➨

Fill Your Oklahoma Exempt Form

The Oklahoma Exempt Form is a document that allows individuals or businesses to declare their exempt status under the Administrative Workers' Compensation Act. By filing this form, you can request to be recognized as an independent contractor, meaning you won’t need to carry workers' compensation insurance. This form must be filed with the Oklahoma Workers’ Compensation Commission and comes with a nonrefundable fee.

Open Document Now

Jump Links

The Oklahoma Exempt form is a crucial document for individuals and businesses seeking to clarify their status under the Administrative Workers' Compensation Act (AWCA). This affidavit allows applicants to declare their exemption from the definition of "employee," which can have significant implications for workers' compensation insurance requirements. To file the form, individuals must submit the original along with a nonrefundable $50 fee to the Workers' Compensation Commission (WCC), either in person, by mail, or online. The affidavit must be completed accurately, detailing the individual's or business's understanding of their status as an independent contractor and the specific criteria that distinguish them from employees. Importantly, the form must be renewed every two years, ensuring that the exemption remains valid. The applicant must acknowledge their understanding of the responsibilities that come with this status, including the potential need to secure workers' compensation insurance if their circumstances change. Misrepresentation on the form can lead to serious legal consequences, including fines and potential felony charges. Thus, it is essential for applicants to fully grasp the implications of their declarations and the definitions surrounding employee and independent contractor statuses as outlined in Oklahoma law.

Different PDF Templates

Oklahoma Nonresident Tax Return Filing Requirements - Use “X” to indicate incorrect preprinted information.

Having a comprehensive Bill of Sale is essential for both sellers and buyers to ensure a smooth transaction process, and you can find a suitable template at legalpdf.org to help simplify this important step.

Does Oklahoma Accept Federal Extension - Failure to comply with extension payment requirements can lead to further penalties and interest.

Important Questions on Oklahoma Exempt

What is the Oklahoma Exempt Form?

The Oklahoma Exempt Form, officially known as the Affidavit of Exempt Status, is a document that individuals or business entities can file to declare that they are not required to secure workers' compensation insurance under the Administrative Workers' Compensation Act. By submitting this form, you assert that your business operates in a manner that qualifies for exemption from the definition of "employee."

Who needs to file the Oklahoma Exempt Form?

How long is the exemption valid?

The exemption granted by the Oklahoma Exempt Form is valid for two years from the filing date. If you need to renew your status, you must file a renewal application before the expiration date to maintain your exempt status.

What is the filing fee for the Oklahoma Exempt Form?

A nonrefundable fee of $50 is required when submitting the Oklahoma Exempt Form. This fee must be paid to the Workers' Compensation Commission, and it is important to note that checks will not be accepted.

Can I file the Oklahoma Exempt Form online?

Yes, you can file the Oklahoma Exempt Form online through the Oklahoma Workers' Compensation Commission's website at www.ok.gov/wcc. Alternatively, you may file the form in person or by mail.

What happens if my circumstances change?

If your circumstances change and you find that you need workers' compensation insurance, you must file a Cancellation of Affidavit of Exempt Status with the Workers' Compensation Commission. This ensures that you are compliant with the requirements of the Administrative Workers' Compensation Act.

What is the penalty for providing false information on the form?

Providing false information on the Oklahoma Exempt Form is a serious matter. If you knowingly submit false information, you may be charged with a misdemeanor, which can result in a fine of up to $1,000. In cases of fraud, more severe penalties may apply, including felony charges.

What is the difference between an employee and an independent contractor?

An employee is defined as someone who works under the control and direction of an employer, while an independent contractor operates with more autonomy. Independent contractors perform services according to their own methods and are not subject to the same level of control as employees. Understanding this distinction is crucial when determining whether to file the Oklahoma Exempt Form.

What should I do if I have employees?

If you have employees, you are generally required to obtain workers' compensation insurance unless they are otherwise exempt. It is essential to understand your obligations under the Administrative Workers' Compensation Act to ensure compliance and protect your business.

