Oregon Revised Statutes

Or. Rev. Stat. § 316.162 (2026)

Definitions for ORS 316.162 to 316.221

✓ current as of May 2026
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      316.162 Definitions for ORS 316.162 to 316.221. 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]

Notes of Decisions
Cited in 35 cases (3 in the last 5 years), 1974–2022 · leading case: Olson v. Dep't of Revenue, 744 P.2d 240 (Or. 1987).
Olson v. Dep't of Revenue, 744 P.2d 240 (Or. 1987). · cites it 32× “" In sum, the Tax Court concluded that his arrangement with Bowman relieved him of any "`duty' to perform the acts required of an employer *243 within the meaning of ORS 316.162." 10 OTR at 276. It may be true that as between plaintiff and Bowman, their arrangement relieved…”
Robblee v. Dep't of Revenue, 942 P.2d 765 (Or. 1997). · cites it 14× “UNDER ORS 316.162 AND ORS 316.167, RESPONSIBLE OFFICERS AND EMPLOYEES OF A CORPORATION ARE PERSONALLY LIABLE FOR ANY TAXES DUE AND NOT PAID TO THE DEPARTMENT.”
Realty Grp., Inc. v. Dep't of Revenue, 702 P.2d 1075 (Or. 1985). · cites it 7× “This double test does not itself create any difficulty, because the definition of “wages” in ORS 316.162 is identical to that in ORS 267.”
Kirwan v. Dept. of Rev., 21 Or. Tax 424 (Or. T.C. 2014). · cites it 5× “600(2), requires that the ORS definition of “trade or business” be used with respect to allowable deduc- tions under ORS 316.”
McCormick v. Dep't of Revenue, 10 Or. Tax 380 (Or. T.C. 1987). · cites it 6× “at when the president of a corporation exercised no supervision or control over the day-to-day operations of a lumber mill, was out of the state almost all of the time during the mill operation, and where the management was under the active control of a third party, the mere…”
Wyatt v. Body Imaging, P.C., 989 P.2d 36 (Or. Ct. App. 1999). · cites it 2× “014(2) ("`[s]alaries and wages' means payments to officers and employees of a state agency for services rendered"); ORS 316.162(3) ("`[w]ages' means remuneration for services performed by an employee for an employer"); ORS 652.”
Dep't of Revenue v. Clark, 17 Or. Tax 218 (Or. T.C. 2003). · cites it 2× “162(2), which defines the phrase “number of withholding exemptions claimed” as used in ORS 316.162 to 316.212 as meaning: “the number of withholding exemptions claimed in a withholding exemption certificate in effect under ORS 316.”
Olson v. Dep't of Revenue, 10 Or. Tax 272 (Or. T.C. 1986). · cites it 4× “Consequently, the court finds that plaintiff did not have the “duty” to perform the acts required of an employer within the meaning of ORS 316.162. Accordingly, the order of the Department of Revenue is hereby set aside and held for naught.”
Sayles v. Dep't of Revenue, 13 Or. Tax 324 (Or. T.C. 1995). “Accordingly, ORS 316.162(3)(b) defines employer as: “An officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee or member is under a duty to perform the acts required of employers by [statutes for withholding and paying…”
Bellotti v. Dep't of Revenue, 12 Or. Tax 543 (Or. T.C. 1993). · cites it 3× “Accordingly, the court finds plaintiff did not have the requisite authority and control over the corporation to order the payment of the withholding tax, and thus is not an employer *547 under ORS 316.162. Defendant’s Opinion and Order No.”
Rock v. Dep't of Taxes, 742 A.2d 1211 (Vt. 1999). “at 241 (citing ORS § 316.162(3)(b)). In contrast to this approach, the Ohio Supreme Court rejected outright the notion that a “willfulness” requirement should be read into the state statute imposing personal liability on corporate officers for unremitted sales tax, stating that…”
Robblee v. Dep't of Revenue, 13 Or. Tax 505 (Or. T.C. 1996). · cites it 2× “” ORS 316.162(3 )(b). ISSUES (1) Did the actions of CFC excuse the officers from their liability under ORS 316.”
— Or. Rev. Stat. § 316.162(2) — 5 cases
Realty Grp., Inc. v. Dep't of Revenue, 702 P.2d 1075 (Or. 1985). “This double test does not itself create any difficulty, because the definition of “wages” in ORS 316.162 is identical to that in ORS 267.”
