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  Avoiding Unwarranted Tribal Taxation!  

   
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

  • Exercising Tax Authority

    • Delegation of Authority

    • Due Process

    • Indian Civil Rights Act

    • Ordinances

    • Tribal Constitution

  • Enacting a Tribal Tax Code

    • Credits

    • Exemptions

    • Liens and Penalties

    • Obligations

    • Procedure for Payment

    • Rates

    • Reductions

    • Remedies

    • Sever ability

    • Statute of Limitations

    • Tax Records

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

  • Indian Tax Status Act

  • Various Current Tax Issues

    • Cigarettes

    • Fishing

    • Gasoline

    • Hunting

    • Natural Resources

    • Rights of Way

  • Relevant Case Law




 

Facilitators

   
  To Be Announced
To Be Announced








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Session Dates
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Avoiding Unwarranted Tribal Taxation
September 9-10, 2008

Las Vegas, NV
Call DCI for Hotel Information
Registration: $569.00
Room Rate: $0.00
Click Here for a Downloadable Registration Form

internal Controls and Title 31 - The Bank Secrecy Act
September 16-17, 2008

Las Vegas, NV
Call DCI for Hotel Information
Registration: $569.00
Room Rate: $0.00
Click Here for a Downloadable Registration Form


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