Oregon Administrative Rules|Section 951-004-0004 - Greenlight Oregon Labor Rebate: Withholding and Reporting

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) A person issued a written pre-certification under OAR 951-004-003 must: 
(a) Withhold from qualifying compensation and remit to the Oregon Department of Revenue a minimum aggregate withholding of 6.2% of the total qualifying compensation using payroll reporting procedures found in ORS 316.162 to 316.221 and related rules.
 
(b) Send a written report to the OFVO specifying:
(A) The total amount of Qualifying Compensation paid by the person for the period;
 
(B) The names, taxpayer identification numbers, amounts of qualifying compensation, and withholding made for each employee receiving Qualifying Compensation during which period the Qualifying Film Production was produced;
 
(C) Copies of the Oregon Form OQ and Oregon Form 132 reported for the Qualifying Film Production for the period;
 
(D) Copies of unemployment insurance tax returns for states other than Oregon if the employees upon which Oregon withholding was made are not included on the Oregon Form 132 for the period; and
 
(E) Any other information required by the OFVO.
 
 
 
(2) The written report required in subsection (1)(b) of this rule is due by the 31st of each month following regular quarterly payroll tax reporting periods, or within 30 days following the completion of the Qualifying Film Production, whichever is earlier.
 
(3) Notwithstanding subsection (1)(a) of this rule, a Qualifying Film Production may use a third-party payroll reporting service to pay the Qualifying Compensation and withhold appropriately on behalf of the Qualifying Film Production. 
(a) If the Qualifying Film Production engages another company to pay the Qualifying Compensation and withhold the tax, the Qualifying Film Production must inform the OFVO of the name and tax identification numbers of the entity retained before any Qualifying Compensation is paid on behalf of the Qualifying Film Production.
 
(b) To use the compensation paid by the third-party payroll reporting service to qualify as Qualifying Compensation for the certificate holder, the Qualifying Film Production must provide copies of the payroll reports that reflect the same information as is required in subsection (1)(b) of this rule for the entity retained to pay the qualifying compensation and the tax on behalf of the Qualifying Film Production.
 
(c) If the third-party payroll reporting service retained by the Qualifying Film Production has not reported and remitted the tax in full, the Qualifying Film Production may not use the compensation paid to employees to qualify for the Greenlight Oregon Labor Rebate.
 
 
Or. Admin. R. 951-004-0004
FVO 2-2006, f. & cert. ef. 11-17-06; FVO 1-2011, f. 12-15-11, cert. ef. 1-1-12
Stat. Auth.: ORS 284.335 & 2005 OL Ch. 559 
 
Stats. Implemented: 2005 OL Ch. 559