1. MUST READ:
TRIBAL GWE PROPOSED REGULATIONS ARE AN OVERDUE WIN FOR INDIAN COUNTRY
Highlights:
- The U.S. Department of the Treasury and IRS on Sept. 17, 2024, released long-awaited proposed regulations on the Tribal General Welfare Exclusion Act of 2014 (Proposed Regulations).
- The Proposed Regulations reflect many priorities of Indian Country, including substantial deference to Tribes as they create and implement general welfare exclusion (GWE) programs. However, work remains to improve clarity of the guidance and address unresolved issues.
- Tribal governments should review their existing GWE programs and Revenue Allocation Plans to determine whether modifications are advisable. Written comments on the Proposed Regulations also are encouraged to help ensure remaining Tribal priorities are addressed before the guidance is finalized.
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, demonstrating the value of meaningful Tribal consultation and the importance of the work of the Treasury Tribal Advisory Committee (TTAC), for which general welfare exclusion (GWE) guidance was a key issue. The Proposed Regulations are one of several Tribal tax guidance projects prioritized during the impactful tenure of the first Native American Treasurer of the United States, Chief Lynn Malerba, and the first director of the Treasury Department’s recently established Office of Tribal and Native Affairs, Fatima Abbas.
Source: Holland & Knight
2. FOR TRIBAL LEADERS:
CONSULTATION: NOTICE OF PROPOSED RULEMAKING FOR FEDERAL TAX STATUS OF ENTITIES WHOLLY OWNED BY INDIAN TRIBAL GOVERNMENTS
December 16, 17, and 18, 2024, 1:00 – 4:00 p.m. ET
The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) have issued a Notice of Proposed Rulemaking (NPRM) regarding the tax status of wholly owned Tribal entities.
This proposed rule describes that Tribal entities chartered or organized by one or more Tribes have the tax status of their owning Tribes. This means that these Tribal entities will not be subject to income tax. Further, the rule describes that these Tribal entities will be eligible for certain Inflation Reeducation Act tax credits through a payment mechanism known as elective pay.
Treasury is accepting written comments received by January 17, 2024, 11:59 p.m. Alaska Time. Please submit written comments at tribal.consult@treasury.gov.
Source: U.S. Department of the Treasury
3. FROM THE NAFOA NAVIGATOR:
EVALUATING INSURANCE POLICIES AND PROVIDERS
By: AMERIND
Selecting the best insurance coverage requires due diligence – particularly for tribal governments and businesses. Tribes and tribal entities have unique advantages and challenges, requiring careful evaluation of many factors when selecting an insurance carrier.
BLANKET LIMITS
Blanket limits – do they really provide the security they imply? When reading the fine print, you may find the policy includes terms that limit your individual coverage. For example, a policy guaranteeing a tribe $1 billion in coverage may be a pooled amount shared by all of the tribes in the pool. Based on the number of claims the insurer receives in a fiscal quarter, the amount available to pay on your claim may vary dramatically.
EXCLUSIONS
Does the policy truly cover everything you want and need? On the surface, it may seem like a great program, but look closely at the list of exclusions. Take flood insurance, for example. A tribe may have a $10 million certificate for flood coverage, but the policy may state that coverage does not apply to tribal lands in high-risk A & V flood zones – leaving you unprotected.
4. PROFESSIONAL DEVELOPMENT:
ONLINE INTRODUCTORY TRIBAL FINANCE & ACCOUNTING CERTIFICATE PROGRAM
Program Dates: January 13-March 7, 2025
The Introductory Tribal Finance & Accounting Certificate Program is offered in partnership by NAFOA and the Center for the Future of Work at Oklahoma State University.
This eight-week cohort program provides the opportunity to connect with other tribal peers while gaining knowledge and experience to help become a more effective tribal finance/accounting professional and leader. Because all sessions are available virtually, you’ll be able to learn on your own time and set hours convenient to your schedule. In addition, you’ll have the opportunity to interact with and learn from other tribal finance/accounting professionals throughout the state and across the country. The Zoom chat room with instructors is available for discussion and questions about course material at the end of each week.
5. JOBS:
COMMUNICATIONS COORDINATOR, NAFOA
We’re seeking a part-time Communications Coordinator to join our remote team. This role is crucial in managing our day-to-day communication projects and executing marketing campaigns for our conferences, events, and programs.
Key Responsibilities
- Support webinars and conferences
- Manage email campaigns, newsletters, and press releases
- Create and schedule engaging social media content
- Maintain and update NAFOA’s website
- Provide analytics and reporting on communication efforts
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