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New York May Try Collecting Cigarette Taxes from Native Americans
October 29, 2009

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News Summary

New York lawmakers are considering collecting unpaid taxes on cigarettes sold by Native American tribes to non-Indians as a way to help address the state's budget deficit, the Associated Press reported Oct. 27.

At an upcoming budget meeting in Manhattan, officials will look at the benefits of the potential tax revenue as well as hear concerns about collecting the taxes, including the possibility that doing trying to do so would lead to violent confrontations between the state and the tribes, as it did in the 1990s.

Lawmakers, tobacco companies and anti-smoking activists say $400 million or more in revenue could be collected from the tribes.

Tribes such as the Seneca Indian Nation argue that they are protected from taxation under treaties signed back in 1794. The tribes also say their sales provide millions in revenue that directly benefit local communities.
 
Tobacco companies such as Altria say enforcing the law will help prevent their products from being sold illegally, as well as counterfeiting.

"The failure to collect the tax is a major public-health problem," said Russ Sciandra, head of the Center for a Tobacco Free New York. "There are thousands of people who would quit smoking if they had to pay full price." 

COMMENTS ON THIS ARTICLE:

Posted by Phil Hewett on 30 Oct 09 10:17 AM EDT
The Iroquois Conferderacy is a sovereign nation and the elements (the 6 tribes) maintain that status. Will this be yet another incident of breaking another treaty agreement for the sake of economic convenience? Seems "...health problems..." become a primary concern when self righteous indignation masks greed.

Posted by Marlene Bear on 30 Oct 09 11:57 AM EDT
States who choose to go Tobacco-Free have that right and to suffer the consequesces of losing taxes. They do not have the right to interfere with Indian Nations under our Treaty Rights. We have Treaty Rights, a legally binding Contract, because we were forced to give up millions of acres of lands so that "America" could be established and opened up to Europeans. We were never compensated. When does the abuse and terriorism stop in America against Native Americans? It is NOT ACCEPTABLE! If its MONEY, as usual, why not go after large Alcohol Corporations that are rich. Seventy percent of PREVENTABLE diseases, injuries, violence, crimes and death are caused by alcohol abuse. These high percentages cost money! Think about it! It is clearly a racial issue.

Posted by Diane on 30 Oct 09 05:53 PM EDT
The tribes have a right to not be taxed by the Federal government on cigarettes. However, the buyers do not. It would be the same if a person bought a bunch of cigarettes in a neighboring state in order to avoid higher taxes in their own state. It is a crime and they can be charged with tax evasion, or worse if they distribute them to any body (even if they just give them to their friends). If the police want to hang out just off the reservation and search people to see if they are bring in contraband to their state, go ahead. I don't know that this is a good use of resources, however.

Posted by Diane on 30 Oct 09 05:59 PM EDT
Actually,Ms. Bear, if you discount accidents, the long-term health effects are greatest for tobacco smokers, not alcohol drinkers.

Posted by Marlene Bear on 02 Nov 09 01:39 PM EST
Diane, the tribes have a right to NOT be taxed by state governments. However, in some rare cases, some tribes will work out an agreement with a state. I agree that the long-term health effects are great for tobacco smokers; that is a given. However, in Indian Country, our most serious health issues, besides indequate funding, are alcoholism and diabetes. I am coordinating an alcohol prevention program under SAMSHA and I am well aware of national statistics of alcohol abuse. Large alcohol corporations have the money to fight legislation and are politically untouchable. You have a few poor tribes trying to survive economically while the states continue to "bully" us for what little resources we have left.

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