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?

[IsabellaG]

Which state?

[kellyskn]

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

[pamunkeykim]

virginia

[pamunkeykim]

looking for an exemption form

[smurfjr2]

north carolina

[charliewainanwit]

Warm Springs Oregon

[IsabellaG · Accepted solution]

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.

[traydawg68]

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! 

[MarilynG1]

@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.

[traydawg68]

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? 

[KrisD15]

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

[sltimmons9]

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

[MarilynG1]

@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. 

[jkeckley]

New York