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FAQs for Indian Tribal Governments regarding Indian Gaming Regulatory Act (IGRA) Trusts for Minors

These frequently asked questions and answers are provided for general information only and should not be cited as any type of legal authority. They are designed to provide the user with information required to respond to general inquiries. Due to the uniqueness and complexities of Indian law and Federal tax law, it is imperative to ensure a full understanding of the specific question presented, and to perform the requisite research to ensure a correct response is provided.



  1. What is an Indian Gaming Regulatory Act (IGRA) trust?
  2. What does the term "minor or legal incompetent" mean within the context of an IGRA trust?
  3. When will a tribe be considered a "grantor and owner" of an IGRA trust?
  4. Must IGRA trust beneficiaries include in gross income amounts transferred to, or earned by, an IGRA trust?
  5. What is the economic benefit doctrine?
  6. Are per capita payments subject to income tax?
  7. When may proceeds from the trust be disbursed to the parents or guardians of a minor or legal incompetent?
  8. To whom does Revenue Procedure 2003-14 apply?
  9. What is the effective date of Revenue Procedure 2003-14?
  10. If a favorable Private Letter Ruling was issued to a tribe prior to the release of the revenue procedure, is it still effective?
  11. If a trust was established prior to this revenue procedure and it doesn't meet the safe harbor requirements, what should be done?


 
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For questions on any tribal tax matter, please e-mail us. Be sure to include your name, your phone number and your email address so that we can respond to your question.

Page Last Reviewed or Updated: 18-Nov-2013