§ 41-39-40 — Income tax withholding from unemployment compensation.

(A) As of January 1, 1997, an individual filing an initial claim for unemployment compensation must be advised at the time of the filing of the claim that: (1) unemployment compensation is subject to federal and state income taxation; (2) requirements exist pertaining to estimated tax payments; (3) the individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the rate specified in the Internal Revenue Code of 1986; (4) the individual may elect to have South Carolina state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of seven percent; (5) the individual is permitted to change a previously elected withholding of income tax at least once. (B) Amounts deducted and withheld from unemployment compensation must remain in the Unemployment Trust Fund until transferred to the federal or state taxing authority as a payment of income tax. The date of transfer to the South Carolina Department of Revenue must be the same date as the transfer to the Internal Revenue Service. (C) The department shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax. (D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for overpayments of unemployment compensation, child support obligations, or other amount required to be deducted and withheld under this title.

Legislative History

HISTORY: 1996 Act No. 306, SECTION 1, eff May 6, 1996; 2010 Act No. 146, SECTION 103, eff March 30, 2010. Effect of Amendment The 2010 amendment substituted "department" for "commission" in subsection (C); and made other nonsubstantive changes.