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Recent Developments Archive

Date Topic Recent Development Archive
7/8/2011 ITG News Page

ITG News Has a New Look! ITG News has a new page where you can browse the latest newsletter, look through the news archives, or self subscribe to automatically receive a newsletter notification each quarter.

2/5/11 Section 139D FAQs Frequently Asked Questions (FAQs) about new Section 139D. The Patient Protection and Affordable Care Act added Section 139D to the Internal Revenue Code. Section 139D provides, in general, that gross income does not include the value of any qualified Indian health care benefit.
1/13/11 Tax Act 2010 The Tax Act of 2010 contains many provisions that benefit Indian Tribal Governments and Tribal members, including the extension of Indian Employment Tax credit.
1/3/11 Paper Payment Coupons Discontinued; Use EFTPS The paper coupon payment system will no longer be maintained by the Treasury Department after 12/31/2010. The proposed regulations generally maintain existing rules for depositing federal taxes through the Electronic Federal Tax Payment System (EFTPS).  Enroll now to begin using EFTPS.
11/4/10 Phishing Scam with EFTPS Current Phishing Scam Posing as IRS; Targets EFTPS. There is a new fraud risk targeting Electronic Federal Tax Payment System (EFTPS) users.
10/18/10 Filing Relief for Small Charities IRS Offers One-Time Special Filing Relief Program for Small Charities; Oct. 15 Due Date to Preserve Tax-Exempt Status
9/13/10 Treasury seekd comments on Tribal Economic Development Bonds The Department of the Treasury seeks comments from Indian Tribal Governments regarding the Tribal Economic Development Bond provision of the Internal Revenue Code. The purpose of this solicitation of comments is to assist Treasury in developing recommendations regarding this bond provision for a Congressionally-directed study under the American Recovery and Reinvestment Act of 2009.
7/14/10 CDFI Fund The Community Development Financial Institutions Fund (CDFI Fund) has launched its new "Economic Development Strategies in Indian Country" workshop series. The workshops are being conducted to promote economic development in Native communities across the country.
6/16/10 LITC grants The Internal Revenue Service today announced the opening of the 2011 Low Income Taxpayer Clinic (LITC) grant application process. Applications must be submitted no later than July 16, 2010. “The Low Income Taxpayer Clinics are vital to taxpayers who need help with tax problems but lack resources,” IRS Commissioner Doug Shulman said.
6/8/10 HIRE Act The Hiring Incentives to Restore Employment (HIRE) Act payroll tax exemption is available to Indian Tribal Governments. For purposes of this exemption, Indian Tribal Governments are qualified employers and can begin claiming the exemption during the second quarter of 2010
05/19/10 Treasury Tribal Website The Treasury Department now has a web page for Tribal Consultation and Coordination. Check this page frequently to stay informed of their progress, and explore opportunities to share your concerns with the Department.
01/15/10 Tribal Economic Development Bonds The U.S. Department of the Treasury and the Internal Revenue Service announced the allocation of a second round of authority to Indian tribal governments to issue Tribal Economic Development Bonds under the American Recovery and Reinvestment Act of 2009 (ARRA).
02/16/09 COBRA Plans Indian Tribal governments can now receive credit for COBRA medical plan premiums they pay for former employees who were not covered under a governmental plan.
November 8, 2008 Guidance Plan Treasury and IRS issue 2009-2010 Priority Guidance Plan
October 8, 2008 Educational Products Newly revised Publication 3908 (rev 8-08), Gaming Tax Law for Indian Tribal Governments, is now available.
September 29, 2008 Published Guidance-Revenue Procedures

Revenue Procedures 2008-55. This Revenue Procedure supersedes Revenue Procedure 2002-64 for a current listing of federally recognized tribes.

August 28, 2008 Title 31

New Casino Reporting Form Issued Effective September 1, 2008, casinos and card clubs are required to file Currency Transaction Reports using a revised form.

June 3, 2008 Low Income Taxpayer Clinic Grants

IRS Accepting Applications for Low Income Taxpayer Clinic Grants. Tribes may wish to explore partnerships with entities qualifying for these grants, in order to provide services to members.

November 19, 2007 Title 31- Anti-Money Laundering

FinCEN developes answers to Frequently Asked Questions to assist in complying with the responsibilities under the Bank Secrecy Act (BSA).

October 12, 2007 Federal Jury Conviction Federal Jury Convicts Defendants for Stealing Over $2 Million From the Kickapoo Traditional Tribe of Texas - A federal jury convicted Kickapoo Traditional Tribe of Texas gaming representatives for scheming to steal over $2 million from the casino as well as the tribe itself.
September 27, 2007 Employment Taxes

Taxpayers can now request an Employer Identification Number (EIN) through a Web-based system that instantly processes requests and generates identification numbers in real time, the Internal Revenue Service announced today.

