceedings. A court may stay a proceeding to collect the tax or assessment, or to sell the property, during the servicemember’s military service and for up to 180 days after the servicemember’s military service ends or the servicemember is released from it.
(c) Redemption. If property described in subsection (a) is sold or forfeited to collect a tax or assessment, the servicemember has the right to redeem the property or begin an action to redeem it during military service or within 180 days after military service ends or the servicemember is released from it. This subsection may not be construed to shorten any redemption period provided by a State’s law, including the law of a State political subdivision.
(d) Interest on tax or assessment. If a servicemember does not pay a tax or assessment on property described in subsection (a) when due, the unpaid amount bears interest until paid at 6 percent per year. The servicemember does not incur an additional penalty or interest because of nonpayment. A lien for the unpaid tax or assessment may include interest under this subsection.
(e) Joint ownership application. This section applies to every form of property described in subsection (a) that a servicemember owns individually or owns jointly with one or more dependents.

the actual law source: uscode.house.gov ↗public domain
(a) Application

This section applies in any case in which a tax or assessment, whether general or special (other than a tax on personal income), falls due and remains unpaid before or during a period of military service with respect to a servicemember’s—

(1)

personal property (including motor vehicles); or

(2)

real property occupied for dwelling, professional, business, or agricultural purposes by a servicemember or the servicemember’s dependents or employees—

(A)

before the servicemember’s entry into military service; and

(B)

during the time the tax or assessment remains unpaid.

(b) Sale of property
(1) Limitation on sale of property to enforce tax assessment

Property described in subsection (a) may not be sold to enforce the collection of such tax or assessment except by court order and upon the determination by the court that military service does not materially affect the servicemember’s ability to pay the unpaid tax or assessment.

(2) Stay of court proceedings

A court may stay a proceeding to enforce the collection of such tax or assessment, or sale of such property, during a period of military service of the servicemember and for a period not more than 180 days after the termination of, or release of the servicemember from, military service.

(c) Redemption

When property described in subsection (a) is sold or forfeited to enforce the collection of a tax or assessment, a servicemember shall have the right to redeem or commence an action to redeem the servicemember’s property during the period of military service or within 180 days after termination of or release from military service. This subsection may not be construed to shorten any period provided by the law of a State (including any political subdivision of a State) for redemption.

(d) Interest on tax or assessment

Whenever a servicemember does not pay a tax or assessment on property described in subsection (a) when due, the amount of the tax or assessment due and unpaid shall bear interest until paid at the rate of 6 percent per year. An additional penalty or interest shall not be incurred by reason of nonpayment. A lien for such unpaid tax or assessment may include interest under this subsection.

(e) Joint ownership application

This section applies to all forms of property described in subsection (a) owned individually by a servicemember or jointly by a servicemember and a dependent or dependents.

Source credit: (Oct. 17, 1940, ch. 888, title V, § 501, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2854.)

history & why it existsrecord from the source credit
  • 1940Enacted · Pub. L. 108-189 · 117 Stat. 2854

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-189 on 1940-10-17.

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