The purpose of this code is to ensure tribal agencies meet federal guidelines for tax-exemption, in order to help tribal benefit recipients minimize their tax burden and avoid potential taxation pitfalls.
Federal law and regulations permit Tribal Members, and certain nonmembers, to exclude certain tribally-distributed benefits from their federal income tax calculation. Normally, an individual has to include anything of value that they receive as part of their gross income when filing their taxes. However, these exemptions allow eligible individuals to exclude certain tribal benefits from their gross income calculation. Thus, if an individual receives qualified funds or other resources from a Tribal Program, the individual does not have to pay income tax on that benefit.
There is a federal statute as well as federal regulations which cover this subject matter, and the multiple sets of regulations have great deal of overlap but also important differences. If a Tribal Program cannot qualify its benefits under one set of guidelines, it should look to the others to see if the benefits could qualify.
This code is focused on four different, but related, tax exemptions:
(a)
United States Code 139E. A federal law that creates a tax exemption for benefits that meet certain criteria, as long as the benefit is for the general welfare or is a specific type of listed benefit. This exemption only applies to Tribal members or their spouses or dependents.
(b)
Internal Revenue Service Safe Harbor Program. A regulatory scheme that creates a tax exemption for benefits that meet certain criteria, as long as the program is one of the listed types of “safe harbor” programs. This exemption can apply to Tribal Members or Qualified Nonmembers (defined below).
(c)
General Internal Revenue Service General Welfare Exclusion. A regulatory scheme that creates a tax exemption for benefits that are means tested and do not represent compensation for services. This can apply to any person.
(d)
Ceremonial Activities. There two types of exemptions for ceremonial objects or reimbursement or honoraria connected to cultural or ceremonial activities, depending on the person receiving the benefit.
(Res. 21-A 022, 3/8/2021)