# Ala. Code § 40-18-91: Section 40-18-91 Wager Proceeds; Withholding of State Income Tax

> Alabama · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-91

## Section

- **Citation:** Ala. Code § 40-18-91
- **Heading:** Section 40-18-91 Wager Proceeds; Withholding of State Income Tax
- **Jurisdiction:** Alabama
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Code / Title 40 / Chapter 18 / Section 40-18-91

## Text

(a) Each person making any payment of proceeds from a wager which constitutes “winnings subject to withholding” as defined by Section 40-18-90, shall deduct and withhold income tax in the amount of five percent of the payment.

(b) Each person making withholding of state income taxes as required by this division shall remit the same to the state Revenue Department in the same manner and at the same time as that provided for payments of other withheld income taxes as set out in Article 2, Chapter 18, of this title, and shall be subject to the same penalties as provided therein. Each person required to make withholding of state income taxes, who shall fail to do so, shall be personally liable for all amounts required to be withheld as provided in Sections 40-18-74, 40-18-76, 40-29-73 and 40-29-111.

(c) Any person receiving proceeds from a wager which constitutes winnings subject to withholding shall furnish the payer a statement, made under the penalties of perjury, which contains such information as shall be designated by the state Revenue Department as necessary to identify the recipient for tax compliance purposes.

(d) The payer shall furnish to the recipient a statement of the amount of winnings subject to withholding and the amount of tax withheld in accordance with procedures which shall be established by the state Revenue Department. Furthermore, the payer shall report to the Department of Revenue the payment of all such proceeds from wagers in those amounts as the same are required to be reported pursuant to 26 U.S.C. §6041, as amended from time to time.

(e) Each person for whom income tax was withheld pursuant to this division shall be entitled to a credit therefor against any income tax liability due this state as imposed by Chapter 18, Title 40.

## Nearby sections

- [Ala. Code § 40-18-1 Section 40-18-1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-1.md)
- [Ala. Code § 40-18-1.1 Section 40-18-1.1 Operating Rules](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-1.1.md)
- [Ala. Code § 40-18-2 Section 40-18-2 Levied; Persons and Subjects Taxable](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-2.md)
- [Ala. Code § 40-18-2.1 Section 40-18-2.1 Income of Foreign Missionary Exempt](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-2.1.md)
- [Ala. Code § 40-18-2.2 Section 40-18-2.2 Exemption of Certain Nonresident Income](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-2.2.md)
- [Ala. Code § 40-18-3 Section 40-18-3 (Effective January 1, 2025) Income of Officers or Agents of the United States, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-3.md)
- [Ala. Code § 40-18-4 Section 40-18-4 Interest or Other Income Received from Obligations of the United States or Its Possessions, Agencies or Instrumentalities](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-4.md)
- [Ala. Code § 40-18-5 Section 40-18-5 Tax on Individuals](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-5.md)
- [Ala. Code § 40-18-6 Section 40-18-6 Gain or Loss - Basis of Property; Adjusted Basis](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-6.md)
- [Ala. Code § 40-18-6.1 Section 40-18-6.1 Gain or Loss - Special Rules for Capital Gains Invested in Opportunity Zones](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-6.1.md)
- [Ala. Code § 40-18-7 Section 40-18-7 Gain or Loss - Determination of Amount](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-7.md)
- [Ala. Code § 40-18-8 Section 40-18-8 Gain or Loss - Recognition](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-8.md)
- [Ala. Code § 40-18-8.1 Section 40-18-8.1 Gain or Loss - Recognition of Gains Invested in Opportunity Zones](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-8.1.md)
- [Ala. Code § 40-18-9 Section 40-18-9 Gain or Loss - Optional Method for Returning as Income Increases in Redemption Value of Securities Purchased at a Discount](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-91. Check the current official text before relying on it. Not legal advice.