39-51-2207. Voluntary and other withholding of taxes from benefits -- procedures. (1) The department shall advise an individual at the time the individual files a new claim for unemployment compensation that:
     (a) unemployment compensation is subject to federal income tax;
     (b) requirements exist pertaining to estimated tax payments;
     (c) the individual may elect to have federal income tax deducted and withheld from the individual's unemployment compensation at the rate or amount specified in the Internal Revenue Code; and
     (d) the individual may change a previously elected withholding status in a manner and at a frequency prescribed by the department.
     (2) Funds deducted and withheld from unemployment compensation must remain in the unemployment insurance fund provided for in 39-51-401 until the funds are transferred as income tax payments to the internal revenue service.
     (3) The department shall:
     (a) follow all procedures specified by the United States department of labor and the internal revenue service pertaining to the voluntary deduction and withholding of income tax from unemployment compensation; and
     (b) deduct and withhold from unemployment compensation amounts of federal income tax other than those specified in subsection (1)(c) in accordance with the priorities established by the department by rule.

     History: En. Sec. 1, Ch. 60, L. 1997.