§1407 — Title 25 Indians | U.S. Code

Summary

None of the following funds are covered: money paid per person or held in trust under a plan approved under this chapter; money that on January 12, 1983 was to be paid per person or held in trust under a plan Congress approved before that date; money paid under a plan Congress approved after December 31, 1981 but before January 12, 1983 (and things bought with that money); and money the State of Minnesota paid to the Bois Forte Band of Chippewa Indians or the Grand Portage Band of Lake Superior Chippewa Indians under their agreements to limit hunting and fishing rights in territory ceded by the Treaty of September 30, 1854 (10 Stat. 1109). This also includes any interest earned on those funds while they are held in a minor’s trust.

Title 25, §1407

Indians — Source: USLM XML via OLRC

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 11 So in original. The word “or” probably should not appear.

(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 or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band to voluntarily restrict tribal rights to hunt and fish in territory cede 22 So in original. Probably should be “ceded”. 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 minor’s trust,

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, 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

2014—Par. (4). Pub. L. 113–290 substituted “or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band” for “pursuant to the agreements of such Band”. 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”.

§1407 Tax Exemption; Resources Exemption Limitation