How can I ensure I qualify as an independent contractor?

To qualify as an independent contractor, you should review the nature of your contract, the level of control the contractor has over your work, and whether you operate a distinct business. Factors such as invoicing for services, maintaining business insurance, and working for multiple clients can also indicate your status. Each situation is unique, so consider seeking legal advice if you have questions.

How to Write Oklahoma Exempt

Filling out the Oklahoma Exempt form requires careful attention to detail. This form is crucial for individuals or businesses seeking to declare their exempt status under the Administrative Workers' Compensation Act. After completing the form, it must be submitted along with a nonrefundable filing fee to the Workers’ Compensation Commission.

Obtain the Oklahoma Exempt form, known as CC-FORM-36A.
Fill in the section labeled "Type of Filing" by checking the appropriate box for either "Original Affidavit of Exempt Status" or "Renewal."
If renewing, provide your previous Affidavit number and expiration date in the designated spaces.
In the section labeled "I,," write your name and, if applicable, the business name you operate under.
Read and understand the definitions of "employee" and "independent contractor" provided in the form.
Complete the statement confirming that you have read, signed, and attached the Exempt Status Fact Sheet.
Indicate your understanding of the implications of the affidavit, including the acknowledgment that you do not want workers’ compensation insurance.
Provide your contact information, including your title, phone number, business name, email, and FEIN/EIN/TIN number.
Fill in your mailing address accurately.
Sign and date the affidavit to declare that the information is true and complete, acknowledging the penalty for false information.
Prepare a check for the nonrefundable $50 filing fee, made payable to the Workers' Compensation Commission.
Submit the completed form and payment either in person, by mail, or online at www.ok.gov/wcc.

Similar forms

The Oklahoma Exempt form shares similarities with the IRS Form W-9, which is used to request a taxpayer identification number and certification. Both documents require individuals or businesses to provide identifying information, such as names and addresses. The W-9 form is typically used to establish independent contractor status for tax purposes, while the Oklahoma Exempt form serves to declare exemption from workers' compensation insurance. Both forms emphasize the importance of accurate information and the consequences of providing false details.

Another document comparable to the Oklahoma Exempt form is the Independent Contractor Agreement. This agreement outlines the terms of the working relationship between a contractor and a client. Like the Exempt form, it distinguishes between employees and independent contractors. Both documents highlight the contractor's independence in managing their work. The Independent Contractor Agreement often includes clauses about payment and responsibilities, similar to how the Oklahoma Exempt form addresses the contractor's obligations regarding workers' compensation.

The 1099-MISC form also parallels the Oklahoma Exempt form, as it is used to report payments made to independent contractors. Both documents serve to clarify the status of the worker, ensuring they are recognized as independent rather than employees. The 1099-MISC requires the contractor's taxpayer identification number, which is similar to the information requested in the Oklahoma Exempt form. Both forms are essential for proper tax reporting and compliance.

The Certificate of Insurance is another relevant document. This certificate provides proof of insurance coverage, particularly for liability and workers' compensation. Like the Oklahoma Exempt form, it can be used to demonstrate that a business or individual is operating without the need for workers' compensation insurance. Both documents serve to inform clients or other parties about the contractor's insurance status, thereby mitigating risks associated with potential injuries or claims.

Similarly, the Affidavit of Independent Contractor Status serves a purpose akin to the Oklahoma Exempt form. This affidavit is used to affirm a contractor's status as independent, thus exempting them from certain employer obligations, including workers' compensation. Both documents require the signer to attest to their status and understanding of the implications. They both help clarify the legal standing of the contractor in relation to the hiring party.

The Business License Application is another document that can be compared to the Oklahoma Exempt form. Both documents require the applicant to provide specific information about their business operations. While the Business License Application is primarily concerned with the legal ability to operate a business, the Oklahoma Exempt form focuses on the status of the individual or business concerning workers' compensation. Both forms may be necessary for compliance with state regulations.

