Double Taxation Entrenchment
DISCUSSION
Mapping Tribal-State Taxation Compacts and State Statutes
Lauren van Schilfgaarde
Discussant: Aviv Caspi
Paper in one slide
262
tribal-state compacts
370
state statutes
97
regulations
QUESTION
Do compacts remedy the double taxation that Cotton Petroleum permits?
FINDINGS
PROPOSAL
Territorial tax authority for tribes, modeled on California Regulation 1616.
2
Which tribes sign compacts?
SUGGESTION 1
MOTIVATION
Tribes sign compacts when it beats its outside option.
Selection should place signed compacts above the baseline.
PROPOSAL
Build a tribe-by-tax-category table. Report the share of tribes with a compact in each category.
Compare tribes with and without compacts on enrollment, distance to a metro area, and gaming revenue.
3
Why are some compacts more generous than others?
SUGGESTION 2
MOTIVATION
The paper documents wide variation in tribal shares across states and commodities.
Collection is one candidate explanation. A state's right to tax differs from its ability to collect.
Oklahoma Tax Commission v. Citizen Band Potawatomi (1991)
The state may tax sales to nonmembers. Sovereign immunity bars a suit against the tribe to collect.
Wagnon v. Prairie Band Potawatomi Nation (2005)
Kansas taxed the off-reservation distributor that supplied the tribe's station.
4
Test whether collection explains the terms
SUGGESTION 2
PREDICTION
The tribal share is higher where collection requires the tribe (paper says this about New Mexico's 75% remittance on internet sales)
PROPOSAL
5
When is rate parity a concession?
SUGGESTION 3
MOTIVATION
The paper discusses parity as a price tribes pay for other terms.
Parity can also prevent a race to the bottom! Neighboring governments that compete for the same shoppers cut rates, and both lose revenue.
In Kanbur and Keen (1993), a minimum rate raises revenue for both jurisdictions. Full harmonization costs the smaller one. The paper codes both forms: 19% of records set a floor and 27% require exact parity.
7
Separate the rate rule from the revenue split
SUGGESTION 4
Parity, and the state keeps the revenue
The tribe gives up its price advantage and receives little in return. This is the concession the paper describes.
Parity, and the state exits
Both governments avoid a rate war. The tribe collects the entire tax. California Regulation 1616 and the Nevada cannabis compacts take this form.
PROPOSAL
Treat parity as a coordination mechanism as well as a cost. Cross-tabulate parity clauses with revenue terms, and report the tribal revenue share for each group.
8