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New Member
posted Jun 1, 2019 12:30:26 AM

Do I still need to pay state taxes when I worked for an Indian Tribe, am a tribal member of that Tribe, and live on that Tribe's Indian Reservation?

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1 Best answer
Expert Alumni
Jun 1, 2019 12:30:45 AM

According to the State of NY If you are an enrolled member of a tribe or nation recognized by the United States or by New York State, and you are a Native American who works and lives on that tribe’s reservation, you are not subject to state tax on income earned on the reservation.

If all of that applies to you , you would not be taxed on that income.

In your NY return, on the screen Changes to Federal Income scroll to Other New York adjustments to federal income, and click on Other changes (adjustments) to your federal income. See the screenshot below.

Click Continue on the next screen and enter your Native American Income Exclusion on the screen Enter Any Other Subtractions.

[EDITED 04/18/2023| 6:14 PST] to remove reference to screenshot.

15 Replies
Expert Alumni
Jun 1, 2019 12:30:27 AM

Which state?

New Member
Jun 1, 2019 12:30:29 AM

New York. And this was for contract work so I got a 1099 from the Tribe.

New Member
Jun 1, 2019 12:30:31 AM

virginia

New Member
Jun 1, 2019 12:30:32 AM

looking for an exemption form

New Member
Jun 1, 2019 12:30:41 AM

north carolina

New Member
Jun 1, 2019 12:30:43 AM

Warm Springs Oregon

Expert Alumni
Jun 1, 2019 12:30:45 AM

According to the State of NY If you are an enrolled member of a tribe or nation recognized by the United States or by New York State, and you are a Native American who works and lives on that tribe’s reservation, you are not subject to state tax on income earned on the reservation.

If all of that applies to you , you would not be taxed on that income.

In your NY return, on the screen Changes to Federal Income scroll to Other New York adjustments to federal income, and click on Other changes (adjustments) to your federal income. See the screenshot below.

Click Continue on the next screen and enter your Native American Income Exclusion on the screen Enter Any Other Subtractions.

[EDITED 04/18/2023| 6:14 PST] to remove reference to screenshot.

Returning Member
Feb 2, 2021 5:59:26 AM

Where is the screen shot and what is the amount you put in for the exempt exclusion.  Is it the total amount of federal that we put in or is it the amount that had no state taxes taken out?  Please help! 

Expert Alumni
Feb 2, 2021 9:44:52 AM

@traydawg68  In your New York return, you can Exclude Income earned on the reservation, if you work and live on the reservation. 

 

Click this link for more info on New York Native American Income Exclusion.

Returning Member
Feb 2, 2021 10:32:45 AM

I worked two jobs.  One took out state the other didnt.  So do i just put in the total amount of income that did not withhold state taxes?  in the exclusion line? 

Expert Alumni
Feb 2, 2021 8:10:48 PM

If it is asking you for an amount to exclude, it would be the amount that is excluded from that state's tax. The fact that the employer didn't withhold has nothing to do with it.

 

Please be aware that you are in a thread that is discussing enrolled members of a tribe who work and live on a tribe’s reservation. If you are in that situation, you can enter the amount you earned while working that job.

 

@traydawg68

New Member
Feb 6, 2021 9:17:43 PM

has this changed for 2021? i cannot find the button that directs me to this. 

Expert Alumni
Feb 9, 2021 1:27:18 PM

@sltimmons9 In your New York return, you will come to a page asking about 'other adjustments to your Federal income'.

 

Continue to 'any other subtractions' and enter the amount of your Native American excluded income.

 

Click this link for more info on Excluded Native American Income for New York.

 

See Sec. 128 from the New York Dept. of Revenue

 

 

 

 

 

New Member
Apr 17, 2023 7:44:56 PM

New York 

Expert Alumni
Apr 18, 2023 6:40:56 AM

The  exclusion still applies in NY for 2022.  The instructions for  IT-225 say "If you are an enrolled member of a tribe or nation recognized by the United States or by New York State, and you are a Native American who works and lives on a reservation, then enter income included in your federal adjusted gross income and earned on that reservation." 

 

In your state return in Turbotax, you will see the screen Changes to Federal Income

  1. Click on  Other  changes (adjustments) to your Federal income under  Other New York adjustments to federal income.
  2. Click Continue.
  3. On the screen Enter Any Other Subtractions, the Native American Income Exclusion is the first choice.

@jkeckley