September 17, 2007 Educational Products The office of Indian Tribal Governments is pleased to offer Tax Tools for Tribes, a CD-Rom with various tools and publications useful for addressing federal tax issues.
September 4, 2007 Published Guidance- Revenue Procedures The IRS has issued Revenue Procedure 2007-57 which prescribes reporting and withholding rules relating to poker tournaments.
August 10, 2007 Published Guidance- Notices Notice 2007-67 extends the transition relief provided under Notice 2006-89 to plans of Indian tribal governments and certain related entities from September 30, 2007 to the date that is six months after the publication of additional guidance is issued.
July 6, 2007

Non-Title 31 - Other Casino Issues

Gaming Withholding & Reporting Threshold Chart
Chart provides information regarding withholding and reporting thresholds on gaming. This updated chart will appear in the Publication 3908 when revised.

June 26, 2007 Tax Information for Charities and Other Non-Profits - ITG New Annual Electronic Filing Requirement for Small Tax-Exempt Organizations.
Beginning in 2008, small tax-exempt organizations that previously were not required to file returns risk losing their tax-exempt status if they do not file an annual electronic notice (e-Postcard Form 990-N). This will include small tax-exempt organizations operated by, or on behalf of Indian tribal governments.
June 25, 2007 Title 31-
Anti-Money Laundering

FinCEN announced a final rule today that exempts casinos from the requirement to file CTRCs on jackpots from slot machines and video lottery terminals. The final rule also exempts reportable transactions in currency, under certain conditions, involving certain money plays and bills inserted into electronic gaming devices.

June 14, 2007 Published Guidance- Revenue Procedures
The Internal Revenue Service has issued Revenue Procedure 2007-32 which updates the Gaming Industry Tip Compliance Agreement (GITCA) process.
May 10, 2007 ITG Newsletters Alert-Per Capita Gaming Distributions are Taxable.
April 26, 2007 Title 31 Anti-Money Laundering FinCEN issued a Notice regarding the delay in using the revised Suspicious Activity Report (SAR) forms.
April 10, 2007

IRM 4.88.1.11.5
Interim Guidance on Fraud Procedures

Interim Guidance on Fraud Procedures - This guidance is now incorporated into the IRM.
March 2, 2007 Excise Taxes
The Internal Revenue Service has now clarified the procedure for requests for refund of telephone excise taxes by tribal government entities. The IRS stated in IR 2006-82 and Notice 2006-50 that it would stop collecting the excise tax on long-distance telephone service, and make refunds of tax paid available.
February 15, 2007 USET/ITG Renew Commitment USET and ITG renew commitment to work together on tax matters and other issues of mutual interest and concern to the Federal Government and Indian Country.
February 5, 2007 Customer Satisfaction Survey ITG has released a report on the results of its 2006 survey of customer satisfaction.
January 29, 2007 ITG Newsletters SCAM ALERT-Beware of bogus issuance requesting Form W-8 BEN.
January 22, 2007 Targeted Tax Benefits

The Indian Employment Tax Credit has been extended another two (2) years and will now expire December 31, 2007.

Accelerated depreciation for business property on Indian reservations has been extended an additional two (2) years for qualified property placed in service before January 1, 2008. 

October 11, 2006 Educational Products
The office of Indian Tribal Governments has updated Publication 4268 – Employment Tax Desk Guide for Indian Tribal Governments. This new revision from October 2006 can only be accessed on-line through our web site at www.irs.gov/tribes, or a CD-Rom version can be ordered via e-mail request to tege.ask.itg@irs.gov.
October 2, 2006 Tax Status of Tribes Notice 2006-89 sets forth transition relief for plans of Indian Tribal governments providing that, pending further guidance, a reasonable and good faith standard applies to such plans to comply with section 906 of the Pension Protection Act of 2006, and that Indian tribal governments have until September 30, 2007 to implement a new plan for commercial employees. Questions regarding Notice 2006-89 should be directed to Ingrid Grinde at (202) 283-9888 (not a toll-free number).  Comments may be submitted electronically to notice.comments@irscounsel.treas.gov (Notice 2006-89).  
September 26, 2006 Educational Products

The office of Indian Tribal Governments has updated Publication 3908 – Gaming Tax Law and Bank Secrecy Act Issues for Indian Tribal Governments. The revised issuance contains updated information on withholding rules and tip compliance, and greatly expanded information on the Bank Secrecy Act regulations that impact tribal casinos. The new revision, dated August 2006, can be accessed on-line through our web site at www.irs.gov/tribes, or hard copies can be ordered from the IRS Distribution Center by calling 1-800-829-3676.

August 29, 2006 Abusive Tax Schemes The Department of Justice has issued a press release announcing the indictment of seven former tribal leaders on various criminal charges, including misuse of casino revenues and tax evasion.
August 22, 2006 Tax Exempt Bonds The Department of the Treasury has published Advanced Notice of Proposed Rule Making on "essential Governmental function" and Tribal tax-exempt bonds. Tribes have until November 7, 2006 to provide input and comments.
August 22, 2006 Tax Status of Tribes
The new Pension Bill includes provisions for Tribes to sponsor governmental plans for certain employees. We will be posting the latest update on implementation of the bill as it relates to Tribal Governments. Currently, the IRS is analyzing the new law, which is over 900 pages in length. Check back here for an update on the implementation guidelines for those provisions of the bill directly related to Tribal Governments.
August 22, 2006 Tax Exempt Bonds
The IRS and University of Michigan staff have summarized the results of research on Tribal bonds

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