| Farm Employment Includes: | | |
| 1. Cultivating soil; raising or harvesting any agricultural or horticultural commodity; the care of livestock, poultry, bees, fur-bearing animals, or wildlife.
| Taxable if $150 test or $2,500 test is met. See
section 4.
| Taxable if either test in
section 10 is met.
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| 2. Work on a farm if major farm duties are in management or maintenance, etc., of farm tools or equipment or salvaging timber, or clearing brush or other debris, left by hurricane.
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| 3. Work in connection with the production and harvesting of turpentine and other oleoresinous products.
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| 4. Cotton ginning. |
| 5. Operating or maintenance of ditches, reservoirs, canals, or waterways used only for supplying or storing water for farming purposes and not owned or operated for profit.
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| 6. Processing, packaging, etc., any commodity in its unmanufactured state if employed by farm operator who produced over half of commodity processed or by group of up to 20 unincorporated farm operators if they produced all the commodity.
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| 7. Hatching poultry on a farm.*
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| 8. Production or harvesting of maple syrup. |
| Farm Employment Does Not Include: | | |
| 1. Handling or processing commodities after delivery to terminal market for commercial canning or freezing.
| Taxable under general employment rules. Farm rules do not
apply. | Taxable under general FUTA rules. Farm rules do not apply. |
| 2. Operating or maintenance of ditches, canals, reservoirs or waterways not meeting tests in (5) above.
|
| 3. Processing, packaging, delivering, etc., any commodity in its unmanufactured state if group of farm operators do not meet the tests in (6) above.
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| 4. Household employment. | | |
| Special Employment Situations: | | |
| 1. Services not in the course of employer's trade or business on farm operated for profit (cash payments
only). | Taxable if $150 test or $2,500 test is met (see
section 4), unless performed by parent employed by child.
| Taxable only if $50 or more is paid in a quarter and employee works on 24 or more different days in current or prior
quarter. |
| 2. Workers admitted under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act on a temporary basis to perform agricultural labor ("H-2A" workers).
| Exempt. | Exempt. |
| 3. Family employment. | Exempt for employer's child under age 18, but counted for $150 test or $2,500 test. Taxable for spouse of
employer. | Exempt if services performed by employer's parent or spouse or by employer's child under age
21. |
| *Hatching poultry off the farm is not considered farmwork for income tax withholding, social security, and Medicare. It is considered farmwork for federal unemployment tax.
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