61-6-67. Voluntary withholding of federal income tax from benefit payments.
Any person filing a new claim for reemployment assistance shall, at the time of filing the claim, be advised that:
(1)Reemployment assistance is subject to federal income tax;
(2)Requirements exist pertaining to estimated tax payments;
(3)The person may elect to have federal income tax deducted and withheld from the person's payment of reemployment assistance at the amount specified in the Federal Internal Revenue Code; and
(4)The person may change a previously elected withholding status.
Amounts deducted and withheld from reemployment assistance shall remain in the unemployment fund until transferred to the federal taxing authority as a payment of income tax. The secretary shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deduction and withholding of income tax. Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of reemployment assistance, child support obligations, food stamp over-issuances, or any other amounts required to be deducted and withheld under this title.
Source: SL 1996, ch 303; SDCL §61-6-47; SL 2012, ch 252, §59; SL 2019, ch 216, §22.