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| SPONSOR: | Tsosie | DATE TYPED: | 2-11-99 | HB | |||
| SHORT TITLE: | Clarify Definition of Indian Land | SB | 433 | ||||
| ANALYST: | Taylor | ||||||
| Subsequent
Years Impact |
Recurring
or Non-Rec |
Fund
Affected | ||
| FY99 | FY2000 | |||
| N/A | NFI | Unknown | Recurring | GF/STB |
(Parenthesis ( ) Indicate Revenue Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Bill
Senate Bill 433 would add to the definition of "Indian tribal land" for intergovernmental tax credit purposes. The current definition of Indian tribal land is "all land that on March 1, 1995 was within the exterior boundaries of an Indian reservation or pueblo grant or held in trust by the United State for an Indian nation, tribe or pueblo". The proposed change would add land held in trust by the United States for an Indian person.
Significant Issues
The effect of the proposed definition change would be to increase the number of taxpayers who would be eligible for intergovernmental tax credits. The intergovernmental tax credit allows persons who are liable for payment of oil and gas severance tax, oil and gas emergency school tax or the oil and gas ad valorem production tax from products severed from Indian tribal lands to claim a credit against those taxes. The credit is equal to seventy five percent of the total amount of the taxes eligible for the credit that are imposed by the Indian nation, tribe or pueblo or seventy five percent of the taxes imposed by the state, whichever is lower.
FISCAL IMPLICATIONS
The Taxation and Revenue Department has not issued an FIR at the time of this writing, but in telephone discussion with staff, they indicated that there is unlikely to be any fiscal impact associated with this proposed legislation. They say that they believe that it would only apply to the Jicarilla reservation because they are the only ones with the applicable taxes in place, and that they know of no land held by Indian persons there for which the definition would affect revenues.
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