Tribal Tax Empowerment and Jobs Act of 2018

To amend the Internal Revenue Code of 1986 to provide for increased economic opportunities for Native American tribes, and for other purposes. 1. Short title This Act may be cited as the Tribal Tax Empowerment and Jobs Act of 2018 2. Treatment of Indian Tribes as States with respect to certain excise taxes and bond issuances (a) In general Section 7871 (b) Conforming amendments (1) Section 7871(a)(2) of such Code is amended by striking subject to subsection (b), (2) Section 45(c)(9)(B) of such Code is amended by inserting (as in effect before the date of the enactment of the Tribal Tax Empowerment and Jobs Act of 2018 section 7871(c)(3)(E)(ii) (c) Effective date The amendments made by this section shall apply to transactions after, and obligations issued in calendar years beginning after, the date of the enactment of this Act. 3. Indian tribal governments permitted to be shareholders of s corporations (a) In general Section 1361(c)(6) and and (C) an Indian tribal government (as defined in section 7701(a)(40) and including any subdivision of such government and any agency or instrumentality of such government or subdivision), . (b) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 4. Interagency coordination Not later than 1 year after the enactment of this section, the Secretary of the Interior and the Secretary of the Treasury shall coordinate to consult with Indian tribes and with the Securities and Exchange Commission to study, and collaborate to establish regulatory changes necessary to qualify an Indian tribe as an accredited investor for the purposes of sections 230.500 through 230.508 of title 17, Code of Federal Regulations (or successor regulations), consistent with the goals of promoting capital formation and ensuring qualifying Indian tribes have the ability to withstand investment loss, on a basis comparable to other legal entities that qualify as accredited investors who are not natural persons. 5. Making permanent the Indian employment credit and depreciation rules for business property on Indian reservations (a) Indian employment credit (1) In general Section 45A (2) Effective date The amendment made by this subsection shall apply to taxable years beginning after December 31, 2016. (b) Accelerated depreciation for business property on an Indian reservation (1) In general Section 168(j) (2) Effective date The amendment made by this subsection shall apply to property placed in service after December 31, 2017. 6. Priority under new markets tax credit for qualified low-income community investments on Indian reservations (a) In general Paragraph (2) of section 45D(f) or , or (C) which intends to make qualified low-income community investments within a reservation, including any such entity established by a tribe or an economic enterprise which intends to make such investments within a reservation. . (b) Definitions Section 45D(f) of such Code is amended by adding at the end the following: (4) Definitions For purposes of subparagraph (C) of paragraph (2), the terms reservation tribe economic enterprise 25 U.S.C. 1452 . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2017. 7. Low-income housing credit (a) Selection criteria under qualified allocation plans (1) In general Subparagraph (C) of section 42(m)(1) and , and (xi) the affordable housing needs of individuals in the State who are members of Indian tribes (as defined in section 45A(c)(6)). . (2) Effective date The amendments made by subsection (a) shall apply to allocations of credits under section 42 of such Code made after December 31, 2018. (b) Inclusion of Indian areas as difficult development areas for purposes of certain buildings (1) In general Subclause (I) of section 42(d)(5)(B)(iii) of such Code is amended by inserting before the period the following: , and any Indian area (2) Indian area Clause (iii) of section 42(d)(5)(B) of such Code is amended by redesignating subclause (II) as subclause (III) and by inserting after subclause (I) the following new subclause: (II) Indian area For purposes of subclause (I), the term ‘Indian area’ means any Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4103(11) . (3) Eligible buildings Clause (iii) of section 42(d)(5)(B) of such Code, as amended by paragraph (2), is amended by adding at the end the following new subclause: (IV) Special rule for buildings in Indian areas In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4101 25 U.S.C. 4103(22) . (4) Effective date The amendments made by this subsection shall apply to buildings placed in service after December 31, 2018. 8. Recognizing Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs (a) In general Section 23(d)(3) (1) in subparagraph (A), by inserting or Indian tribal government (as defined in section 7701(a)(40) and including any subdivision of such government and any agency or instrumentality of such government or subdivision) a State (2) in subparagraph (B), by inserting or Indian tribal government such State (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 9. Parity for Indian Health Service professionals (a) Exclusion from gross income for payments made under Indian Health Service loan repayment program (1) In general Section 108(f)(4) is amended by inserting under section 108 of the Indian Health Care Improvement Act, 338I of such Act, (2) Clerical amendment The heading for section 108(f)(4) is amended by striking and certain , indian health service loan repayment program, and certain (b) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2017. 10. Opportunity Zones (a) Designation Section 1400Z–1(b) (4) Indian land For purposes of subsection (a), a population census tract located on Indian Land is designated as a qualified opportunity zone. . (b) Indian land defined Section 1400Z–1(c) of such Code is amended by adding at the end the following: (4) Indian land The term Indian land 25 U.S.C. 3501(2) . (c) Number of designations Section 1400Z–1(d) of such Code is amended by adding at the end the following: (3) Indian lands excluded Indian land deemed to be a qualified opportunity zone by subsection (b)(4) shall not be taken into account for purposes of paragraphs (1) and (2). . (d) Effective date The amendments made by this section shall apply with respect to Indian lands after the date of the enactment of this Act.

Summary: Tribal Tax Empowerment and Jobs Act of 2018 This bill extends or modifies several tax credits, tax deductions, and related rules that affect Native Americans tribes.