Okla. Stat. tit. 68, § 68-2385.1: Definitions
Where this section sits in the code
- OK Code
- Title 68
When used in the remaining sections of this article, the
following terms shall, unless the context otherwise requires, have
the following meanings:
(a) The term "Tax Commission" shall mean the Oklahoma Tax
Commission;
(b) The term "employer" shall mean any person (including any
individual, fiduciary, estate, trust, partnership, limited liability
company or corporation) transacting business in or deriving any
income from sources within the State of Oklahoma for whom an
individual performs or performed any service, of whatever nature, as
the employee of such person, except that if the person for whom the
individual performs or performed the services does not have control
of the payment of the wages for such services, the term "employer"
shall mean the person having control of the payment of such wages.
As used in the preceding sentence, the term "employer" includes any
limited liability company, corporation, individual, estate, trust,
or organization which is exempt from taxation under this article.
The term "employer" shall not include those nonresident employers
who have no office, warehouse, or place of business in Oklahoma and
whose transactions are limited to the solicitation of orders for
merchandise, which orders are filled from a point without the state
and delivered directly from said point to the purchaser in Oklahoma;
(c) The term "employee" shall mean any "resident individual,"
as defined by Section 2353 of this title, performing services for an
employer, either within or without, or both within and without, the
State of Oklahoma, and every other individual performing services
within the State of Oklahoma, the performance of which services
constitutes, establishes, and determines the relationship between
the parties as that of employer and employee. As used in the
preceding sentence, the term "employee" includes an officer of a
corporation and an officer, employee, or elected official of the
United States, a state, territory, or any political subdivision
thereof, or the District of Columbia, or any agency or
instrumentality of any one or more of the foregoing;
(d) The term "taxpayer" is as defined by Section 2353 of this
title, other than estates;
(e) The term "wages" shall have the same meaning as used in the
Internal Revenue Code, 26 U.S.C., Section 1 et seq., except as
otherwise provided in this section and article. "Wages" shall not
include remuneration paid:
(1) for services paid to an employee in connection with
farming activities where the amount paid is Nine
Hundred Dollars ($900.00) or less monthly; or
(2) for domestic service in a private home, local college
club, or local chapter of a college fraternity or
sorority; or
(3) for service not in the course of the employer's trade
or business performed in any calendar quarter by an
employee, unless the cash remuneration paid for such
service is Two Hundred Dollars ($200.00) or more; or
(4) for services performed in the state by a person who is
not a "resident individual," whose income in any
calendar quarter is not more than Three Hundred
Dollars ($300.00); or
(5) for services performed by a duly ordained,
commissioned, or licensed minister of a church in the
exercise of his ministry or by a member of a religious
order in the exercise of duties required by such
order; and
(f) The term "winnings subject to withholding" shall have the same
meaning as used in the Internal Revenue Code, 26 U.S.C., Section 1
et seq., and shall apply to transactions in this state.
Collected 2026-09-14T18:32:36Z. Source file · JSON