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Native American corporation retirement plans


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Guest Clain
Posted

Are Native American corporations (tribes, casinos, etc...) required to file a Form 5500?

Posted

I think there is something in PPA06 that specifies plans of Indian tribal governments are to be treated analogously to plans of state and local governments. (Sorry, don't have the text handy.)

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

Note cross reference in PPA section 906 to IRC 7701(a)(40):

The term "Indian tribal government" means the governing body of any tribe, band, community, village, or group of Indians, or (if applicable) Alaska Natives, which is determined by the Secretary, after consultation with the Secretary of the Interior, to exercise governmental functions.

Thus, claiming to be a tribe may not be sufficient, since the Secretary of the Treasury, and Secretary of the Interior, get to decide which group is a legitimate tribe. This point may be relevant because there are some "disputed" tribes.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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