2005 Idaho Code - 63-3035A — STATE INCOME TAX WITHHOLDING TAX ON LOTTERY WINNINGS

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 30
                                  INCOME TAX
    63-3035A.  STATE INCOME TAX WITHHOLDING TAX ON LOTTERY WINNINGS. (1)
Whenever the Idaho state lottery is required by the Internal Revenue Code to
withhold, collect and pay over income tax on any prize, proceeds or winnings
it shall, at the time of payment of such prize, proceeds or winnings to the
recipient, withhold from the payment an amount equal to the maximum percentage
applicable to individuals under section 63-3024, Idaho Code, of the prize,
proceeds or winnings to be applied to Idaho income taxes due from the
recipient.
    (2)  The state tax commission shall accept amounts withheld according to
this section as payment by the recipient of the amount so withheld of income
taxes imposed on the recipient for the taxable year in which the prize,
proceeds or winnings are includable in the recipient's Idaho taxable income.
    (3)  When the total amount withheld (along with other credits due,
withholding or payments attributable to the taxpayer) exceeds the taxes due
from the recipient, the state tax commission shall, after examining the state
income tax return filed by the recipient, refund the amount of the excess
withheld in the manner provided for refunds of withholding under section
63-3035, Idaho Code.
    (4)  The Idaho state lottery shall remit the amounts withheld to the state
tax commission on or before the date similar payments and reports are due to
the internal revenue service.
    (5)  The Idaho state lottery shall furnish to the recipient, not later
than thirty (30) days after the end of the calendar year, a record of the tax
withheld during that year and shall, not later than the last day of the
following February, file a copy of the record with the state tax commission.
    (6)  The Idaho state lottery and the state tax commission may agree to
different times and procedures for making the remittances or reports required
in this section.
    (7)  Nothing in this section relieves any taxpayer from an obligation to
file a return or pay taxes at the time and in the manner required by this
chapter.