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Oregon Revised Statutes

Or. Rev. Stat. § 316.209 (2026)

Applicability of ORS 316.162 to 316.221 when services performed by qualified real estate broker or direct seller

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      316.209 Applicability of ORS 316.162 to 316.221 when services performed by qualified real estate broker or direct seller. (1) For purposes of ORS 316.162 to 316.221, in the case of services performed as a qualified real estate broker, qualified principal real estate broker or as a direct seller:

      (a) The individual performing the services shall not be treated as an employee; and

      (b) The person for whom the services are performed shall not be treated as an employer.

      (2) As used in this section, “qualified real estate broker” or “qualified principal real estate broker” means any individual if:

      (a) The individual is a real estate licensee under ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995;

      (b) Substantially all of the remuneration (whether or not paid in cash) for the services performed by the individual as a real estate licensee is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; and

      (c) The services performed by the individual are performed pursuant to a written contract between the individual and the real estate broker, principal real estate broker or real estate appraiser for whom the services are performed and the contract provides that the individual will not be treated as an employee with respect to the services for Oregon tax purposes.

      (3) As used in this section, “direct seller” means any individual if:

      (a) The individual is:

      (A) Engaged in the trade or business of selling, or soliciting the sale of, consumer products to any buyer on a buy-sell basis, a deposit-commission basis or any similar basis, which the Department of Revenue prescribes by rule, for resale by the buyer or any other person, in the home or otherwise than in a permanent retail establishment; or

      (B) Engaged in the trade or business of selling, or soliciting the sale of, consumer products in the home or otherwise than in a permanent retail establishment;

      (b) Substantially all the remuneration (whether or not paid in cash) for the performance of the services described in paragraph (a) of this subsection is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; and

      (c) The services performed by the individual are performed pursuant to a written contract between the individual and the person for whom the services are performed and the contract provides that the individual will not be treated as an employee with respect to the services for Oregon tax purposes. [1983 c.597 §3; 2001 c.300 §61]

 

      316.210 [1953 c.304 §28; repealed by 1957 c.632 §1 (314.285 enacted in lieu of 316.210 and 317.185)]

Notes of Decisions
Cited in 3 cases, 1985–2018 · leading case: Acn Opportunity, LLC v. Emp't Dep't, 418 P.3d 719 (Or. 2018).
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Acn Opportunity, LLC v. Emp't Dep't, 418 P.3d 719 (Or. 2018). · cites it 2× “ACN also observes that the Oregon legislature adopted that same language in 1983 in ORS 316.209, which defines "direct seller" for tax purposes.”
Realty Grp., Inc. v. Dep't of Revenue, 702 P.2d 1075 (Or. 1985). “5 Oregon Laws 1983, chapter 597, section 6, codified as ORS 316.209, allows qualified real estate salespeople to be treated as independent contractors for tax purposes.”
Vector Mktg. Corp. v. Emp. Dep't, 365 P.3d 686 (Or. Ct. App. 2015). · cites it 3× “Vector points out that 26 USC section 3508 and ORS 316.209(3) define a direct-seller exception from federal employment and income tax and state income tax, respectively.”
Or. Rev. Stat. § 316.209(3): 1 case
Vector Mktg. Corp. v. Emp. Dep't, 365 P.3d 686 (Or. Ct. App. 2015). “Vector points out that 26 USC section 3508 and ORS 316.209(3) define a direct-seller exception from federal employment and income tax and state income tax, respectively.”
Or. Rev. Stat. § 316.209(3)(a)(B): 1 case
Acn Opportunity, LLC v. Emp't Dep't, 418 P.3d 719 (Or. 2018). “ACN also observes that the Oregon legislature adopted that same language in 1983 in ORS 316.209, which defines "direct seller" for tax purposes.”
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