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
The U.S. Department of the Treasury's Office of Inspector General (OIG) released a memorandum on July 2, 2020, that lays out the reporting and document retention requirements that the OIG intends to apply to recipients of...more
The Treasury Tribal Advisory Committee (TTAC) on March 31, 2020, convened a teleconference instead of meeting in Washington, D.C., to accommodate for the increasing number of stay-in-place and other orders restricting...more
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
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
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
7/1/2019
/ Corporate Governance ,
Employee Retirement Income Security Act (ERISA) ,
IRS ,
Native American Issues ,
Opportunity Zones ,
Public Comment ,
State and Local Government ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Extenders ,
Tribal Corporations ,
Tribal Governments ,
U.S. Treasury
• 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
2/5/2019
/ Affordable Care Act ,
Deferred Compensation ,
Estate Planning ,
General Welfare Exclusion ,
Health Insurance ,
Income Taxes ,
Indian Gaming ,
Indian Tribal Trusts ,
Internal Revenue Code (IRC) ,
IRS ,
Minors ,
Native American Issues ,
Non-Taxable Income ,
Opportunity Zones ,
Savings Plans ,
Social Security ,
Tax Audits ,
Tax Benefits ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Planning ,
Tax Reform ,
Taxable Distributions ,
Tribal Governments
• 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
• 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
2/26/2018
/ Affordable Care Act ,
General Welfare Exclusion ,
Grantor Trusts ,
Health Insurance ,
Homeowners ,
Income Taxes ,
Indian Gaming ,
Indian Health Service (IHS) ,
Indian Tribal Trusts ,
Internal Revenue Code (IRC) ,
IRS ,
Minors ,
Native American Issues ,
Property Tax ,
Restructuring ,
Safe Harbors ,
SALT ,
State Taxes ,
Tax Audits ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Incentives ,
Tax Rates ,
Tax Reform ,
Taxable Distributions ,
Tribal Governments ,
Tribal Lands ,
Trump Administration
The U.S. Senate passed its version of a bill to overhaul the U.S. tax code on Dec. 2, 2017, and is now working with the House of Representatives to reconcile its bill with the House's version, passed in November. The goal of...more
In the past month, members of Congress have introduced two important bills that promote parity for tribal governments and their tribal council members.
The Tribal Social Security Fairness Act would allow tribal...more
7/7/2017
/ Employee Benefits ,
Excise Tax ,
FICA Taxes ,
Internal Revenue Code (IRC) ,
Opt-In ,
Pensions ,
Social Security ,
Tax Credits ,
Tax Exemptions ,
Tax-Exempt Bonds ,
Tribal Governments
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
2/1/2017
/ Affordable Care Act ,
Charitable Donations ,
Gaming Revenues ,
General Welfare Exclusion ,
Health Insurance ,
Healthcare ,
Indian Gaming ,
Internal Revenue Code (IRC) ,
IRS ,
Low-Income Issues ,
Native American Issues ,
Premium Subsidies ,
Tax Code ,
Tax Rates ,
Tribal Governments ,
Trump Administration
The U.S. government finalized on Sept. 30, 2016, regulations amending the Federal Acquisition Regulation (FAR) that will affect an estimated 350,000 federal contractors. These new regulations were promulgated as a result of...more
10/17/2016
/ Corporate Counsel ,
Criminal Convictions ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Limited Liability Company (LLC) ,
NASA ,
Partnerships ,
Pass-Through Entities ,
S-Corporation ,
Tax Assessment ,
Tax Liability
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
Although 501(c)(4) organizations have been in the news recently for potentially engaging in too much political activity, it is worth noting that a relatively obscure Senate amendment from 1995 prohibits lobbying by certain...more
With the top tax bracket at nearly 40 percent, Indian tribes making substantial per capita distributions are asking what they can do to reduce their members’ tax liabilities. One option to consider is a deferred per capita...more
9/14/2015
/ 401k ,
Deferred Compensation ,
Income Taxes ,
Indian Gaming ,
IRS ,
Savings Accounts ,
Tax Liability ,
Tax Planning ,
Tax Rates ,
Tax-Deferred Exchanges ,
Tribal Governments
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
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
After receiving more than 120 written comments on how the IRS should apply the general welfare exclusion to Indian tribal government programs, the IRS has issued final guidance detailing how tribal programs may take advantage...more
Notice 2014-17 Is a Positive Development Because It Should Ultimately Result in Consistent IRS Treatment of Tribal Trust Resources, But Several Issues Remain Unresolved.
The Notice provides that the IRS and Treasury...more
On January 14, House Ways and Means Committee Chairman Rep. Dave Camp (R-Mich.) introduced legislation that would prohibit, for a period of one year, Internal Revenue Service guidance related to social welfare organizations...more
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
Recent legislative discussions concerning tax reform have included the potential elimination of several federal provisions long considered sacred to state and local governments and untouchable by federal policymakers. Those...more
On December 5, 2012, the Internal Revenue Service proposed a revenue procedure that would address the general welfare exclusion from gross income as it applies to tribal government programs. It would also offer a safe harbor...more
On September 6, 2012, the Internal Revenue Service (IRS) issued Notice 2012-60, which addresses the federal income tax treatment of per capita payments made from the proceeds of settlements of certain Indian tribal trust...more