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IRS Requests Consultation on General Welfare and Issues Important New Guidance that will affect Indian Tribal Governments

The IRS has issued several important items of guidance that affect Indian tribal governments.   The topics listed below explain the guidance recently issued by the IRS affecting Indian tribal governments.

Treasury and IRS Request Comment on General Welfare Exclusion for Tribal Benefit Programs
The Treasury Department and the Internal Revenue Service are inviting comments concerning the application of the general welfare exclusion to Indian tribal government programs.  The formal comment deadline related to this guidance expired on March 14, 2012.  However, comments submitted after this deadline will be considered.

Reallocation of Tribal Economic Development Bonds
The IRS recently collected comments on the TEDB Allocation Process and announced a 3-Month extension to issue unexpired TEDB allocations.   The formal comment deadline related to this guidance has expired.  However, comments submitted after the deadline will be considered.  The IRS expects to issue announcing further guidance during 2012 on this issue after the initial comments are reviewed and considered.

Request for Comments - Governmental Plans

The IRS and Department of Treasury solicit comments on possible standards for determining if a plan is a governmental plan under IRC section 414(d).  The comment period related to this guidance has been extended to June 18, 2012.

Send submissions relating to the section 414(d) draft ITG regulations to: CC:PA:LPD:PR (REG-133223-08), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington DC, 20044.

 Alternately, taxpayers may submit comments relating to the section 414(d) draft ITG regulations located in the Appendix to this ANPRM electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS-REG-133223-08).

 Comments submitted to tege.ask.itg@irs.gov will be forwarded for consideration as well.

Revenue Procedure for Indian Gaming Regulatory Act Trust Guidance
The IRS announces the publication of Indian Gaming Regulatory Act (25 U.S.C. §§ 2701-2721) (IGRA) trust guidance. Revenue Procedure 2011-56, clarifies, modifies and supersedes Revenue Procedure 2003-14, 2003-1 C.B. 319.

 

Request for Comments - Health Savings Account

Notice 2012-14 provides guidance on whether an individual eligible to receive medical services at an Indian Health Service facility is an “eligible individual” with respect to Health Savings Accounts (HSAs) under § 223 of the Internal Revenue Code (the Code).    Comments on this issue can be submitted through April 30, 2012. 

 

Page Last Reviewed or Updated: 06-Mar-2014