My husband is a Cherokee indian and he get a check for percadita and it dosent pay takes how do we put that on the taxkes so he get all the tax thay took out back

[MargaretL · Accepted solution]

Since he received 1099-MISC, it would indicate that the per capita income is income from Indian gaming proceeds and therefore it is taxable. 

TurboTax data entry:

1. Type 1099-Misc in the search box (see pic)
2. Select Jump to 1099-Misc blue link - continue through the interview.  On the Screen Does any of these uncommon situations apply to you, select This was price winnings

In general, the per capita payments issued to a member of Indian tribes are not subject to federal income tax, unless they are from gaming proceeds.

Per Irs: “If you are a member of a federally recognized tribe and have received income from tribal per capita distributions or from Indian gaming proceeds, here is some important information.

Reported on a 1099-MISC income statement, this income should be included on Line 21 of Form 1040, with a description. The correct description will allow the return to process as quickly as possible! For paper or e-file returns, please enter one of the following descriptions on Line 21:

Indian Gaming Proceeds
Indian Tribal Distrib
Native American Distrib"

https://www.irs.gov/Government-Entities/Indian-Tribal-Governments/Reporting-of-Per-Capita-Distributi...