The Importance of Being Interest: Why a State Cannot Impose its Income Tax on Tribal Bonds

Akron Tax Journal, Vol. 25, p. 123, 2010)

U of St. Thomas Legal Studies Research Paper No. 09-11

58 Pages Posted: 8 May 2009 Last revised: 15 Oct 2010

Scott A. Taylor

University of St. Thomas - School of Law (Minnesota)

Date Written: May 7, 2009

Abstract

The exercise of a state power in a way that adversely impacts the sovereignty of a federally recognized Indian tribe has been a matter of serious concern to the United States Supreme Court since the early 19th century. The limit of a state’s power to tax tribes is very often the subject of this judicial concern. In this article, I examine the reasons why states cannot impose their income taxes on interest that investors earn on tribal bonds.

Keywords: tax, income tax, tax and interest, Indian law, Native American sovereignty, Indian tax law

Suggested Citation

Taylor, Scott A., The Importance of Being Interest: Why a State Cannot Impose its Income Tax on Tribal Bonds (May 7, 2009). Akron Tax Journal, Vol. 25, p. 123, 2010); U of St. Thomas Legal Studies Research Paper No. 09-11. Available at SSRN: https://ssrn.com/abstract=1401103

Scott A. Taylor (Contact Author)

University of St. Thomas - School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

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