Collection and Administration of Taxes Sample Clauses

Collection and Administration of Taxes. The State and Tribe agree that tobacco sold on the Reservation shall not be subject to both the state and the tribal tax, but shall be subject to one tax. The State agrees to assist the Tribe by pre-collecting tobacco taxes for sales on the Reservation from the tobacco wholesalers distributing tobacco products on the Reservation and to remit to the Tribe the tribal tobacco tax collected as determined by the formulas described below. All cigarettes sold on the reservation shall have the state tax insignia affixed (and the Tribe shall not be required to affix a tribal tax insignia) and all other tobacco products shall be taxed. a. For each calendar quarter, the Tribe shall receive an amount of tobacco taxes pre-collected for tobacco sales on the Reservation, which approximates the sales to enrolled Crow tribal members living on the Reservation. The amount of tobacco taxes that the Tribe receives shall be determined by multiplying 150 percent of the Montana per capita tobacco tax collected for the calendar quarter, times the total number of enrolled Crow tribal members living on the Reservation. b. The total number of enrolled Crow tribal members will be determined by using the Crow tribal enrollment population as last determined by the Bureau of Indian Affairs, Rocky Mountain Regional Office, on March 31st of the same full calendar year the Department uses to determine the Montana per capita tobacco tax herein. The Department shall determine the per capita tobacco tax by using the most recent census taken under the direction of Congress, or the most recent population estimates published by the bureau of the census, United States Department of Commerce, provided that all quarterly payments within a calendar year will be based on census information for a single census year. The Montana per capita tobacco tax is based on the net sum of tobacco taxes in all funds into which cigarette and tobacco taxes are deposited, subsequent to the deduction or addition of refunds, credits, and corrections. c. The State shall distribute the monies due to the Tribe under this agreement no later than thirty (30) days from the end of each calendar quarter. The State will include with each distribution a statement showing how the distribution was determined for that quarter. Distribution will be made by state warrant delivered to the Chairman of the Executive Branch of the Tribe. d. Distributions will begin within thirty (30) days from the end of the first calendar quarter after t...
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Collection and Administration of Taxes. The State and the Tribes agree that alcoholic beverages sold on or off the Reservation shall not be subject to both the State tax and the Tribal tax, but shall be subject to one tax. The parties further agree that, because the State has an existing tax collection structure, the State will collect those taxes resulting from alcoholic beverage sales on the Reservation, for and on behalf of the Tribes, and will remit to the Tribes all alcoholic beverages taxes set forth in the formulas noted below. (a) The total amount of remittance distributed to the Tribes shall be the total taxes collected on liquor and beer and wine consumed on the Reservation by tribal members living on the reservation. The amount so consumed will be determined by multiplying the number of enrolled tribal members living on the Reservation as determined by the Bureau of Indian Affairs, Rocky Mountain Regional Office, on or about March 31 of each year, by the tax distributed to the state general fund on the per capita consumption per quarter of liquor and beer and wine in Montana as determined by the State for the preceding fiscal year. (b) The State shall distribute the moneys due to the Tribes under this Agreement no later than sixty (60) days from the end of each calendar quarter. The State will include with each distribution a statement showing how the distribution was determined for that quarter. (c) Distributions will start within sixty (60) days from the end of the first whole calendar quarter after the effective date of this Agreement and continue until the expiration or the termination of this Agreement as provided in Paragraph 5 or required by law. For the purposes of this Agreement, a calendar quarter begins on January 1, April 1, July 1, and October 1 of each year. (d) The amount payable to the Tribes shall be in the form of a warrant issued by the State of Montana payable to the Tribes and sent to the President of the Council. Section 6, Term, of the Agreement shall be amended in its entirety to read as follows:
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Collection and Administration of Taxes. The State and the Tribes agree that alcoholic beverages sold on the Reservation shall not be subject to both the state tax and tribal tax, but shall be subject to one tax. The State agrees to collect both taxes on the Reservation and to remit to the Tribes the tribal liquor and beer and wine tax collected on liquor and beer and wine sold on the Reservation as determined by the formulas described below. (a) The total amount of remittance distributed to the Tribes shall be:
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Collection and Administration of Taxes subsections (a), (b), (c), and (d) of the Agreement shall be amended to read as follows: (a) The total amount of remittance distributed to the Tribes shall approximate the total taxes collected on liquor and beer and wine consumed on the Reservation by tribal members residing on the Reservation. The amount so consumed will be determined by multiplying the number of enrolled tribal members residing on the Reservation by the tax distributed to the state general fund on the per capita consumption per quarter of liquor and beer and wine in Montana as determined by the State for the current calendar quarter. The Council shall certify to the State by January 31St of each calendar year the number of enrolled members of the Tribes physically residing within the Reservation's boundaries as of January 1 St of the same calendar year. The total number of enrolled members of the Tribes residing on the Reservation shall be determined by using the Tribes' enrollment list (including the residence or street addresses of their members), the Reservation's voting list for Tribal elections (also to show residential or street addresses), and other written sources as appropriate. These enrollment numbers will be used for the revenue sharing calculation as defined in this section for the calendar year starting January 1 of that calendar year. In the event the Council does not issue a certification by January 31 of each year, the State will use the previous year's enrollment number as used in the prior calendar year calculations. The Council authorizes the State to review and verify the enrollment records, voting records, other records as appropriate that are maintained by the Tribes, and any other information the Tribes use should the State wish to conduct an audit as provided in Section 7 of this Agreement. Notwithstanding the foregoing, the parties mutually agree that (1) the total number of enrolled members of the Tribes residing on the Reservation for January 1, 2008 shall be 3,094 and (2) that 3,094 shall be used in the calculation of the revenue sharing for calendar year 2008. (b) The State shall distribute the moneys due to the Tribes under this Agreement no later than thirty (30) days from the end of each calendar quarter. The State will include with each distribution a statement showing how the distribution was determined for that quarter. (c) Distributions will start within thirty (30) days from the end of the first whole calendar quarter after the effective date of thi...
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Collection and Administration of Taxes. The State and the Tribe agree that tobacco sold on the Reservation shall not be subject to both the state tax and the tribal tax, but shall be subject to one tax. The State agrees to assist the Tribe by pre-collecting tobacco taxes for sales on the Reservation and to remit to the Tribe the tribal tobacco tax collected as determined by the formulas described below. All cigarettes sold on the Reservation shall have the state tax insignia affixed and all other tobacco products shall be taxed. a. For each calendar quarter, amount of the tobacco taxes that the Tribe receives shall be determined by multiplying 150 percent of the Montana per capita tobacco tax collected for the calendar quarter, times the total number of enrolled Chippewa Cree tribal members residing on the Reservation. The Montana per capita tobacco tax is based on the net sum of tobacco taxes in all funds into which cigarette and tobacco taxes are deposited, subsequent to the deduction or addition of refunds, credits, and corrections. For the calendar year beginning January 1, 2006 only, the parties agree that the number of Chippewa Cree tribal members residing on the Reservation shall be 3,519. The parties further agree that, for the calendar year beginning January 1, 2007, the total number of Chippewa Cree tribal members residing on the Reservation shall be determined by using the Chippewa Cree tribal enrollment population as well as the member’s place of residence as determined by a methodology set out by the Business Committee. This methodology developed by the Business Committee shall be provided to the State by June 30, 2006. The Business Committee authorizes the State to review the enrollment records maintained by the Tribe and any other information the Tribe uses to establish the number of enrolled members residing on the Reservation in order that the State may audit the methodology used by the Tribe as provided in Section 7 of this Agreement. If no methodology is provided by June 30, 2006, or if the State finds the methodology to be inadequate to determine the number of Chippewa Cree tribal members residing on the Reservation and the parties cannot correct the inadequacy prior to December 31, 2006, this agreement shall terminate on December 31, 2006. For the calendar year beginning on January 1, 2008, and for each calendar year remaining in the term of this Agreement, the Business Committee shall certify to the Sate by March 31st of each year the number of enrolled Chippewa Cree tribal...
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