Oregon Statutes 315.133 – Overtime compensation paid to agricultural workers
(1) As used in this section and ORS § 315.135 and 315.136:
Terms Used In Oregon Statutes 315.133
- 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.
(a) ‘Agricultural worker’ has the meaning given that term in ORS § 653.271.
(b) ‘Eligible employer’ means an employer doing business in 2017 North American Industry Classification System code 111, crop production, or code 112, animal production and aquaculture.
(c) ‘Full-time equivalent employee’ means an employee or a combination of employees that perform at least 2,080 hours of work for an employer in a calendar year.
(2)(a) A credit against taxes that are otherwise due under ORS Chapter 316 or, if the taxpayer is a corporation, under ORS Chapter 317 or 318 is allowed for overtime compensation required under ORS § 653.272 to be paid, for work performed in Oregon, by an eligible employer to agricultural workers on an hourly basis. The amount of the credit shall equal a percentage of the actual excess paid to agricultural workers during the calendar year in which the tax year begins, as determined under ORS § 315.135.
(b) A labor contractor licensed under ORS § 658.410 may not claim a credit under this section. An eligible employer may claim a credit under this section for wages paid to workers recruited, solicited, supplied or employed by a labor contractor on behalf of the eligible employer.
(c) Notwithstanding ORS § 317.090 (3), a credit under this section is allowed against the tax imposed under ORS § 317.090.
(d) A credit is not allowed under this section for any overtime wages paid to an employee who is exempt from the provisions of ORS § 653.272 as a member of the immediate family of the employer.
(3) Prior to claiming the credit allowed under this section, a taxpayer is required to receive a notice of acknowledgment from the Department of Revenue, as provided in ORS § 315.136, stating the maximum amount of credit that the taxpayer may claim for the calendar year.
(4) If the amount allowable:
(a) As a credit under this section against taxes imposed under ORS Chapter 316, when added to the sum of the amounts allowable as payment of tax under ORS § 316.187 or 316.583, other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by ORS chapters 314 and 316 for the tax year after application of any nonrefundable credits allowable for purposes of ORS Chapter 316 for the tax year, the amount of the excess shall be refunded to the taxpayer as provided in ORS § 316.502.
(b) As a credit under this section against taxes imposed under ORS Chapter 317 or 318, when added to the sum of the amount of estimated tax paid under ORS § 314.515 and any other tax prepayment amounts, exceeds the taxes imposed by ORS chapters 314 and 317 for the tax year (reduced by any nonrefundable credits allowable for purposes of ORS Chapter 317 for the tax year), the amount of the excess shall be refunded to the taxpayer as provided in ORS § 314.415.
(5) Any amount that is refunded to the taxpayer under this section and that is in excess of the tax liability of the taxpayer does not bear interest.
(6) A nonresident shall be allowed the credit under this section. The credit shall be computed in the same manner and be subject to the same limitations as the credit granted to a resident. However, the credit shall be prorated using the proportion provided in ORS § 316.117.
(7) If a change in the taxable year of the taxpayer occurs as described in ORS § 314.085, or if the Department of Revenue terminates the taxpayer’s taxable year under ORS § 314.440, the credit allowed under this section shall be prorated or computed in a manner consistent with ORS § 314.085.
(8) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed under this section shall be determined in a manner consistent with ORS § 316.117.
(9) The Department of Revenue shall adopt rules for the purposes of ORS § 315.133 to 315.137, including policies and procedures for providing notice to taxpayers regarding the credit allowed under this section as required in ORS § 315.136. [2022 c.115 § 8]
[1993 c.730 § 10 (enacted in lieu of 316.084, 317.133 and 318.080); 1995 c.54 § 3; repealed by 2011 c.83 § 13]