Dual Taxation

Abstract

Dual taxation in Indian Country happens when a state assesses taxes on private, nontribal activities or transactions on tribal land in addition to taxes assessed by a tribe. This paper analyzes the economic consequences of dual taxation. The paper sketches the evolution of dual taxation in case law, presents a conceptual economic model for analyzing how tribal tax revenues can affect economic welfare, and suggests a systematic way to undertake a balancing analysis that would promote a more consistent approach to balancing tribal and state interests. This conceptual approach can be applied in future research.