Oklahoma Supreme Court Upholds State Tax Jurisdiction Over Tribal Members
Oklahoma Supreme Court Upholds State Tax Jurisdiction Over Tribal Members

Oklahoma Supreme Court Upholds State Tax Jurisdiction Over Tribal Members

News summary

The Oklahoma Supreme Court ruled that the state can impose income taxes on tribal members living and working on a reservation, rejecting claims for tax exemptions based on tribal status and limiting the scope of the 2020 McGirt ruling to criminal jurisdiction only. Alicia Stroble, a member of the Muscogee (Creek) Nation who worked for the tribe and lived on non-trust private land, sought exemption from state income tax, but the court found her residence was not on Indian trust land, and thus not exempt. Governor Kevin Stitt praised the 6-3 ruling as a victory for tax fairness, emphasizing that the decision prevents a two-tiered system of tax rules based on race and maintains equal treatment of all Oklahomans. The court clarified that the McGirt decision, which recognized nearly half of eastern Oklahoma as reservation land for criminal law purposes, does not extend to civil and tax matters. The ruling affirms that the state retains jurisdiction for civil issues such as taxation, and that attempts to apply McGirt beyond criminal cases have no legal basis. The Muscogee Nation expressed disappointment, highlighting ongoing legal complexities over sovereignty and jurisdiction.

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