26 U.S.C. § 7871: Indian tribal governments treated as States for certain purposes

section 170 (relating to income tax deduction for charitable, etc., contributions and gifts), sections 2055 and 2106(a)(2) (relating to estate tax deduction for transfers of public, charitable, and religious uses), or section 2522 (relating to gift tax deduction for charitable and similar gifts); chapter 31 (relating to tax on special fuels), chapter 32 (relating to manufacturers excise taxes), subchapter B of chapter 33 (relating to communications excise tax), or subchapter D of chapter 36 (relating to tax on use of certain highway vehicles); for purposes of section 164 (relating to deduction for taxes); subject to subsection (c), for purposes of section 103 (relating to State and local bonds); for purposes of section 511(a)(2)(B) (relating to the taxation of colleges and universities which are agencies or instrumentalities of governments or their political subdivisions); section 105(e) (relating to accident and health plans), section 403(b)(1)(A)(ii) (relating to the taxation of contributions of certain employers for employee annuities), and section 454(b)(2) (relating to discount obligations); and chapter 41 (relating to tax on excess expenditures to influence legislation), and subchapter A of chapter 42 (relating to private foundations). Paragraph (2) of subsection (a) shall apply with respect to any transaction only if, in addition to any other requirement of this title applicable to similar transactions involving a State or political subdivision thereof, the transaction involves the exercise of an essential governmental function of the Indian tribal government. Subsection (a) of section 103 shall apply to any obligation (not described in paragraph (2)) issued by an Indian tribal government (or subdivision thereof) only if such obligation is part of an issue substantially all of the proceeds of which are to be used in the exercise of any essential governmental function. Except as provided in paragraph (3), subsection (a) of section 103 shall not apply to any private activity bond (as defined in section 141(a)) issued by an Indian tribal government (or subdivision thereof). paragraph (2) shall not apply, such obligation shall be treated for purposes of this title as a qualified small issue bond, and section 146 shall not apply. 95 percent or more of the net proceeds of the issue are to be used for the acquisition, construction, reconstruction, or improvement of property which is of a character subject to the allowance for depreciation and which is part of a manufacturing facility (as defined in section 144(a)(12)(C)), such issue is issued by an Indian tribal government or a subdivision thereof, is to be located on land which, throughout the 5-year period ending on the date of issuance of such issue, is part of the qualified Indian lands of the issuer, and is to be owned and operated by such issuer, such obligation would not be a private activity bond without regard to subparagraph (C), it is reasonably expected (at the time of issuance of the issue) that the employment requirement of subparagraph (D)(i) will be met with respect to the facility to be financed by the net proceeds of the issue, and no principal user of such facility will be a person (or group of persons) described in section 144(a)(6)(B). An obligation to which this paragraph applies (other than an obligation described in paragraph (1)) shall be treated for purposes of this title as a private activity bond. The employment requirements of this subparagraph are met with respect to a facility financed by the net proceeds of an issue if, as of the close of each calendar year in the testing period, the aggregate face amount of all outstanding tax-exempt private activity bonds issued to provide financing for the establishment which includes such facility is not more than 20 times greater than the aggregate wages (as defined by section 3121(a)) paid during the preceding calendar year to individuals (who are enrolled members of the Indian tribe of the issuer or the spouse of any such member) for services rendered at such establishment. If, as of the close of any calendar year in the testing period, the requirements of this subparagraph are not met with respect to an establishment, section 103 shall cease to apply to interest received or accrued (on all private activity bonds issued to provide financing for the establishment) after the close of such calendar year. Subclause (I) shall not apply if the requirements of this subparagraph would be met if the aggregate face amount of all tax-exempt private activity bonds issued to provide financing for the establishment and outstanding at the close of the 90th day after the close of the calendar year were substituted in clause (i) for such bonds outstanding at the close of such calendar year. For purposes of this subparagraph, the term “testing period” means, with respect to an issue, each calendar year which begins more than 2 years after the date of issuance of the issue (or, in the case of a refunding obligation, the date of issuance of the original issue). The term “qualified Indian lands” means land which is held in trust by the United States for the benefit of an Indian tribe. The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The term “net proceeds” has the meaning given such term by section 150(a)(3). For the purposes specified in subsection (a), a subdivision of an Indian tribal government shall be treated as a political subdivision of a State if (and only if) the Secretary determines (after consultation with the Secretary of the Interior) that such subdivision has been delegated the right to exercise one or more of the substantial governmental functions of the Indian tribal government. For purposes of this section, the term “essential governmental function” shall not include any function which is not customarily performed by State and local governments with general taxing powers. The Secretary shall allocate the national tribal economic development bond limitation among the Indian tribal governments in such manner as the Secretary, in consultation with the Secretary of the Interior, determines appropriate. There is a national tribal economic development bond limitation of $2,000,000,000. notwithstanding subsection (c), such bond shall be treated for purposes of this title in the same manner as if such bond were issued by a State, the Indian tribal government issuing such bond and any instrumentality of such Indian tribal government shall be treated as a State for purposes of section 141, and section 146 shall not apply. the interest on which would be exempt from tax under section 103 if issued by a State or local government, and which is designated by the Indian tribal government as a tribal economic development bond for purposes of this subsection. any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act) is conducted or housed or any other property actually used in the conduct of such gaming, or any facility located outside the Indian reservation (as defined in section 168(j)(6)). The maximum aggregate face amount of bonds which may be designated by any Indian tribal government under subparagraph (A) shall not exceed the amount of national tribal economic development bond limitation allocated to such government under paragraph (1). insofar as they relate to chapter 1 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [ 26 U.S.C. 1 et seq.] (other than section 103 thereof), shall apply to taxable years beginning after December 31, 1982 , insofar as they relate to section 103 of such Code, shall apply to obligations issued after December 31, 1982 , insofar as they relate to chapter 11 of such Code [ 26 U.S.C. 2001 et seq.], shall apply to estates of decedents dying after December 31, 1982 , insofar as they relate to chapter 12 of such Code [ 26 U.S.C. 2501 et seq.], shall apply to gifts made after December 31, 1982 , and insofar as they relate to taxes imposed by subtitle D of such Code [ 26 U.S.C. 4041 et seq.], shall take effect on January 1, 1983 .”