Dep't of Revenue v. Clark, 17 Or. Tax 218 (Or. T.C. 2003). “162(2), which defines the phrase “number of withholding exemptions claimed” as used in ORS 316.162 to 316.212 as meaning: “the number of withholding exemptions claimed in a withholding exemption certificate in effect under ORS 316.”
Clark v. Dep't of Revenue, 15 Or. Tax 209 (Or. T.C. 2000).
Kirwan v. Dep't of Revenue (Or. T.C. 2012).
Woodland v. Dept. of Rev. (Or. T.C. 2022).
— Or. Rev. Stat. § 316.162(2)(a) — 1 case
Realty Grp., Inc. v. Dep't of Revenue, 702 P.2d 1075 (Or. 1985). “This double test does not itself create any difficulty, because the definition of “wages” in ORS 316.162 is identical to that in ORS 267.”
— Or. Rev. Stat. § 316.162(2)(j) — 2 cases
Kirwan v. Dept. of Rev., 21 Or. Tax 424 (Or. T.C. 2014). “600(2), requires that the ORS definition of “trade or business” be used with respect to allowable deduc- tions under ORS 316.”
Kirwan v. Dep't of Revenue (Or. T.C. 2012).
— Or. Rev. Stat. § 316.162(3) — 16 cases
Olson v. Dep't of Revenue, 744 P.2d 240 (Or. 1987). “" In sum, the Tax Court concluded that his arrangement with Bowman relieved him of any "`duty' to perform the acts required of an employer *243 within the meaning of ORS 316.162." 10 OTR at 276. It may be true that as between plaintiff and Bowman, their arrangement relieved…”
Wyatt v. Body Imaging, P.C., 989 P.2d 36 (Or. Ct. App. 1999). “014(2) ("`[s]alaries and wages' means payments to officers and employees of a state agency for services rendered"); ORS 316.162(3) ("`[w]ages' means remuneration for services performed by an employee for an employer"); ORS 652.”
Olson v. Dep't of Revenue, 10 Or. Tax 272 (Or. T.C. 1986). “Consequently, the court finds that plaintiff did not have the “duty” to perform the acts required of an employer within the meaning of ORS 316.162. Accordingly, the order of the Department of Revenue is hereby set aside and held for naught.”
McCormick v. Dep't of Revenue, 10 Or. Tax 380 (Or. T.C. 1987). “at when the president of a corporation exercised no supervision or control over the day-to-day operations of a lumber mill, was out of the state almost all of the time during the mill operation, and where the management was under the active control of a third party, the mere…”
Realty Grp., Inc. v. Dep't of Revenue, 702 P.2d 1075 (Or. 1985). “This double test does not itself create any difficulty, because the definition of “wages” in ORS 316.162 is identical to that in ORS 267.”
— Or. Rev. Stat. § 316.162(3)(a) — 1 case
Bellotti v. Dep't of Revenue, 12 Or. Tax 543 (Or. T.C. 1993). “Accordingly, the court finds plaintiff did not have the requisite authority and control over the corporation to order the payment of the withholding tax, and thus is not an employer *547 under ORS 316.162. Defendant’s Opinion and Order No.”
— Or. Rev. Stat. § 316.162(3)(b) — 12 cases
Olson v. Dep't of Revenue, 744 P.2d 240 (Or. 1987). “" In sum, the Tax Court concluded that his arrangement with Bowman relieved him of any "`duty' to perform the acts required of an employer *243 within the meaning of ORS 316.162." 10 OTR at 276. It may be true that as between plaintiff and Bowman, their arrangement relieved…”
Robblee v. Dep't of Revenue, 942 P.2d 765 (Or. 1997). “UNDER ORS 316.162 AND ORS 316.167, RESPONSIBLE OFFICERS AND EMPLOYEES OF A CORPORATION ARE PERSONALLY LIABLE FOR ANY TAXES DUE AND NOT PAID TO THE DEPARTMENT.”
Sayles v. Dep't of Revenue, 13 Or. Tax 324 (Or. T.C. 1995). “Accordingly, ORS 316.162(3)(b) defines employer as: “An officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee or member is under a duty to perform the acts required of employers by [statutes for withholding and paying…”
Rock v. Dep't of Taxes, 742 A.2d 1211 (Vt. 1999). “at 241 (citing ORS § 316.162(3)(b)). In contrast to this approach, the Ohio Supreme Court rejected outright the notion that a “willfulness” requirement should be read into the state statute imposing personal liability on corporate officers for unremitted sales tax, stating that…”
Portland Gen. Elec. Co. v. Dep't of Revenue, 11 Or. Tax 78 (Or. T.C. 1988).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.