Oklahoma Business Registration Application For Nonresident Contractors Form Page 5
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26OTC Statutes and Rules Regarding Nonresident
Contractors...
Title 68, Section 1701. Definitions.
As used in Sections 1701 through 1707 of this title:
1. “Contractor” includes all prime and general contractors, subcontractors, independent contractors and
persons engaged in contract labor who through negotiations or competitive bidding enter into contracts
to furnish labor, materials or both and the required equipment to perform the contract for a fixed price
and who in pursuit of independent business undertake a job in whole or in part retaining substantial
control of the method and manner of accomplishing the desired result and means any person, firm,
joint venture, partnership, copartnership, association, corporation, or other organization engaged in the
business of the construction, alteration, repairing, dismantling, or demolition of roads, bridges, viaducts,
sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings,
dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries,
industrial or processing plants, chemical plants, power plants, electric or telephone or any other type of
energy or message transmission lines or equipment, or any other type of construction excluding family
farm operations. The term contractor shall not include the state or any agency, institution, or political
subdivision of the state or any duly constituted authority of a political subdivision;
2. “Resident contractor” means a contractor who maintains his principal place of business in this state or a
multi state employer who maintains a permanent work force of three or more employees in this state;
3. “Nonresident contractor” means a contractor who maintains his principal place of business outside this
state or a multi state employer who does not maintain a permanent work force of three or more employ-
ees in this state.
Title 68, Section 1701.1 Employer identification numbers - Responsibility of contractors -
Violations and liability exemptions.
A. All resident and nonresident contractors shall have in their possession current employer identification
numbers issued to them by the Oklahoma Tax Commission, the Oklahoma Employment Security Com-
mission, the Internal Revenue Service, and the Social Security Administration. Each contractor shall be
responsible for maintaining his own payroll reports and records including reports and records required
by the Oklahoma Tax Commission, the Oklahoma Employment Security Commission, the Internal Rev-
enue Service, and the Social Security Administration. No contractor shall be required to keep payroll
records or make any other report for any other contractor.
B. Owners, lessees, or renters awarding a contract shall not be required to ascertain if a contractor has
complied with the provisions of subsection A of this section or be responsible for a contractor’s reports,
records, or be liable for any penalty resulting from the contract.
C. Any contractor who violates or does not comply with the provisions of subsection A of this section shall
be liable for any unpaid taxes and wages resulting from his contract in addition to the penalties pro-
vided in Section 1707 of Title 68 of the Oklahoma Statutes. The failure of a contractor to comply with
the provisions of subsection A of this section shall neither present any liability or responsibility for any
unpaid taxes, wages, or penalties resulting from his contract upon any other contractor nor shall any
future contracts of said contractor be impaired because of his failure to comply with the provisions of
subsection A of this section on a prior contract.
D. Subsection A of this section shall not apply where a contract for an entire project requires the services
of less than three employees. A resident contractor shall not be required to comply with the provisions
of subsection A of this section in the construction of a single family dwelling when the total cost of the
project is less than the average sales price of a single family dwelling in this state as set each year by
the National Association of Home Builders. This subsection shall not be construed to exempt any per-
son of any tax liabilities or other requirements provided for by law.
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