Illinois Administrative Code
Title 86 - REVENUE
Part 100 - INCOME TAX
Subpart S - REQUIREMENT AND AMOUNT OF WITHHOLDING
Section 100.7036 - Withholding of Lottery, Gambling and Sports Wagering Winnings (IITA Section 710)
Universal Citation: 86 IL Admin Code ยง 100.7036
Current through Register Vol. 48, No. 38, September 20, 2024
a) In General
1)
Any person making a payment to a
resident or nonresident of winnings under the Illinois Lottery Law and not
required to withhold Illinois income tax from the payment under IITA
Section 701(b) because those winnings are not subject to federal income
tax withholding must withhold Illinois income tax from that payment at a rate
equal to the percentage tax rate for individuals provided in IITA
Section 201(b), provided that withhold is not required if the payment
of winnings is less than $1,000. (IITA Section 710(a)(1))
2)
In the case of an assignment of a
lottery prize under Section
13.1 of the Illinois Lottery
Law [20 ILCS 1605 ], any
person making a payment of the purchase price after December 31, 2013 shall
withhold from the amount of each payment at a rate equal to the percentage tax
rate for individuals provided in IITA Section 201(b). (IITA Section
710(a)(2))
3)
Any person
making a payment after December 31, 2019 to a resident or nonresident of
winnings from pari-mutual wagering conducted at a wagering facility licensed
under the Illinois Horse Racing Act of 1975 [230 ILCS
5 ] or from gambling games conducted on a
riverboat or in a casino or organization gaming facility licensed under the
Illinois Gambling Act [230 ILCS 10 ] must
withhold Illinois income tax from the payment at a rate equal to the percentage
tax rate for individuals provided in IITA Section 201(b),
provided that the person making the payment is required to withhold under
26 U.S.C.
3402(q). (IITA
Section 710(a)(3)) For more specific information, and precise details regarding
actual federal withholding requirements, see
26 U.S.C.
3402(q) and the instructions
for U.S. Form 5754 available from the Internal Revenue Service.
4)
Any person making a payment after
December 31, 2021 to a resident or nonresident of winnings from sports wagering
conducted in accordance with the Sports Wagering Act [230 ILCS
45 ] must withhold Illinois income tax from
such payment at a rate equal to the percentage tax rate for individuals
provided in subsection (b) of Section 201, provided that the person making the
payment is required to withhold under Section 3402(q) of the Internal Revenue
Code. (IITA Section 710 (a)(4)). For more specific information, and
precise details regarding actual federal withholding requirements, see
26 U.S.C.
3402(q) and the instructions
for U.S. Form 5754 available from the Internal Revenue Service.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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