1. (a) This section does not apply to a jeopardy tax warrant issued under IC 6-8.1-5-3 .

2. (b) The department shall release a levy on property or request the sheriff to surrender a tax warrant to the department if:

   1. (1) the expense of the sale process exceeds the liability for which the levy is made;

   2. (2) the proceeds of the sale would not reduce the tax liability by the lesser of:

      1. (A) ten percent (10%) of the liability; or
      2. (B) one thousand dollars ($1,000); or

   3. (3) the advocate, appointed under IC 6-8.1-11-3 , orders:

      1. (A) the release of the levy; or

      2. (B) the return of the tax warrant by the sheriff;

         upon submitting a written finding to the commissioner that the levy threatens the health or welfare of the taxpayer or the taxpayer's spouse, family, or dependents.

As added by P.L.332-1989(ss), SEC.31.