When preparing for a trailer sale, having the right documentation is crucial. A helpful resource is the comprehensive trailer bill of sale form, which provides guidance on the necessary details for ownership transfer and protects both the buyer and seller in the process.

The Release of Liability form also shares similarities with the Oklahoma Exempt form. This document is used to protect a business from claims resulting from injuries that may occur during the course of a contractor's work. Both forms emphasize the need for clarity regarding the relationship between the contractor and the business. They both aim to limit liability and clarify responsibilities, ensuring that all parties understand their rights and obligations.

Lastly, the Non-Disclosure Agreement (NDA) can be likened to the Oklahoma Exempt form in that both documents establish boundaries in a professional relationship. An NDA protects confidential information shared between parties, while the Oklahoma Exempt form clarifies the contractor's status and the implications of that status. Both documents are essential in formalizing agreements and protecting the interests of the parties involved.

Example - Oklahoma Exempt Form

THIS SPACE FOR COMMISSION USE ONLY

CC-FORM-36A	WORKERS’ COMPENSATION COMMISSION
	1915 NORTH STILES AVENUE STE 231
File original and one (1) copy with the	OKLAHOMA CITY, OK 73105
Workers’ Compensation Commission
(WCC) in-person or by mail, or file online at
www.ok.gov/wcc.	AFFIDAVIT OF EXEMPT STATUS UNDER THE
Must be accompanied by a nonrefundable	AFFIDAVIT OF EXEMPT STATUS UNDER THE
$50 filing fee payable to the WCC.	ADMINISTRATIVE WORKERS' COMPENSATION ACT
CHECKS WILL NOT BE ACCEPTED.

Type of Filing (check one):  Original Affidavit of Exempt Status - Expires at midnight two (2) years from the filing date.

Renewal - Expires at midnight two (2) years from the expiration date indicated below.

If renewing a current Affidavit, provide: Affidavit # __________ and Expiration Date: _____________

I, ________________________________________, state under penalty of perjury, as follows:

1.I, ____________________________________ (Name of individual), in my individual capacity or operating as

_________________________________ (business name), have read, signed and attached the Exempt Status Fact Sheet and understand the definition of "employee" and specific exceptions to that definition found in 85A O.S. §2(18). I also understand that an Independent Contractor is one who engages to perform certain services for another, according to his own manner, method, free from control and direction of his contractor in all matters connected with the performance of the service, except as to the result or product of the work. A Contractor may be either (i) the owner of a project or job or (ii) an Independent Contractor in any tier who has subcontracted with a subcontractor.

2.I understand that based upon the representations in this Affidavit of Exempt Status ("Affidavit"), I am reques�ng that the recipient of this Aﬃdavit consider my business to either (i) be exempt from the deﬁni�on of “employee” or (ii) be that of an independent contractor, and that no workers' compensa�on insurance premium be charged for the services performed by my business. I do not want workers’ compensa�on insurance and understand that I am not eligible for workers’ compensa�on beneﬁts.

3.In the event changed circumstances make securing compensation pursuant to the requirements of the Administrative Workers' Compensation Act necessary, I will execute and file a Cancellation of Affidavit of Exempt Status with the Workers' Compensation Commission. I will obtain workers’ compensation and employers’ liability insurance for my employees if I have employees, unless they are otherwise exempt from the requirements of the Administrative Workers’ Compensation Act.

4.The information I have provided is not the result of force, threats, coercion, compulsion or duress.

5.I understand that the execution of this Affidavit, if I am an independent contractor, shall establish a conclusive presumption that I am not an employee for purposes of the Administrative Workers’ Compensation Act.

6.I understand that the execution of this Affidavit shall not affect the rights or coverage of any employee of the individual or business executing this Affidavit.

7.I understand if any contractor or its insurer shall become liable under the Administrative Workers’ Compensation Act for the payment of compensation due to a compensable work related injury of my employee(s), the contractor or its insurer may recover from me the amount of such compensation paid or for which liability is incurred.

8.I understand that knowingly providing false information on an executed Affidavit of Exempt Status shall constitute a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

Affiant Signature

I declare under PENALTY OF PERJURY that I have examined all statements contained herein, and to the best of my knowledge and belief, they are true, correct and complete.

