Oregon Statutes 657.146 – Withholding from benefits for tax purposes; rules
(1) A claimant may elect to have an amount withheld from benefits otherwise payable to the claimant.
Terms Used In Oregon Statutes 657.146
- Benefits: means the money allowances payable to unemployed persons under this chapter. See Oregon Statutes 657.010
- 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
- Internal Revenue Code: means the federal Internal Revenue Code, as amended and in effect on December 31, 2022. See Oregon Statutes 657.010
(2) An election made under this section shall be on such form and in such manner as prescribed by the Employment Department.
(3) A claimant making an election under this section may terminate the election at any time.
(4) The amount to be withheld by the Employment Department from a payment of benefits to a claimant making the election under this section shall be the total of:
(a) The amount determined under the rules of the federal Internal Revenue Code relating to the voluntary withholding of amounts from unemployment benefits, for federal income tax purposes; and
(b) An amount equal to six percent of the payment to which the claimant would be entitled but for the election made under this section, for state income tax purposes.
(5) Amounts withheld by the Employment Department pursuant to an election made under this section shall remain in the Unemployment Compensation Trust Fund established under ORS § 657.805. Those amounts allocable to federal income tax withholding shall be transferred by the Employment Department to the federal Internal Revenue Service in the time and manner provided by federal law and those amounts allocable to state income tax withholding shall be transferred to the Department of Revenue in the time and manner provided by the Department of Revenue by rule. [1995 c.556 § 55; 1997 c.133 § 2]