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The (Uncertain) Application of the Corporate Transparency Act to Tribal Entities

The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury (Treasury Department) charged with administering the Corporate Transparency Act (the CTA), on Aug. 1, 2024, held a Tribal...more

Tribal Provisions in the Inflation Reduction Act Address Energy, Climate Change

In support of transitioning to clean energy and combating climate change, Congress enacted the Inflation Reduction Act (IRA) (Pub. L. 117-169) to extend, modify and enhance many existing tax incentives, create new tax...more

The New Markets Tax Credit Program: An Underutilized Opportunity for Indian Country

In existence since 2000, the federal New Markets Tax Credit (NMTC) incentive has provided gap financing and infusions of cash in economically distressed communities for more than two decades. However, the amount of NMTC funds...more

Leveraging the Infrastructure Investment and Jobs Act to Develop Broadband in Indian Country

The Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58) allocates significant resources to increase access to affordable internet and build out critical broadband infrastructure on Indian Reservations. Tribes...more

Treasury Department Sets State Small Business Credit Initiative Session, Tribal Consultation

The U.S. Department of the Treasury on April 26, 2021, announced that it will hold an information session on the State Small Business Credit Initiative (SSBCI) on May 13, 2021, from 2 to 3 p.m. ET and a tribal consultation on...more

House Ways and Means Holds Long-Overdue Hearing on Tribal Tax Issues

The House Ways and Means Subcommittee on Select Revenue Measures, under the leadership of Chairman Mike Thompson (D-Calif.), held a hearing, "Examining the Impact of the Tax Code on Native American Tribes." It was the...more

Treasury Department to Host Treasury Tribal Advisory Committee Meeting on Dec. 3, 2019

The Treasury Tribal Advisory Committee (TTAC) on Dec. 3, 2019, will hold its third periodic meeting at the U.S. Department of the Treasury in Washington, D.C. During this meeting, members will: Directly following the TTAC...more

Summary of the Inaugural Tribal Treasury Advisory Committee Meeting

The Tribal Treasury Advisory Committee (TTAC) held its inaugural meeting on June 20, 2019, at the U.S. Department of the Treasury. The TTAC was established by the Tribal General Welfare Exclusion (GWE) Act of 2014 (Pub. L....more

Seven Tips for Tribal Governments to Reduce Tribal Member Taxes in 2019

• With Democrats taking control of the U.S. House of Representatives, tax provisions affecting tribal governments and their members are once again on the table for discussion. • This notice provides an overview of seven...more

Tax Parity, Kiddie Tax Exemption Still Needed for Indian Country

• Indian Country was disappointed in the Tax Cuts and Jobs Act of 2017's lack of inclusion of provisions that would put tribes on an equal footing with sovereign nations. • In addition, modifications of the "Kiddie Tax"...more

Six Tips for Tribal Governments to Reduce Tribal Member Taxes in 2018

• President Donald Trump on Dec. 22, 2017, signed the Tax Cuts and Jobs Act, the first major overhaul of the U.S. tax system in over 30 years. • Although few of the enacted provisions are specific to Indian Country, several...more

Six Tips for Tribal Governments to Reduce Tribal Member Taxes in 2017

As the Republican-led Congress and White House move forward on the repeal of the Affordable Care Act (ACA) and major tax-reform legislation, there are several new opportunities that may benefit tribal governments and their...more

State, Local Taxes on Tribal Leases Vulnerable After California Court Order

Indian country may be close to another victory against state and local taxes. On Feb. 8, 2016, a California district court issued an order that signals it is likely to invalidate Riverside County's imposition of a possessory...more

IRS Issues Guidance on Tribal General Welfare Exclusion and Safe Harbors - Notice 2015-34 Provides Instruction on the Tribal...

On April 16, 2015, the Internal Revenue Service ("IRS") released Notice 2015-34, its first guidance on general welfare since President Obama signed the Tribal General Welfare Exclusion Act (the "Act") into law in September...more

Tribal General Welfare Exclusion Act: New Law Supersedes IRS Guidance - H.R. 3043 Allows Tribes More Latitude in Social Programs

On Sept. 26, 2014, President Obama signed into law a measure that excludes from taxable income various general welfare payments to members of Indian tribes. One of the last pieces of legislation agreed upon by the...more

Top 10 Indian Tribal Tax Developments in 2013 and Priorities for 2014

In 2013, courts were active in issues relating to Indian tribes, including ruling on state tax matters and the federal income tax aspects of Section 17 corporations. The top 10 Indian tribal tax developments from 2013...more

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