ITG FAQ #16 Answer-What types of tax might a tribal government address?
There are examples of tribes taxing railroad rights of way, operations of a railroad on tribal land, utility rights-of-way on tribal land, and others discussed in the court cases.
The Navajo Tax Code and regulations address the following types of tax:
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Possessory Interest Tax
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Business Activity Tax
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Severance Tax
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Tobacco Products Tax
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Hotel Occupancy Tax
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Fuel Excise Tax
The following are additional background information and Court cases:
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Montana v. United States, 450 U.S. 544 (1981)
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Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982)
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Kerr-McGee Corp. v. Navajo Tribe, 471 U.S. 195 (1985)
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Strate v. A-1 Contractors, 520 U.S. 438 (1997)
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Burlington Northern R.R. Co. v. Blackfeet Tribe, 924 F.2d 899 (9th Cir. 1991), cert. denied, 505 U.S. 1212 (1992)
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Atkinson Trading Co. v. Shirley, 210 F. 3d 1247 (10th Cir. 2000)
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Big Horn County Elec. Co-op, Inc., v. Adam, 219 F. 3d 944 (9th Cir. 2000).
Page Last Reviewed or Updated: 2012-08-03
