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4 U.S.C. § 109 — Same; exception of Indians
submitted 79 years ago by ch. 389 to r/title-4-FLAG-AND-SEAL-SEAT-OF-GOVERNMENT-AND-THE-STATES · 29 words · no verdicts yet
in plain englishAI-generated · not legal advice
Sections 105 and 106 of this title don't let anyone tax an Indian who isn't otherwise taxed. This section protects that existing tax status. It doesn't create any new tax power over Indians.
This is a short protective clause about taxing Indians.
Sections 105 and 106 of this title impose certain taxes. This section makes clear that nothing in those two sections should be read as giving anyone the power to levy or collect a tax on, or from, an Indian who is "not otherwise taxed."
In other words, if an Indian wasn't already subject to tax under some other law, sections 105 and 106 don't change that — they can't be used as the legal basis to start taxing that person. This section doesn't say what "not otherwise taxed" means beyond that phrase; it simply preserves whatever tax status an Indian already had, without sections 105 and 106 creating a new tax obligation.
the actual law source: uscode.house.gov ↗public domain
Nothing in sections 105 and 106 of this title shall be deemed to authorize the levy or collection of any tax on or from any Indian not otherwise taxed.
Source credit: (July 30, 1947, ch. 389, 61 Stat. 645.)
history & why it existsrecord from the source credit
- 1947Enacted · Act of July 30, 1947, ch. 389 · 61 Stat. 645
A history note hasn’t been published yet. The record shows enactment by ch. 389 on 1947-07-30.
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