Distraint V Levt

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LGU 

1. Distraint vs Levy
Note: Levy or distraint are not mutually exclusive. Levy cam be availed of
Distraint Levy before, simultaneously or after distraint
As to Subject Matter Personal property Real property owned
owned by and in and in the
possession of the possession of the
taxpayer taxpayer Exemption of Personal Property from Distraint or Levy
Acquisition by the Personal property Real property Q: What are the properties exempt from distraint or levy?
Governement distrained are subject to levy is
purchased by the forfeited to the A: The following property shall be exempt from distraint and the levy,
Government and Government then attachment or execution thereof for delinquency in the payment of any
resold to meet sold to meet the local tax, fee or charge, including the related surcharge and interest: ToBe-
deficiency deficiency ChoP-LBM
Advertisement of No newspaper The sale of realty 1. Tools and implements necessarily used by the delinquent taxpayer
Sale publication required subject to levy is in his trade or employment;
required to be 2. One (1) horse, cow, carabao, or other Beast of burden, such as the
published once a delinquent taxpayer may select, and necessarilly used by him in his
week for 3 ordinary occupation;
consecutive weeks 3. His necessary Clothing, and that of all his family;
in a newspaper of 4. Household furniture and utensils necessary for housekeeping and
general circulation in used for that purpose by the delinquent taxpayer, such as he may
the municipality or select, of a value not exceeding Ten thousand pesos (P10,000.00)
city where the 5. Provisions, including crops, actually provided for individual or family
property is located. use sufficient for four (4) months;
- NO right of With right of 6. The professional Libraries of doctors, engineers, lawyers and judges;
redemption redemption 7. One fishing Boat and net, not exceeding the total value of Ten
- Report of the Report on levy to thousand pesos (P10,000.00), by the lawful use of which a
proceedings sanggunian fisherman earns his livelihood; and
(distraint)to local 8. Any Material or article forming part of a house or improvement of
chief executive any real property. (Sec. 185, LGC)
- No notice is required Written notice of the
to be given to the levy shall be mailed
assessor and register to the assessor and
of deeds register of deeds

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