Affiant Name ______________________________________ Title ________________________ Phone _____________________

Business Name ____________________________________________________ Email ___________________________________

FEIN/EIN/TIN # _______________ Mailing Address ________________________________________________________________

Affiant Signature _________________________________________________________________ Date _____________________

Any person who commits workers’ compensation fraud, upon conviction, shall be guilty of a felony punishable by imprisonment, a fine or both.

It is a crime to falsify the information on this form.

Effective 1/2/19

EXEMPT STATUS FACT SHEET

Pursuant to 85A O.S., §36, any individual or business entity that is not required to secure compensation under the requirements of the Administrative Workers' Compensation Act (AWCA) may execute an Affidavit of Exempt Status. Those who are unsure as to whether they may lawfully submit an Affidavit of Exempt Status should seek competent legal advice.

Employee: 85A O.S., §2(18): The definition of "employee" includes any person, including minors, in the service of an employer under any contract of hire or apprenticeship, written or oral, expressed or implied. It excludes those whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer. Additional, specific exceptions may be found in 85A O.S. §2(18)(b).

Independent Contractor: The AWCA does not define "independent contractor." Oklahoma law considers an independent contractor to be one who engages to perform certain services for another, according to his or her own manner and method, free from control and direction of his or her contractor in all matters connected with the performance of the service, except as to the result or product of the work. Independent Contractors are not “employees” for purposes of the AWCA.

Below are statements to help you decide if you are an independent contractor. No one statement is controlling, and your status is based on all the facts in your situation.

1.The nature of the contract between you and the contractor. For example: Is there a writen contract where you agree that you are an independent contractor? Are you a corpora�on or limited liability company? Do you maintain commercial general liability insurance or other business insurance?

2.The contractor exercises very litle control over your work. For example: By the agreement, can the contractor exercise control on the details of the work or your independence? Do you exercise control over most of the details of the work? Do you create plans or speciﬁca�ons for the job? Do you set your own work hours?

3.You are engaged in a dis�nct occupa�on or business for others. For example: Do you work for companies or individuals other than the Contractor? Do you work for compe�tors of the Contractor? Does your business have a logo or uniform?

4.Your job is the kind of occupa�on where the work is usually performed by a specialist without supervision, and not under the direc�on of the contractor. For example: Does the Contractor supervise your work?

5.Your occupa�on requires special skills, license, educa�on or training.

6.The contractor does not supply the things needed to perform your job such as the tools and the place of work. For example: Do you supply any of the materials or tools for the work? Do you operate a vehicle owned by the contractor? Do you perform the work at your business or the contractor’s business loca�on or jobsite? Do you wear a uniform supplied by the contractor?

7.The length and dura�on of the job does not show that you are really an employee. For example: Is this a one-�me job, or will you be doing this for the contractor regularly?

8.You are paid as a separate contractor, not as an employee. For example: Do you invoice the Contractor for your services? Are you paid by the job? Do you ﬁle a federal income tax return for your business? Do you expect to receive an IRS Form 1099 from the Contractor? Does the Contractor pay your expenses?

9.Your work is not the regular business of the employer. For example: Is your work customarily done in the Contractor’s line of business or as part of the Contractor’s daily work? Have you ever been an employee of the Contractor? Do you work with other people hired by the Contractor on the work you perform?

10.You do not consider yourself an employee of the contractor. For example: Will the Contractor withhold taxes or monies from your payment? Have you ever been an employee of the Contractor? Have you or your employees ever ﬁled an insurance claim against the Contractor?

11.You do not have the right to terminate the rela�onship without liability. For example: If you quit before the job is ﬁnished, is there a penalty?

It is a crime to falsify the information on this form.

Effective 1/2/19

Documents used along the form

When dealing with the Oklahoma Exempt form, several other documents and forms may be necessary to ensure compliance with state regulations and to clarify the status of workers. Each of these documents serves a specific purpose and can be vital in establishing the relationship between contractors and their workers. Below is a list of commonly used forms that accompany the Oklahoma Exempt form.

