25-U.S.C.-1407

25-U.S.C.-1407

§1407 – Tax Exemption; Resources Exemption Limitation

Pathway

Title 25 > Chapter 16 > Section 1407

Details

  • Reference: Section 1407
  • Legend: §1407 – Tax Exemption; Resources Exemption Limitation
  • USCode Year: 2013

Provision Content

None of the funds which—

(1) are distributed per capita or held in trust pursuant to a plan approved under the provisions of this chapter, or 

(2) on January 12, 1983, are to be distributed per capita or are held in trust pursuant to a plan approved by the Congress prior to January 12, 1983,

(3) were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to January 12, 1983, and any purchases made with such funds, or

(4) are paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians pursuant to the agreements of such Band to voluntarily restrict tribal rights to hunt and fish in territory cede  under the Treaty of September 30, 1854 (10 Stat. 1109), including all interest accrued on such funds during any period in which such funds are held in a minors trust,

including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [42 U.S.C. 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.

(Pub. L. 93–134, §7, Oct. 19, 1973, 87 Stat. 468; Pub. L. 97–458, §4, Jan. 12, 1983, 96 Stat. 2513; Pub. L. 106–568, title VIII, §818, Dec. 27, 2000, 114 Stat. 2918.)

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2000—Par. (4). Pub. L. 106–568 added par. (4).

1983—Pub. L. 97–458 amended section generally. Prior to amendment, section read as follows: None of the funds distributed per capita or held in trust under the provisions of this chapter shall be subject to Federal or State income taxes, and the per capita payments shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act.

U.S. Encyclopedia of Law Coverage

25-U.S.C.-1311 in the Legal Encyclopedia: Indians

In this entry about 25-U.S.C.-1311, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.

25-U.S.C.-1402 in the Legal Encyclopedia: Distribution of Judgment Fund

In this entry about 25-U.S.C.-1402, find legal reference material, bibliographies and premiere content related to distribution of judgment fund in the American Encyclopedia of Law, presenting a comprehensive view of the United States distribution of judgment fund-specific issues, written by authorities in the field.

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