New Guidance: Tribal General Welfare Exclusion

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) have issued a Notice of Proposed Rulemaking PDF (NPRM) to implement section 139E of the Internal Revenue Code, created by the Tribal General Welfare Exclusion Act of 2014 (Act).  Additionally, Treasury announced it will hold Tribal consultations on the proposed rule on November 18, 19, and 20, 2024, at 1 p.m. ET.

Treasury is accepting written comments received by December 17, 2024, 11:59 p.m. Alaska Time. Please submit written comments at tribal.consult@treasury.gov.

Find tax information for Native American tribal governments and members, including tax law, filing and reporting requirements, employment tax and more. Find how we can help you in the IRS Office of Indian Tribal Governments.
 

Upcoming events

Free employment tax workshops for Indian tribal governments

You are invited to join us for our free 4-day workshops through Microsoft Teams hosted by the Office of Indian Tribal Governments. The workshops offer a review of federal tax responsibilities for tribes and tribal entities relating to employment tax.

Workshop dates:

Program 1: Monday, September 23–Thursday, September 26, 2024, daily from 1 p.m. – 4 p.m. (Eastern)/10 a.m. – 1 p.m. (Pacific):

Join on your computer or mobile app: Join Program 1 

Call in (audio only): 737-253-8186, Conference ID: 741 666 079#

Use the same link and call-in information every day of the workshop in Program 1

Program 2: Monday, September 30–Thursday, October 3, 2024, daily from 12 p.m. – 3 p.m. (Eastern)/9 a.m. – 12 p.m. (Pacific)

Join on your computer or mobile app: Join Program 2

Call in (audio only): 737-253-8186, Conference ID: 281 173 736#

Use the same link and call-in information every day of the workshop in Program 2

IRS offers office hours for help with the pre-filing registration process for elective payment and transfer of clean energy and CHIPS credits

Registration for office hours is open. Registration is required and can be completed by clicking on the links below. 

Date Time Register
October 2, 2024 1-2:30 p.m. Eastern time Register
October 16, 2024 1-2:30 p.m. Eastern time Register
October 30, 2024 1-2:30 p.m. Eastern time Register
November 13, 2024 1-2:30 p.m. Eastern time Register

Recent developments – Clean energy credits

Clean energy tax credit benefits available

Government and tax-exempt entities can now benefit from clean energy tax credits with new options enabled by the Inflation Reduction Act of 2022. Find out about elective pay and transferability of clean energy tax credits.

Publication 5884, Inflation Reduction Act (IRA) and CHIPS Act of 2022 (CHIPS) Pre-Filing Registration Tool - User Guide and Instructions PDF

The IRA and CHIPS Act Pre-filing Registration Tool overview video

For more information on available credits for elective pay, refer to IRS Publication 5817-G, Clean Energy Tax Incentives: Elective Pay Eligible Tax Credits PDF.

Publication 5817-F, Elective Pay for Indian Tribal Governments PDF

Form 990-T for Elective Payment Election Only Presentation - new instructional video
This video explains how applicable entities, including certain Indian tribal governments, that only need to file Form 990-T to make an elective payment election, complete Form 990-T and related returns.

Our mission:

To provide Indian tribal governments top quality service and respect while helping them understand and comply with applicable tax laws.

About us

The ITG office provides customers quality service by helping them understand and comply with applicable tax laws and protecting the public interest by applying the tax law. Our goal is to meet the needs of both the Indian tribal governments and the federal government, and to simplify the tax administration process.

Tribal government specialists work in locations near the seats of tribal governments. Our specialists can address issues that relate to tribal governments as employers, distributions to tribal members, and the establishment of governmental programs, trusts and businesses.

Visit the Individuals page for information that may assist individual tribal members.

Contact the IRS Office of Indian Tribal Governments if you need further clarification.