FROM THE ARCHIVE

Military to stop state taxation

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DECEMBER 13, 2000

The Pentagon will stop withholding state taxes of certain tribal members who are in the military, announced Representative George Miller (D-Calif) on Tuesday.

According to federal Indian policy, tribal members who live and work on tribal land are exempt from state taxation even if they enter the military. But the Pentagon had been withholding the tax on behalf of states.

A member of the the House Resources Committee, Miller organized the effort to change Pentagon policy. The Pentagon had argued that the Soldiers' and Sailors' Civil Relief Act didn't apply to Native Americans, but recently changed their mind after the Department of Justice issued a legal opinion on the issue.

"This decision redresses a decades old wrong and returns to thousands of Indians in the military money to which they are entitled," said Miller. "The Administration's decision is also an important recognition of the sovereign rights of Indian Tribes in our country."

Miller said tribal members might be able to seek refunds for past taxes withheld but there may be a time limit for those who have retired.

Get Miller's Press Release:
After pressure from Rep. Miller and Indians, Pentagon concedes on Tax Withholding issue (Rep George Miller 12/13)

Relevant Links:
Rep. George Miller - www.house.gov/georgemiller
House Resources, Democrats - resourcescommittee.house.gov/democrats
Soldiers and Sailors Civil Relief Act of 1940 - counsel.cua.edu/FEDLAW/Soldiers.htm