While we agree with the initial OTC interpretation that tribal members who live and work within their reservation boundaries should be exempt from paying state income taxes, the recent reversal by the OTC means that litigation may be necessary in order to clarify the administrative and legal issues involved in this matter. ![]() Unfortunately, we have also received information that the OTC has now reversed its position and is stating tribal members are not entitled to this relief and that it will seek repayment of any refunds issued under its previous policy. In accordance with this statement, it has come to our attention that the OTC has issued tax refunds due to amended tax returns from tribal members. The Oklahoma Tax Commission (OTC) has previously released a report indicating that tribal members who live and work within the reservation boundaries would be exempt from paying state income taxes. There has been much discussion about whether tribal members have to pay state income taxes due to the recent McGirt decision that the Choctaw Nation’s reservation was never disestablished.
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