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Oklahoma exempt tribal income

Forum|Forum|6 years ago
June 1, 2019
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I don't live on tribal land but I work at a casino on tribal land and am a member of that tribe. Am I allowed to file under this? If so, would it be my full wages from the casino?

TurboTax Deluxe Online

Best answer by DanielV01

No, unfortunately it does not appear that you qualify. Oklahoma has 3 main requirements:

1. You are a member of a recognized tribe (you seem to qualify on that point)

2. You work on the tribal land associated with your tribe (also checks)

3. You live on land associated as belonging to the tribe. (This you would need to prove)

Oklahoma asks for significant documentation on this as well. Please click on the following link: https://www.ok.gov/tax/documents/511Pkt-16.pdf and review the information on page 15, column1, under Tribal Income

DanielV01Answer

No, unfortunately it does not appear that you qualify. Oklahoma has 3 main requirements:

1. You are a member of a recognized tribe (you seem to qualify on that point)

2. You work on the tribal land associated with your tribe (also checks)

3. You live on land associated as belonging to the tribe. (This you would need to prove)

Oklahoma asks for significant documentation on this as well. Please click on the following link: https://www.ok.gov/tax/documents/511Pkt-16.pdf and review the information on page 15, column1, under Tribal Income

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J

Jeff5022

So does it matter who you are employed by? I am Cherokee and work and live in Cherokee nation but am not employed by the Cherokee nation. Does that matter who the employer is. It doesn't look clear.

AmyC

No. You must be a tribal member, live and work on tribal land If you are working for your employer on tribal land, you qualify for the deduction.

The Ok instructions for 2020, page 18 states that you enter all income earned and then reduce your income on sch 511A line 10 by your qualified exempt tribal income.

Exempt Tribal Income

If the tribal member’s principal residence is on “Indian country” as defined in 18 U.S.C. Section 1151, the income earned on Indian country may be deducted. Legally acknowledged Indian country must be within the jurisdiction of the tribe of which he or she is a member. All claimants must provide sufficient information to support that these requirements have been satisfied.

Provide the following information for tax year 2020:

. A copy of your tribal membership card or certification by your tribe as to your tribal membership during the tax year; and

A copy of the trust deed, or other legal document, that describes the real estate upon which you maintained your principal place of residence and that was an Indian allotment, restricted, or held in trust by the United States during the tax year. If your name does not appear on the deed, or other document, provide proof of residence on such property; and
A copy of the trust deed, or other legal document, that describes the real estate upon which you were employed or performed work or received income and that was held by the United States of America in trust for a tribal member or an Indian tribe or that was allotted or restricted Indian land during the tax year. Also a copy of employment or payroll records that show you are employed on that Indian country or an explanation of your work on Indian country; and
Any other evidence which you believe supports your claim that you meet all of the criteria for exemption from income tax.

All information to support your claim for refund must be provided with your return

@Jeff5022

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M

Mtabor1980

So we if we rifle how and where do we send this information to be exempt. In years past turbo tax gave me this information. Last 3 years they have not. I didn’t submit information. Guess what got 2018 2019 notices this week because of it. Thanks again turbo tax.

K

kgarris99

I feel you on this. Just received 2017, 2018, and 2019 adjustments today. I have been trying to get answers all morning with no luck.

M

Mtabor1980

It instructs you how to submit that info online.
not sure how long it takes

i also just sent in my 2020 info in the mail to cover this years

M

Mtabor1980

So we if we e file how and where do we send this information to be exempt. In years past turbo tax gave me this information. Last 3 years they have not. I didn’t submit information. Guess what got 2018 2019 notices this week because of it. Thanks again turbo tax.

P

PattiF

You will need to mail your return with the following documents attached to the return.

The Ok instructions for 2020, page 18 state that you enter all income earned and then reduce your income on Sch 511A line 10 by your qualified exempt tribal income.

Exempt Tribal Income

If the tribal member’s principal residence is on “Indian country” as defined in 18 U.S.C. Section 1151, the income earned on Indian country may be deducted. Legally acknowledged Indian country must be within the jurisdiction of the tribe of which he or she is a member. All claimants must provide sufficient information to support that these requirements have been satisfied.

Provide the following information for tax year 2020:

. A copy of your tribal membership card or certification by your tribe as to your tribal membership during the tax year; and

A copy of the trust deed, or other legal document, that describes the real estate upon which you maintained your principal place of residence and that was an Indian allotment, restricted, or held in trust by the United States during the tax year. If your name does not appear on the deed, or other document, provide proof of residence on such property; and
A copy of the trust deed, or other legal document, that describes the real estate upon which you were employed or performed work or received income and that was held by the United States of America in trust for a tribal member or an Indian tribe or that was allotted or restricted Indian land during the tax year. Also a copy of employment or payroll records that show you are employed on that Indian country or an explanation of your work on Indian country; and
Any other evidence which you believe supports your claim that you meet all of the criteria for exemption from income tax.

All information to support your claim for refund must be provided with your return.

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T

TheJoPoShow

Maybe someone can help me here on some advice:

The OTC has reached out to me regarding my Tax Returns from 2017-2019 on saying I owe them back now.

1. I’m a Cherokee Indian with my Indian Card

2. I worked for the Cherokee Hard Rock Casino in Catoosa/Tulsa.

3. I rented my home & resided in Claremore, which is Cherokee Land. “ Where can I find proof that this is on Indian Land of my Tribe”

I figured being all 3 I would qualify, but they state I do not.. am I missing something?

K

kgarris99

I wish I could be of assistance. All I can do is wish you could luck. I work at Cherokee Nation ICW in Catoosa and own a home in Verdigris. I thought I would qualify as well. I reached out to appeal it and provided a copy of the deed to my house, my citizenship card and check stub, still was told I don't qualify. I was told that my home would have to be owned by the tribe and I would have to have approval through the BIA to purchase the home. They sent me a copy of a deed that is owned by the BIA. I have fought with them for months and still got nowhere. Unfortunately I had to end up paying all the money back for 2017, 2018, and 2019.

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Popoloco

How is this handled with a married filing jointly household with one registered tribal member and one non native?

IsabellaG

The spouse who qualifies as a tribal member and whose principal residence is on Indian Country can exclude the income earned from employment or work performed on Indian Country. The other spouse cannot claim the exemption for their income.

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M

Milo99

I am not sure if I could qualify for this exemption. I am a member of the Chickasaw Nation, I work for the Chickasaw Nation and my home/ land is located within the Chickasaw "reserve". However, I own my home. The tribe did not finance or help me buy my house/ land. Would I be eligible?