IRS Recognized Indian Governments Rp02-64
IRS Recognized Indian Governments Rp02-64
IRS Recognized Indian Governments Rp02-64
717
obligations. Section 1065 of the Tax Reform Act of 1984, 19843 (Vol. 1) C.B.
556, made permanent the rules treating Indian tribal governments (or subdivisions
thereof) as states (or political subdivisions
thereof).
.04 DEFINITIONS The term Indian
tribal government is defined under section 7701(a)(40) of the Code, as amended,
to mean the governing body of any tribe,
band, community, village or group of Indians, or (if applicable) Alaska Natives that
is determined by the Secretary of Treasury, after consultation with the Secretary
of the Interior, to exercise governmental
functions. Section 7871(d) of the Code
states that, for purposes of section 7871(a),
a subdivision of an Indian tribal government shall be treated as a political subdivision of a state if (and only if) the
Secretary of the Treasury determines (after consultation with the Secretary of the
Interior) that such subdivision has been delegated the right to exercise one or more of
the substantial governmental functions of
the Indian tribal government.
SECTION 2. APPLICATION
.01 QUALIFICATIONS The following modified and supplemented list of Indian tribal entities, including Indian tribes,
bands, communities, villages, and groups
of Indians, as well as Alaska Natives, represents Indian tribal governments and is
subject to these qualifications:
(1) The list does not include Indian tribal
subdivisions because the determination of
which entities qualify as subdivisions is discussed in Rev. Proc. 8436, 19841 C.B.
510, as modified by Rev. Proc. 8617,
19861 C.B. 550.
(2) Temporary Regulation section
305.77011(a) defines governmental functions for purposes of defining an Indian
tribal government or political subdivision
thereof. Tribal entities not appearing on this
list may apply for a ruling on whether they
qualify pursuant to all applicable procedural rules set forth in the Statement of Procedural Rules (26 CFR Part 601), and
guidelines set forth in Rev. Proc. 8437,
19841 C.B. 513, as modified by Rev. Proc.
8617, 19861 C.B. 550, and Rev. Proc.
20011, 20011 C.B. 1.
(3) Inclusion on a published list does not
necessarily establish that a tribe qualifies
for a particular tax benefit. For example,
when a tribal entity seeks exemption from
200242 I.R.B.
excise taxes, the entity must be able to demonstrate that the underlying transaction involves the exercise of an essential
governmental function of the Indian tribal
government.
SECTION 3. LIST
.01 INDIAN TRIBAL ENTITIES THAT
EXERCISE GOVERNMENTAL FUNCTIONS FOR PURPOSES OF TITLE II
PUB. L. NO. 97473.
Absentee-Shawnee Tribe of Indians of
Oklahoma
Agua Caliente Band of Cahuilla Indians
of the Agua Caliente Indian
Reservation, California
Ak Chin Indian Community of the
Maricopa (Ak Chin) Indian
Reservation, Arizona
Alabama-Coushatta Tribes of Texas
Alabama-Quassarte Tribal Town,
Oklahoma
Alturas Indian Rancheria, California
Apache Tribe of Oklahoma
Arapahoe Tribe of the Wind River
Reservation, Wyoming
Aroostook Band of Micmac Indians of
Maine
Assiniboine and Sioux Tribes of the Fort
Peck Indian Reservation, Montana
Augustine Band of Cahuilla Mission
Indians of the Augustine Reservation,
California
Bad River Band of the Lake Superior
Tribe of Chippewa Indians of the Bad
River Reservation, Wisconsin
Bay Mills Indian Community, Michigan
(previously listed as the Bay Mills
Indian Community of the Sault Ste.
Marie Band of Chippewa Indians,
Bay Mills Reservation, Michigan)
Bear River Band of the Rohnerville
Rancheria, California
Berry Creek Rancheria of Maidu Indians
of California
Big Lagoon Rancheria, California
Big Pine Band of Owens Valley
Paiute Shoshone Indians of the Big Pine
Reservation, California
Big Sandy Rancheria of Mono Indians
of California
200242 I.R.B.
718
719
200242 I.R.B.
200242 I.R.B.
Match-e-be-nash-she-wish Band of
Pottawatomi Indians of Michigan
720
721
200242 I.R.B.
Allakaket Village
Ambler, Native Village of Ambler
Anvik Village
200242 I.R.B.
722
Levelock Village
Hughes Village
Huslia Village
Lime Village
Igiugig Village
Iliamna, Village of Iliamna
Inupiat Community of the Arctic Slope
Iqurmuit Traditional Council (formerly
Native Village of Russian Mission)
Kaguyak Village
Egegik Village
Ekwok Village
Emmonak Village
Knik Tribe
Kokhanok Village
Newhalen Village
Newtok Village
Nightmute, Native Village of Nightmute
Nikolai Village
Nikolski, Native Village of Nikolski
Ninilchik Village
Nondalton Village
Gulkana Village
723
Northway Village
200242 I.R.B.
Nulato Village
Skagway Village
Takotna Village
Telida Village
200242 I.R.B.
SECTION 6. DRAFTING
INFORMATION
The principal author of this revenue procedure is Carol Cook of the Office of Division Counsel/Associate Chief Counsel
(Tax Exempt and Government Entities). For
more information concerning this revenue
procedure, contact Ms. Cook at (202) 622
6080 (not a toll-free call).
Rampart Village
Ugashik Village
Unalakleet, Native Village of Unalakleet
Village of Venetie (See Native Village of
Venetie Tribal Government)
724
Section 511(a)(2)(B).
Imposition of Tax on Unrelated Business Income of
Charitable, etc., Organizations Organizations Subject
to Tax
For what purposes are Indian tribal governments
treated as states? See Rev. Proc. 200264, page 717.
Section 117(b)(2)(A).
Qualified Scholarships
Section 403(b)(1)(A)(ii).
Taxation of Employee Annuities Taxability of Beneficiary Under Annuity
Purchased by Section
501(c)(3) Organization or
Public School
For what purposes are Indian tribal governments
treated as states? See Rev. Proc. 200264, page 717.
2002 42 I.R.B.
714
Section 4483(a).
Exemptions
For what purposes are Indian tribal governments
treated as states? See Rev. Proc. 200264, page 717.