ORS 267.385¹
Employer payroll tax
  • collection
  • enforcement

(1) To carry out the powers granted by ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States), a district may by ordinance impose an excise tax on every employer equal to not more than seven-tenths of one percent of the wages paid with respect to the employment of individuals. For the same purposes, a district may by ordinance impose a tax on each individual equal to not more than seven-tenths of one percent of the individual’s net earnings from self-employment.

(2) No employer shall make a deduction from the wages of an employee to pay all or any portion of a tax imposed under this section.

(3) The provisions of ORS 305.620 (Collection and distribution of local taxes on income and sales) are applicable to collection, enforcement, administration and distribution of a tax imposed under this section.

(4) At any time an employer or individual fails to remit the amount of taxes when due under an ordinance of the district board imposing a tax under this section, the Department of Revenue may enforce collection by the issuance of a distraint warrant for the collection of the delinquent amount and all penalties, interest and collection charges accrued thereon. Such warrant shall be issued and may be enforced in the same manner and have the same force and effect as prescribed with respect to warrants for the collection of delinquent state income taxes.

(5) Any ordinance adopted under subsection (1) of this section shall require an individual having net earnings from self-employment from activity both within and without the district taxable by the State of Oregon to allocate and apportion such net earnings to the district in the manner required for allocation and apportionment of income under ORS 314.280 (Allocation of income of financial organization or public utility from business within and without state) and 314.605 (Short title) to 314.675 (Apportionment of net loss). Such ordinance shall give the individual the option of apportioning income based on a single factor designated by the ordinance.

(6) Any ordinance adopted under subsection (1) of this section with respect to net earnings from self-employment may impose a tax for a taxable year measured by each individual’s net earnings from self-employment for the prior taxable year, whether such prior taxable year begins before or after November 1, 1981, or such ordinance.

(7) Any ordinance imposing a tax authorized by subsection (1) of this section shall not apply to any business, trade, occupation or profession upon which a tax is imposed under ORS 267.360 (Business, trade, occupational and professional licenses and fees).

(8) The district board may not adopt an ordinance increasing a tax authorized by subsection (1) of this section unless the board makes a finding that the economy in the district has recovered to an extent sufficient to warrant the increase in tax. In making the finding, the board shall consider regional employment and income growth. [1969 c.643 §35; 1981 c.907 §3; 2003 c.576 §197; 2003 c.739 §7]

Note: Sections 8 and 9, chapter 739, Oregon Laws 2003, provide:

Sec. 8. Notwithstanding ORS 267.385 (Employer payroll tax) (1) and subject to ORS 267.260 (Withdrawal ordinance) (3) and (6), an increase in any tax imposed on wages or on net earnings from self-employment that is authorized by a mass transit district under ORS 267.385 (Employer payroll tax) (1) on or after January 1, 2004, must be phased in over a 10-year period. The district shall by ordinance set forth the increments by which the increase in tax is phased in. Subject to ORS 267.260 (Withdrawal ordinance) (3) and (6), each increment may not increase the rate of tax by more than 0.02 percent. [2003 c.739 §8]

Sec. 9. Section 8 of this 2003 Act is repealed on January 2, 2014. [2003 c.739 §9]

Notes of Decisions

For purposes of this sec­tion real estate salesper­sons are employees of brokers. Stan Wiley, Inc. v. Dept of Rev., 9 OTR 399 (1983), aff'd 299 Or 388, 702 P2d 1082 (1985)

Atty. Gen. Opinions

Authority of mass transit district's district board to refer ordinance to voters, (1979) Vol 40, p 167

1 Legislative Counsel Committee, CHAPTER 267—Mass Transit Districts; Transportation Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors267.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 267, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­267ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information