Form Instruction 56 for Portland Oregon 2017-2025

Form Instruction 56 for Portland Oregon: What You Should Know

A) If a taxpayer's wages do not exceed the state or local minimum wage, the taxpayer must file a form 56, a “Notice Concerning Fiduciary Relationship.” (a) For purposes of this section, “minimum wage” means the minimum of at least 7.25 per hour for an employee of agricultural, fishing, forestry, or building production labor who works 25 hours or more in a workweek. (b) No person shall receive a wage or reimbursement from any source other than a salary for any work performed unless such person is a resident or domiciliary of the state or area where the work is performed. In lieu of the use of a form 56, any employer who has established a fixed place of business in the state but who has employees who do not meet the requirements of ORS §59B.4. May make a written determination that each of the following constitutes a bona fide employment relationship where the employer pays wages at least as high as the state or local minimum wage: • There is a relationship between the employee and the employer such that the employee's work is performed at least 100 miles from the place of business, or • The employee receives compensation at least as high as the state or local minimum wage.  (d) A notice required to be filed under ORS 59B.4. Is a document that consists of the following: (1) A description of work performed; (2) A statement of the amount of each payment for work performed; (3) A claim of the existence of the relationship between the employee and the employer; (4) The name of the employer and any other information required in the form. (e) A notice required to be filed under ORS 59B.4. Does not need to contain the signature of the employer, nor is the employee required to sign the notice. (f) The filing of a notice under ORS 59B.4. Is an administrative action, and the taxpayer may file a notice with either the Tax Collector or with the Tax Compliance Division.

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