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26 U.S.C. § 139GAssignments to Alaska Native Settlement Trusts

submitted 9 years ago by Pub. L. 115-97 to r/title-26-INTERNAL-REVENUE-CODE · 288 words · no verdicts yet

in plain englishAI-generated · not legal advice

An Alaska Native Corporation can assign, in writing, its payments under the Alaska Native Claims Settlement Act to a Settlement Trust before receiving them, and that money is then taxed to the Trust instead of the Corporation. The Corporation cannot also deduct these amounts.

This section lets Alaska Native Corporations shift certain settlement payments — and the tax on them — to a Settlement Trust. (a) In general. A Native Corporation does not count as taxable income the value of payments it would otherwise get under the Alaska Native Claims Settlement Act (including Village Corporation payments under section 7(j) of that Act), as long as: (1) the payments are assigned in writing to a Settlement Trust; and (2) the Corporation had not already received them before the assignment. (b) Inclusion in gross income. Once a Settlement Trust receives payments assigned this way, the Trust must count them as taxable income, and they keep the same tax character they would have had if the Corporation had received them directly. (c) Amount and scope of assignment. The assignment must describe, with reasonable detail, either a percentage of one or more payments, or a fixed dollar amount. (d) Duration of assignment; revocability. Every assignment must state whether it lasts forever or for a set time, and whether it can be revoked. (e) Prohibition on deduction. Despite a separate deduction rule (section 247), the Native Corporation cannot deduct any amount described in subsection (a). (f) Definitions. "Native Corporation" and "Settlement Trust" have the meanings given in section 646(h).
the actual law source: uscode.house.gov ↗public domain
(a) In general

In the case of a Native Corporation, gross income shall not include the value of any payments that would otherwise be made, or treated as being made, to such Native Corporation pursuant to, or as required by, any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), including any payment that would otherwise be made to a Village Corporation pursuant to section 7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)), provided that any such payments—

(1)

are assigned in writing to a Settlement Trust, and

(2)

were not received by such Native Corporation prior to the assignment described in paragraph (1).

(b) Inclusion in gross income

In the case of a Settlement Trust which has been assigned payments described in subsection (a), gross income shall include such payments when received by such Settlement Trust pursuant to the assignment and shall have the same character as if such payments were received by the Native Corporation.

(c) Amount and scope of assignment

The amount and scope of any assignment under subsection (a) shall be described with reasonable particularity and may either be in a percentage of one or more such payments or in a fixed dollar amount.

(d) Duration of assignment; revocability

Any assignment under subsection (a) shall specify—

(1)

a duration either in perpetuity or for a period of time, and

(2)

whether such assignment is revocable.

(e) Prohibition on deduction

Notwithstanding section 247, no deduction shall be allowed to a Native Corporation for purposes of any amounts described in subsection (a).

(f) Definitions

For purposes of this section, the terms “Native Corporation” and “Settlement Trust” have the same meaning given such terms under section 646(h).

Source credit: (Added Pub. L. 115–97, title I, § 13821(a)(1), Dec. 22, 2017, 131 Stat. 2178.)

history & why it existsrecord from the source credit
  • 2017Enacted · Pub. L. 115-97 · 131 Stat. 2178

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-97 on 2017-12-22.

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