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Avoiding Unwarranted Tribal Taxation September 9-10, 2008
One of the fundamental powers for any sovereign government to survive and flourish, is the power to assess and levy taxes. Felix Cohen, perhaps the most
renowned authority on Indian legal issues, stated that "[taxation] is an inherent attribute of tribal sovereignty… [and is] a proposition which has never been
successfully disputed."
Although several tribal governments have exercised the right to tax, many are still reluctant to enact and implement this power. Yet, to sustain its
sovereignty and maintain its fiscal well being, a tribal government must be able to resort, at will, to its power to levy taxes and stave off such challenges
to this right as the resolution proposed by the National Council of State Legislatures in restricting Indian taxation authority. The major objective of any
form of taxation should be to raise sufficient revenue to finance needed government services. Tribal governments can exercise this power by enacting
comprehensive, fair and progressive tax ordinances.
This two-day seminar will address such key information as the taxing authority of tribes, tribal taxation ordinance development, the rights of taxpayers,
exemptions and waivers, possible conflicts, and tax collection methodologies.
Topics to Include: See Individual Downloadable Agendas and Registration Forms to the Right
Day 1: 9:00am to 4:30pm
General Session
- Authority to impose taxes
- Authority over land, persons, transactions and activities
- Enacting a Tribal Tax Code
Day 2: 9:00am to 4:30pm
General Session
- Establishing a tax administration entity
- Administering the tax-educating and assisting the taxpayer
- State and Federal taxation of Indians
- The interstate and Indian Commerce Clauses
- Various Current Tax Issues
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To Be Announced

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