On Tuesday, July 23, at 2:00 p.m. Eastern Time, NAFOA is hosting the first of a series of three webinars covering the Tribal Tax Parity legislation, H.R. 8318, introduced in May by Representative Gwen Moore (D-WI) and Representative David Schweikert (R-AZ). NAFOA will host tribal leaders and industry experts to discuss the challenges tribes face when accessing tax-exempt financing, the barriers to tribal economic development, and the impact these changes will make. Additionally, speakers will highlight projects from various tribes to illustrate how this legislation will impact tribal communities nationwide.

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.

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