Policy Alert

Policy Alert: Tribal Tax Legislation Webinar Series Starting July 23rd

Between July and August, NAFOA will host a series of three webinars covering the new Tribal Tax Parity legislation, H.R. 8318, introduced in May by Representative Gwen Moore (D-WI) in partnership with Representative David Schweikert (R-AZ). This legislation is a critical step forward for tribal economies and business development and requires the support of Indian Country to ensure it meets the needs of tribes and is successfully enacted. NAFOA’s webinar series will provide an analysis of this newly rewritten legislation and is scheduled for:

  • Tuesday, July 23rd from 2:00 – 3:15 p.m. Eastern Time
  • Tuesday,  August 6th from 2:00 – 3:15 p.m. Eastern Time
  • Tuesday, August 20th from 2:00 – 3:15 p.m. Eastern Time
Register for the webinar series

This form will register you for the entire webinar series. If you cannot attend any of the live webinars, we encourage you to still register to receive the recording and presentation afterward. Webinar materials will typically be sent to registrants within 2-3 business days after the live session.

From Representative Moore:

“With this comprehensive legislation, we are working to improve how our laws treat tribal governments so they can better serve their tribal members. My bill would ensure that tribes have access to the same incentives in our tax code on the same basis as state and local governments in order to bolster their ability to create economic opportunity and help meet pressing needs, including expanding access to jobs, capital, and supporting more affordable housing. For too long, the federal government has put extra steps or additional burdens on tribal nations trying to exercise the same authorities that state and local governments.”

NAFOA will host tribal leaders and industry experts to discuss the challenges tribes face when accessing tax-exempt financing, the undue barriers to tribal economic development, the changes this legislation makes, and its impact. Additionally, speakers will highlight projects from various tribes and illustrate how this legislation will impact tribal communities nationwide. Each webinar will cover a different selection of the Tribal Tax Parity sections, broken down as follows:

  • July 23rd – Sections 3, 4, and 5
  • August 6th – Sections 6, 7, 8, and 9
  • August 20th – Sections 10, 11, 12, 13, and an extended Q&A for the entire legislation

July 23rd Webinar Topics and Speakers

Section 3: Parity Treatment of Tribes as States for Bond Issuances and Excise Taxes
This section removes the “essential government function” (EGF) test, which currently limits Tribal Nations’ ability to issue governmental bonds. It also establishes private activity bond volume cap rules, enabling Tribal Nations to issue bonds for economic development similar to state and local governments. Additionally, it grants Tribal Nations parity with state and local governments concerning certain excise taxes, such as those on manufacturing and communication.

        Speakers:

  • W. Ron Allen – Chairman and CEO, Jamestown S’Klallam Tribe, and Chair, Treasury Tribal Advisory Committee
  • Randy DelFranco – Partner, Holland & Knight LLP
  • John Morseau – Senior Policy Analyst, Center for Indian Country Development
  • Geoff Urbina – Managing Director, Key Banc

Section 4: Treatment of pension and employee benefit plans maintained by Tribal Government
This section amends the Internal Revenue Code to treat tribal government pension and employee benefit plans like state government plans. It removes the “essential government function” requirement and “commercial” activity test that applies to tribal plans, adding uniform federal protections and fiduciary standards that protect beneficiaries. This section also (1) ensures that tribal public safety employees are entitled to the same retirement age distribution rules that apply to state and local public safety employees, (2) grandfathers certain “457” plans that were improperly sold to tribal governments, and (3) exempts Tribal 401(k) plans from the new long-term, part-time employee eligibility rules, consistent with the long-standing exemptions available to state, local and other governmental retirement plans.

        Speakers:

  • Telly Meier – Partner, Hobbs Straus
  • Robert Yoder – Attorney, Yoder & Langford, P. C.

Section 5: Treatment of Tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors
This section addresses an unintended disparity under the public charity classification rules that makes it difficult for tribal nations to form and fund Section 501(c)(3) nonprofit organizations outside of private foundations by (1) treating tribal funding as public support for purposes of Section 170(b), and (2) treating charitable organizations formed to support Indian tribal governments the same as organizations formed to support state, local and federal government for purposes of Section 509(a)(3).

        Speakers:

  • Telly Meier – Partner, Hobbs Straus

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