Cancellation of Affidavit of Exempt Status: This form is used when an individual or business decides to revoke their previously filed Affidavit of Exempt Status. It is essential for notifying the Workers' Compensation Commission that the party is now seeking workers' compensation coverage.
Workers' Compensation Insurance Policy: This document outlines the coverage provided by an insurance policy for workers’ compensation. It is crucial for businesses that have employees and are required to secure compensation under the Administrative Workers' Compensation Act.
Employer’s Liability Insurance Policy: Similar to workers' compensation insurance, this policy protects employers from claims made by employees for work-related injuries or illnesses. It is often necessary for businesses that have employees and want to mitigate risks.
Independent Contractor Agreement: This contract defines the terms and conditions between a contractor and an independent contractor. It clarifies the scope of work, payment terms, and the independent status of the contractor, which is important for tax and liability purposes.
IRS Form W-9: This form is used by independent contractors to provide their taxpayer identification number to businesses that pay them. It is essential for tax reporting and ensures that the contractor is classified correctly for tax purposes.
Articles of Incorporation: To establish a corporation in California, businesses must submit the Articles of Incorporation, which is essential for outlining the company's structure and purpose, as discussed in detail at legalformspdf.com.
IRS Form 1099-MISC: This form is issued by businesses to report payments made to independent contractors. It is crucial for tax purposes and must be provided to contractors who earn $600 or more in a calendar year.
Business License: A business license may be required to operate legally within a specific jurisdiction. It ensures that the business complies with local regulations and is recognized as a legitimate entity.
Exempt Status Fact Sheet: This document provides detailed information about the criteria for being considered exempt from workers' compensation requirements. It helps individuals understand their rights and responsibilities under the law.
Notice of Non-Compliance: This form may be issued by the Workers' Compensation Commission if a business fails to comply with the requirements of the Administrative Workers' Compensation Act. It serves as a warning and outlines steps to rectify the situation.

Understanding these forms and documents can help ensure compliance with Oklahoma's workers' compensation laws. Each serves a specific role in clarifying the relationship between employers and workers, particularly in distinguishing between employees and independent contractors. Proper documentation can help mitigate risks and protect both parties involved.

Key takeaways

Understanding the Oklahoma Exempt form is crucial for individuals and businesses seeking to clarify their status regarding workers' compensation. Here are key takeaways about filling out and using this form:

Purpose of the Form: The Oklahoma Exempt form is used to declare an individual's or business's exempt status under the Administrative Workers' Compensation Act.
Filing Fee: A nonrefundable fee of $50 must accompany the form when submitting it to the Workers' Compensation Commission. Payments should be made payable to the WCC, and checks are not accepted.
Expiration: The original affidavit expires two years from the filing date, while renewals expire two years from the previous expiration date.
Independent Contractor Definition: The form allows individuals to assert that they are independent contractors rather than employees, which has implications for workers' compensation insurance requirements.
Understanding Employee Status: The form requires signers to acknowledge the definition of an "employee" and the exceptions that apply, as outlined in 85A O.S. §2(18).
Change of Circumstances: If circumstances change, the individual must file a Cancellation of Affidavit of Exempt Status and secure workers’ compensation insurance if necessary.
False Information Consequences: Providing false information on the affidavit can result in a misdemeanor charge, with fines up to $1,000.
Legal Advice Recommended: Individuals uncertain about their eligibility to submit the affidavit should seek legal counsel to avoid potential issues.
Affidavit Signature: The form must be signed by the affiant, who declares under penalty of perjury that the information provided is accurate and complete.
Liability for Compensation: If a contractor or their insurer becomes liable for compensation due to a work-related injury of the individual’s employees, they may seek reimbursement from the individual who filed the affidavit.

By understanding these key points, individuals and businesses can navigate the process of filling out and using the Oklahoma Exempt form more effectively.

▼ Oklahoma Exempt