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302 Tax Research

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Q: Will the tribe be subject to the federal income tax on the rental payments the client makes to the tribe? (If the rental payments are not taxable to the tribe, the client can try to negotiate a lower rent.)
A: In general, tribes are not subject to any federal income tax.
Q: The tribe does not currently impose any taxes on businesses. Can the tribe, should it decide to do so in the future, impose an income tax on the client’s reservation hotel?
A: Yes. The tribal government has the authority to collect tax revenue and often do so by imposing taxes on nonmembers doing business on the reservation. Like any other government they can freely change the tax laws at their discretion.
Q: If the tribe can, and does, impose an income tax on the client, can the client deduct the tribal tax paid on its federal income tax return (i.e., in the same way it deducts state income taxes on its federal income tax return)?
A:
Q: Will the income your client generates from the reservation hotel be subject to the federal income tax?
A: Yes, income generated by nonmembers will be taxed on income as if they were doing business anywhere else in the United States.
Q: Can the state (in which the reservation is located) tax the income generated by your client’s reservation hotel?
A: Yes, nonmembers will be taxed by the state, even if they do not bear the burden of the tax.
Q: The client intends to employ members of the tribe, who live on the reservation, at the reservation hotel. (Note: you need not discuss the Indian employment tax credit for this question.) 1. Will such employees be subject to state income tax on their wages? 2. Will such employees be subject to federal income tax on their wages?
A: 1. No, members of the tribe are not subject to state taxation. 2. Yes, there are however quite a list of exemptions
Q: The client has heard that there is a special

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