17
• Employee tips reported by the employer as
directed by Internal Revenue Code Section 3306.
• Board provided to employees as part of their pay
has a minimum value of 30 percent of the standard
per diem meal rate within the continental United
States. Round the per-diem rate to the nearest
dollar. The rate per month will be 30 times the
rounded daily rate.
If room is also furnished, no additional value will
be placed upon it. If room and board are furnished
at hotels, resorts, or lodges, or if a room only, an
apartment, a house, or any other consideration is
provided, the value for tax purposes will be the
fair market value.
Excluded wages
Examples of payments that aren’t subject to UI tax
under UI law are:
• Payments to a sole proprietor or the sole propri-
etor’s child under 18, spouse, or parent.
• Payments to legally responsible and registered
general partner(s) of a Limited Liability Partner-
ship (LLP) or to members of a Limited Liability
Company (LLC).
•
Payments by nonprofit or public educational insti-
tute to full-time students attending said institution.
• Non-cash payments to workers in agricultural or
domestic (in-home services) employment.
• Sick pay under WC law.
• Certain sole corporate officers and closely held
family corporations that elect in writing to
exclude payments for services to corporate offices
who:
— Are directors;
— Have a substantial ownership interest in the
corporation; and
— Are members of the same family, as parents,
stepparents, grandparents, spouses, sons-
in-law, daughters-in-law, brothers, sisters,
children, stepchildren, adopted children, or
grandchildren.
An election to exclude corporate officers must be
in writing and will be effective the first day of the
current or preceding calendar quarter in which
the request was submitted. To download the form
visit OED’s website (see page 1).
The exclusion doesn’t go into effect until you
receive written approval.
Note: Those excluded from state UI tax may be
subject to higher FUTA tax.
UI tax payments
UI tax payments are due quarterly when reports
are due (see page 4). When there is more owed
than taxes, payments are applied first to legal fees,
penalties, and interest. The remainder is applied
to tax owed.
Special payroll tax
The UI tax program is authorized to collect a spe-
cial payroll tax that is calculated every quarter.
This isn’t an additional tax. Employers subject to
FUTA must deduct the special payroll tax from
the total state unemployment tax to determine the
amount reported as “contributions paid to the state
unemployment fund” on FUTA Form 940.
The special payroll tax funds the Wage Security
Fund (BOLI) and the Supplemental Employment
Department Administration Fund (SEDAF). The
BOLI fund pays final wages when a business closes
and doesn’t have enough money to make final
payroll. The SEDAF fund provides OED's services.
Don’t include the special payroll tax to calculate
a credit when reporting on federal Form 940. To
calculate “contributions paid to the state,” use two
lines in item 3 on Form 940 (computation of tenta-
tive credit)—see the table on page 14 for the correct
amounts.
Example 1: An employer has a tax rate of 3 percent
(0.03). In the second quarter, the experience rate
will be 2.91 percent (0.0291), which is the tax rate
less the 0.09 percent (0.0009) special payroll tax
offset.
Example 2: Employers with the highest state
unemployment tax rate, 5.4 percent (0.054), should
not calculate the amount of the special payroll tax
offset. The employer should use the unadjusted
amount of taxes paid to the state as “contributions
paid to your state unemployment fund.”
“Contributions actually paid to the state” should
equal the amounts on line 17, Form OQ for each
quarter. If the amounts paid were less than owed,
report the amount actually paid. To download
Form 940 visit the IRS website (see page 2).
Exemption from UI tax
An employer who doesn’t have enough employ-
ment or payroll may qualify for exemption from
UI tax (ORS 657.415). To apply for the exemption,
file a written request with the director of OED. If
approved, the exemption will continue until the
employer again qualifies as an employer (ORS 657).