The U.S. Department of the Treasury and IRS on Sept. 17, 2024, issued Proposed Regulations on the Tribal General Welfare Exclusion Act of 2014 (the Act). The Proposed Regulations are an overdue win for Indian country,...more
9/19/2024
/ Advisory Committee ,
Audits ,
General Welfare Exclusion ,
Income Taxes ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Information Reports ,
Internal Revenue Code (IRC) ,
IRS ,
Native American Issues ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Safe Harbors ,
Tribal Governments ,
U.S. Treasury
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
8/9/2024
/ Beneficial Owner ,
Business Formation ,
Compliance ,
Corporate Governance ,
Corporate Transparency Act ,
Department of the Interior ,
Exemptions ,
FinCEN ,
Native American Issues ,
New Guidance ,
Reporting Requirements ,
Subsidiaries ,
Tribal Corporations ,
Tribal Governments
The U.S. Department of the Treasury and IRS on March 5, 2024, released final regulations regarding the direct payment of tax credits under Section 6417 of the Internal Revenue Code (Elective Payment of Applicable Credits)....more
The U.S. Department of the Treasury and IRS on June 14, 2023, released two notices of proposed rulemaking (NOPRs) regarding the direct payment of tax credits under Section 6417 of the Internal Revenue Code (Elective Payment...more
6/15/2023
/ Carbon Capture and Sequestration ,
Clean Energy ,
Energy Projects ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Federal Funding ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
NPRM ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
Transfer of Interest ,
Tribal Governments ,
U.S. Treasury
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
12/14/2022
/ Block Grants ,
Climate Change ,
Coastal Real Estate ,
Energy Efficiency ,
Energy Policy ,
Energy Projects ,
Energy Tax Incentives ,
Environmental Justice ,
Farm Bill ,
Federal Grants ,
Forestry ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Native American Issues ,
Renewable Energy ,
Tax Credits ,
Tax Incentives ,
Tribal Governments ,
Tribal Lands
There is an important tribal reporting deadline at the end of this week: Every tribal government that received a share of the $20 billion Fiscal Recovery Fund (FRF) from the 2021 American Rescue Plan Act must file a report by...more
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
The $1.9 trillion American Rescue Plan Act allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. The law required $1 billion to be allocated equally among the federally recognized tribes, and the remaining $19...more
5/21/2021
/ American Rescue Plan Act of 2021 ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Workers ,
Filing Deadlines ,
Interim Final Rules (IFR) ,
Relief Measures ,
Reporting Requirements ,
Tribal Government Programs ,
Tribal Governments ,
U.S. Treasury
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
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
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 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
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