Or. Admin. Code § 471-031-0130 - Domestic Service
(1) For
purposes of ORS 657.050(1)"domestic
service" means general services of a household nature in or about a private
home, including, but not limited to: services performed by cooks,
waiters/waitresses, butlers, housekeepers, child monitors, general
houseworkers, personal attendants, baby-sitters, janitors, launderers,
caretakers, gardeners, grooms and chauffeurs of automobiles for family
use.
(2) Services not of a
household nature, such as services performed as a private secretary, tutor or
nurse, even though performed in the employer's private home, are not domestic
service.
(3) A private home is a
fixed place of abode of an individual household. A separate and distinct
dwelling unit maintained by a household in an apartment house, hotel or other
similar establishment may constitute a private home, provided it is a place in
which a person resides with the intention of residence, or has so resided with
the intention of returning. If a dwelling house of an individual or family is
used primarily as a boarding house for the purpose of supplying lodging to the
public as a business enterprise, only that portion of the premises occupied by
the individual or family may be considered a private home for the purposes of
this rule.
(4) If domestic services
for an employing unit are determined to be employment under ORS
657.050 at any time during a
calendar year, that employing unit shall be an employer liable for taxes on all
cash remuneration paid for such services during that entire calendar
year.
Notes
Stat. Auth.: ORS 657
Stats. Implemented: ORS 657.050
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