|The Treasury Tribal Advisory Committee (TTAC) held its twelfth meeting on September 7, 2023 at the U.S. Department of the Treasury in Washington D.C. Key federal partners from various offices within Treasury and the Internal Revenue Service were represented at the meeting.|
|Background for the TTAC|
The Tribal General Welfare Exclusion Act of 2014 (P.L. 113-168) was signed into law by the President in September 2014 and required the establishment of a seven-member TTAC. The committee members have a broad mandate to “advise the Secretary on matters relating to the taxation of Indians.” Among the duties, the TTAC helps establish training and education programs for Internal Revenue Service field agents who work with tribal governments and tribal finance professionals. NAFOA serves as a supporting organization for the TTAC.
TTAC Meeting Summary
IRS Commissioner Danny Werfel delivered remarks and heard comments from TTAC members.
Treasurer Chief Marilynn “Lynn” Malerba delivered remarks.
New TTAC Member
Chairman Rodney Butler (Mashantucket Pequot Tribal Nation) replaces Jean Swift as the newest TTAC member.
Sequoyah Simermeyer, Chairman, National Indian Gaming Commission spoke and gave updates on compliance, discussed their role and regulations, and took comments from TTAC members.
Kathryn Isom-Clause, Deputy Assistant Secretary, Indian Affairs for Policy and Economic Development gave updates on the Tribal Electrification Program.
Jack Jackson, Tribal Liaison, Department of Labor attended and took comments from TTAC Member Vice President Will Micklin (Tlingit Haida Indian Tribes of Alaska) who stated that he looks forward to the pension subcommittee to continue collaborating with the DOL.
Edward Killen, Commissioner, Tax Exempt & Government Entities gave updates about continuing to work on efforts on collaboration, outreach, and education on sports wagering.
Jonathan Dixon, Advisor, Financial Crimes Enforcement Network gave notice that reporting obligations concerning the Corporate Transparency Act are coming and small businesses need to be ready. His office is responsible for carrying out this act.
Treasury and IRS Updates
Fatima Abbas, Director, Office of Tribal and Native Affairs, U.S. Department of the Treasury gave updates: Office of Tribal and Native Affairs is looking to bring temporary employees to permanent status. Doing their work to find money in these government programs and send them out to Indian Country They are focusing heavily on the Inflation Reduction Act and integrating that tribal feedback as much as possible. Discussed their weekly tribal broadcast and encourage people to join to receive updates.
Rachel Levy, Assosiate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes), spoke and gave an update on a proposal of regulations on section 414(d). They also met with the Tribal Pensions subcommittee to get feedback on 414(d).
Holly Porter, Associate Chief Counsel (Passthroughs and Special Industries (PSI)), discussed the comments that were submitted concerning tribally chartered entities
Scott Vance, Associate Chief Counsel (Income Tax Accounting (ITA)) gave updates and discussed General Welfare Exclusion
There was a motion to extend the subcommittees on General Welfare Exclusion, Dual Taxation, and Tribal Pensions. This vote passed unanimously.
Chairman Allen nominated Dale White and Telly Meier to Dual Taxation and Tribal Pensions subcommittees. This vote passed unanimously.
Chairman Allen motioned to expand the scope and name of the Dual Taxation Subcommittee to the “Subcommittee on Tribal Economies” to enable them to focus on access to capital issues that are impacted by tax policy and include questions related to tribal bond authority and timely economic issues as they arise. The motion was passed unanimously.
Vice Chair Edenfield motioned and Vice President Will Micklin seconded for Chairman Allen and Chairman Butler to be Co-Chairs of the Subcommittee. The motion was passed unanimously.
Chairman Allen nominated Ken Parsons and Wendy Pearson to the committee. Chairman Butler seconded. The motion was passed unanimously.
Vice-Chair Edenfield provided updates on the GWE Subcommittee and how they had work meetings with IRS and Treasury, continued engagement with social security, and interest in ensuring that NIGC issues are taken into consideration so that Tribes can provide General Welfare from gaming revenue without being subject to taxation as per-capita.
Vice President Will Micklin extended motion for the full Treasury Tribal Advisory Committee: to expand the scope and name of the Pensions Subcommittee to the “Subcommittee on Parity and Reform” to broaden the scope to include any reform necessary whether it be legislative, policy, or regulations necessary to address tribal parity issues. Vice Chair Edenfield seconded the motion. The motion was voted on and passed unanimously.
The TTAC is planing on meeting again in the winter. Registration and other announcements will be sent out as it is available.
NAFOA continues to collaborate with the TTAC and coordinate efforts with other national and regional inter-tribal organizations to advance our shared objective of optimizing tax policy and programs for Indian Country. To provide comments directly to the TTAC, you can contact TTAC@treasury.gov.
A copy of the meeting minutes from this TTAC meeting will be made available to the public through the Department of the Treasury’s TTAC page. The website also contains meeting minutes and public comments from previous meetings.