ORS 316.162: Definitions for ORS 316.162 to 316.221.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 316.162 to 316.221: (1) “Employer” means: (a) A person who is in relation to another person such that the person may control the work of that other person and direct the manner in which the work is to be done; or (b) An officer or employee of a corporation, or a member or employee of a partnership, who as an officer, employee or member is under a duty to perform the acts required of employers by ORS 316.167, 316.182, 316.197, 316.202 and 316.207. (2) “Wages” means remuneration for services performed by an employee for an employer, including the cash value of all remuneration paid in any medium other than cash, except that “wages” does not include remuneration paid: (a) For active service in the Armed Forces of the United States as to which no withholding is required by the Internal Revenue Code. (b) To an employee of a common carrier to the extent that 49 U.S.C. 14503 and 40116 prohibit the remuneration from withholding for state income taxes. (c) For domestic service in a private home, a local college club or a local chapter of a college fraternity or sorority. (d) For casual labor not in the course of the employer’s trade or business. (e) To an employee whose services to the employer consist solely of labor in connection with the planting, cultivating or harvesting of seasonal agricultural crops if the total amount paid to the employee is less than $300 annually. (f) To seamen who are exempt from garnishment, attachment or execution under title 46 of the United States Code. (g) To persons temporarily employed as emergency forest fire fighters. (h) To employees’ trusts exempt from tax under provisions of the federal Internal Revenue Code. (i) For services performed by a duly ordained, commissioned or licensed minister of a church in the exercise of the minister’s ministry or by a member of a religious order in the exercise of religious duties required by the order, which duties are not commercial in nature. (j) For services provided by an independent contractor, as defined in ORS 670.600. (k) To or on behalf of an employee, a beneficiary of an employee or an alternate payee under or to an eligible deferred compensation plan that, at the time of the payment, is a plan described in section 457(b) of the Internal Revenue Code and that is maintained by an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code. (L) When the remuneration is exempt from taxation under this chapter. [1969 c.493 §24; 1971 c.690 §1; 1973 c.229 §1; 1977 c.604 §1; 1981 c.705 §3; 1985 c.87 §3; 1989 c.762 §2; 1997 c.839 §15; 1999 c.21 §42; 1999 c.90 §13; 1999 c.580 §9; 2001 c.660 §40; 2003 c.77 §16; 2003 c.704 §6; 2005 c.533 §7; 2019 c.134 §1]
Administrative rules citing this section
- OAR 150-316-0235: Withholding: Basis of Amount Withheld — implements
- OAR 150-316-0237: Employees Exempt from Withholding — implements
- OAR 150-316-0239: Withholding on Fringe Benefits — implements
- OAR 150-316-0243: Personal Liability of Responsible Officers, Members, or Employees for Taxes Withheld — implements
- OAR 436-170-0002: Purpose of Rule — implements
- OAR 436-170-0100: Statutory Context — implements
- OAR 436-170-0200: Direction and Control Test — implements
- OAR 436-170-0300: Application of “Direction and Control” Test in Construction and Landscape Industries — implements
This rule cites
- ORS 316.162 — resolved
- 316.221 — resolved
- ORS 316.167 — resolved
- 316.182 — resolved
- 316.197 — resolved
- 316.202 — resolved
- 316.207 — resolved
- ORS 670.600 — resolved
Cited by
- ORS 267.380: Definitions for ORS 267.380 and 267.385.
- ORS 315.204: Dependent care assistance; rules.
- ORS 316.164: When surety bond or letter of credit required of employer; enforcement.
- ORS 316.168: Employer required to file combined quarterly tax report.
- ORS 316.169: Circumstances in which person other than employer required to withhold tax.
- ORS 316.172: Department to provide deduction and withholding information and determine amount, form and manner of withholding by employers.
- ORS 316.182: Withholding statement of exemption certificate; default withholding rate.
- ORS 316.189: Withholding of state income taxes from certain periodic payments.
- ORS 316.207: Liability for tax; warrant for collection; conference; appeal.
- ORS 316.209: Applicability of ORS 316.162 to 316.221 when services performed by qualified real estate broker or direct seller.
- ORS 316.212: Applicability of other provisions of tax law; employer as taxpayer.
- ORS 316.219: Rules.
- ORS 316.220: Alternative withholding requirements for qualifying film production compensation; rules; refund prohibition.
- ORS 316.221: Disposition of withheld amounts.
- ORS 316.223: Alternate methods of filing, reporting and calculating liability for nonresident employer and employee in state temporarily; rules.
- ORS 316.563: When declaration of estimated tax required; exception; effect of short tax year; content; amendment; rules.
- ORS 316.569: When declaration required of nonresident.
- ORS 320.550: Tax on wages; employers to withhold; liability of lender or surety; annual returns submitted to Department of Revenue; certain residents to report and pay tax.
- ORS 401.690: Exemption from certain taxes, registration and licensing requirements.
- ORS 447.060: Engaging in certain plumbing work not affected.
- ORS 653.601: Definitions for ORS 653.601 to 653.661.
- ORS 693.020: Persons and activities not regulated under chapter.
- ORS 801.610: “Worker transport bus.”
- OAR 150-305-0068: Discretionary Penalty Waivers
- OAR 150-305-0360: Rules Application
- OAR 150-314-0285: Assessment of Withholding Tax Against Liable Officers
- OAR 150-316-0237: Employees Exempt from Withholding
- OAR 150-316-0243: Personal Liability of Responsible Officers, Members, or Employees for Taxes Withheld
- OAR 150-316-0305: Withholding Income Taxes on IRAs, Annuities, and Compensation Plans
- OAR 150-316-0345: Requirement to use Electronic Funds Transfer
- OAR 150-316-0359: Withholding: Annual Report by Employer
- OAR 150-316-0372: Officer Liability: Joint Determination of Liability Conference
- OAR 150-320-0520: Statewide Transit Tax: Reporting and Payment Due Dates
- OAR 440-150-0001: Quarantine Time Loss Program
- OAR 918-020-0090: Program Standards
- OAR 918-090-0010: Definitions
- OAR 951-004-0004: Greenlight Oregon Labor Rebate: Withholding and Reporting
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors316.html