Examples of General Welfare Exclusion in a sentence
The above exclusion was enacted by the Tribal General Welfare Exclusion Act of 2014, September 26, 2014.
Jim contends the distributions are not subject to taxation because they constitute general welfare payments pursuant to 26 U.S.C. section 139E(b), the Tribal General Welfare Exclusion Act (“Tribal GWE Act”).
Any Program benefits or payments that qualify for tax free treatment under the General Welfare Exclusion.
This Code is established pursuant to the authority vested in the Tribal Council by the Constitution of the Tribe, and pursuant to the Tribal General Welfare Exclusion Act of 2014, codified under Internal Revenue Code Section 139E, which excludes from gross income, for income tax purposes, the value of general welfare assistance that may be provided to an Eligible Tribal Member.
It is the Tribe’s intent that the assistance provided pursuant to this Code will meet the criteria set forth in Revenue Procedure 2014-35 (including any subsequent Internal Revenue Service guidance) and the Tribal General Welfare Exclusion Act of 2014, for treatment as a tax exempt benefit.
The Tribal Council developed the Program with the intention that Assistance to Citizens provided under this Program is an “Indian general welfare benefit” as provided by 26 U.S.C. 139E(a) and therefore excluded from gross income and not subject to tax withholding or reporting under the Tribal General Welfare Exclusion Act, 26 U.S.C. 139E and IRS Revenue Procedure 2014-35.
In that context, the IRS has employed an administrative practice, known as the General Welfare Exclusion (“GWE”), which excludes benefits and payments to individuals from federal income taxation when those benefits and payments are made pursuant to a governmental program serving the general welfare.
Current law: Until the enactment of the Tribal General Welfare Exclusion Act on September 26, 2014, there had not been a formal Tribal advisory committee within Treasury or the IRS regarding matters of Indian taxation.Reasons for creating a new Advisory Committee: In recent years, Indian Tribal governments and the Internal Revenue Service have disagreed on several issues concerning when tax liability attaches to Tribal payments, or benefits, provided to their citizens.
The TAC created by the Tribal General Welfare Exclusion Act is charged with a broad mandate to advise Treasury and IRS on not only GWE implementation but also other tribal taxation matters.
On September 26, 2014, President Obama signed HR 3043, the Tribal General Welfare Exclusion Act, into law as PL 113-168.