9. Tables for Withholding on Distributions of Indian Gaming Profits to Tribal Members(p23)

If you make certain payments to members of Indian tribes from gaming profits, you must withhold federal income tax. You must withhold if (a) the total payment to a member for the year is over $9,350 and (b) the payment is from the net revenues of class II or class III gaming activities (classified by the Indian Gaming Regulatory Act) conducted or licensed by the tribes.

A class I gaming activity is not subject to this withholding requirement. Class I activities are social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in as part of tribal ceremonies or celebrations.

Class II includes (a) bingo and similar games, such as pull tabs, punch boards, tip jars, lotto, and instant bingo, and (b) card games that are authorized by the state or that are not explicitly prohibited by the state and played at a location within the state.

A class lll gaming activity is any gaming that is not class l or class ll. Class lll includes horse racing, dog racing, jai alai, casino gaming, and slot machines.

To figure the amount of tax to withhold each time you make a payment, use the table on page 24 for the period for which you make payments. For example, if you make payments weekly, use Table 1; if you make payments monthly, use Table 4. If the total payments to an individual for the year are $9,350 or less, no withholding is required.

A tribal member is paid monthly. The monthly payment is $5,000. Using Table 4, Monthly Distribution Period, to figure the withholding as follows: 
Subtract $3,608 from the $5,000 payment for a remainder of $1,392. Multiply this amount by 25% for a total of $348. Add $389.55 for a total withholding of $737.55.

Combine the Indian gaming withholding with all other nonpayroll withholding (for example, backup withholding and withholding on gambling winnings). Generally, you must deposit the amounts withheld using EFTPS or at an authorized financial institution using Form 8109, Federal Tax Deposit Coupon. See Publication 15 (Circular E) for a detailed discussion of the deposit requirements.

Report Indian gaming withholding on Form 945, Annual Return of Withheld Federal Income Tax. For more information, see Form 945 and the Instructions for Form 945. Also, report the payments and withholding to tribal members and to the IRS on Form 1099-MISC, Miscellaneous Income (see the Instructions for Forms 1099-MISC).

Table 1—WEEKLY DISTRIBUTION PERIOD					Table 2—BIWEEKLY DISTRIBUTION PERIOD
If the amount of the payment is:		The amount of income tax to withhold is:			If the amount of the payment is:		The amount of income tax to withhold is:
Not over	$180	$0			Not over	$360	$0
Over—	But not over—		of excess over—		Over—	But not over—		of excess over—
$180	$340	10%		$180	$360	$681	10%		$360
$340	$833	$16.00 plus 15%		$340	$681	$1,665	$32.10 plus 15%		$681
$833	$1,762	$89.95 plus 25%		$833	$1,665	$3,523	$179.70 plus 25%		$1,665
$1,762	- - - - -	$322.20 plus 28%		$1,762	$3,523	- - - - - -	$644.20 plus 28%		$3,523
Table 3—SEMIMONTHLY DISTRIBUTION PERIOD					Table 4—MONTHLY DISTRIBUTION PERIOD
If the amount of the payment is:		The amount of income tax to withhold is:			If the amount of the payment is:		The amount of income tax to withhold is:
Not over	$390	$0			Not over	$779	$0
Over—	But not over—		of excess over—		Over—	But not over—		of excess over—
$390	$738	10%		$390	$779	$1,475	10%		$779
$738	$1,804	$34.80 plus 15%		$738	$1,475	$3,608	$69.60 plus 15%		$1,475
$1,804	$3,817	$194.70 plus 25%		$1,804	$3,608	$7,633	$389.55 plus 25%		$3,608
$3,817	- - - - - -	$697.95 plus 28%		$3,817	$7,633	- - - - - -	$1,395.80 plus 28%		$7,633
Table 5—QUARTERLY DISTRIBUTION PERIOD					Table 6—SEMIANNUAL DISTRIBUTION PERIOD
If the amount of the payment is:		The amount of income tax to withhold is:			If the amount of the payment is:		The amount of income tax to withhold is:
Not over	$2,338	$0			Not over	$4,675	$0
Over—	But not over—		of excess over—		Over—	But not over—		of excess over—
$2,338	$4,425	10%		$2,338	$4,675	$8,850	10%		$4,675
$4,425	$10,825	$208.70 plus 15%		$4,425	$8,850	$21,650	$417.50 plus 15%		$8,850
$10,825	$22,900	$1,168.70 plus 25%		$10,825	$21,650	$45,800	$2,337.50 plus 25%		$21,650
$22,900	- - - - - - -	$4,187.45 plus 28%		$22,900	$45,800	- - - - - -	$8,375.00 plus 28%		$45,800
Table 7—ANNUAL DISTRIBUTION PERIOD					Table 8—DAILY or MISCELLANEOUS DISTRIBUTION PERIOD
If the amount of the payment is:		The amount of income tax to withhold is:			If the amount of the payment is:		The amount of income tax to withhold is:
Not over	$9,350	$0			Not over	$36.00	$0
Over—	But not over—		of excess over—		Over—	But not over—		of excess over—
$9,350	$17,700	10%		$9,350	$36.00	$68.10	10%		$36.00
$17,700	$43,300	$835.00 plus 15%		$17,700	$68.10	$166.50	$3.21 plus 15%		$68.10
$43,300	$91,600	$4,675.00 plus 25%		$43,300	$166.50	$352.30	$17.97 plus 25%		$166.50
$91,600	- - - - - -	$16,750.00 plus 28%		$91,600	$352.30	- - - - - -	$64.42 plus 28%		$352.30