Oregon Statutes 657.682 – Assessments against reorganized business entity
(1) As used in this section, ‘reorganized business entity’ means a business entity that, while operating substantially the same business as the employer, has been converted to a different form of business entity from that of the employer or has changed ownership from that of the employer, except that a business entity is not a ‘reorganized business entity’ solely because of a transfer of assets or because of a transfer of an interest of an investor who has no right to manage the business entity, including, but not limited to, the interest of:
Terms Used In Oregon Statutes 657.682
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- contributions: means the taxes that are the money payments required by this chapter, or voluntary payments permitted, to be made to the Unemployment Compensation Trust Fund. See Oregon Statutes 657.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- employer: means any employing unit which employs one or more individuals in an employment subject to this chapter in each of 18 separate weeks during any calendar year, or in which the employing unit's total payroll during any calendar quarter amounts to $1,000 or more. See Oregon Statutes 657.025
- employment: includes service that is:
(a) Subject to the tax imposed by the Federal Unemployment Tax Act; or
(b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act. See Oregon Statutes 657.030
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Taxes: means the money payments to the Unemployment Compensation Trust Fund required, or voluntary payments permitted, by this chapter. See Oregon Statutes 657.010
(a) A person that is solely a minority shareholder in a corporation;
(b) A member of a manager-managed limited liability company; and
(c) A limited partner of a limited partnership that does not participate in the control of the business of the limited partnership.
(2) For any amounts owed by an employer for contributions or interest assessed under ORS § 657.681 or for taxes, interest or penalties that may be collected under ORS § 657.642, the Director of the Employment Department may transfer those amounts to and assess those amounts against a reorganized business entity.
(3) For the purposes of this section, factors the director may consider when determining if a business entity is operating substantially the same business as the employer include, but are not limited to, whether the business entity:
(a) Operates from the same physical location as did the employer owing the debt.
(b) Provides the same services or manufactures the same products as did the employer owing the debt.
(c) Has one or more of the same:
(A) Corporate directors or officers as did the employer owing the debt.
(B) Owners or holders of a direct or indirect interest in the employer as did the employer owing the debt.
(4) A reorganized business entity against which an amount is assessed under this section may appeal the assessment by filing with the director an application for hearing under ORS § 657.683 within 20 days after the mailing of a written notice of the assessment to the last-known address of the reorganized business entity of record with the director. [2005 c.214 § 2]
657.682 was added to and made a part of ORS Chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.