Illegal Taxation of Native American Service Members sign now

Dear U. S. Legislators,



During the 108th Congress, Representative Udall of New Mexico introduced H. R. 5275 The American Indian Veterans Pay Restoration Act of 2004. This bill was introduced to rectify a mistake by the Department of Defense in the collection and distribution of state income taxes for Native American Service Members on active duty prior to 2001 and who were domiciled on Indian Lands.



This bill was introduced to the House of Representatives on October 7, 2004, and was immediately referred to the House Committee on Armed Services with introductory remarks made by Representative Udall. Since that day, no action has been taken on this important piece of Legislation.



Mr. Udall stated Prior to 2001, Native Americans who served their country in the armed forces had their active duty pay taxed by the state, despite claiming the reservation as their home. The law is now well established that this policy was wrong and, in keeping with tribal sovereignty, the policy of withholding states taxes on these soldiers' pay was changed. This position is reflected in administrative opinions, Fatt v. Utah, 884 P2d 1233 (Utah 1994), a 2000 Department of Justice (DOJ) opinion, a Department of Defense (DOD) policy instituted in 2001, and most recently, in Public Law 108-189, a law that passed this House unanimously.

However, while these changes stopped the improper practice of withholding taxes, the changes do not apply retroactively. Current federal law provides that statutes of limitations toll during a member's service, but the ability to recover withheld taxes is still limited by state statute of limitations on filing for refunds. The result is that hundreds, or perhaps thousands, of tribal members whose state taxes were improperly withheld during their service to our country are unable to recover the money that is owed to them.

We hereby Petition the Congress of the United States to rectify this situation by reintroduction and swift passage of a bill that would refund the state tax monies due to those Native American Service Members who were illegally taxed.



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Latest Signatures

  • 09 January 2016500. Kelly S
    I support this petition
  • 28 December 2015499. Geyatahi Savage
    I support this petition
  • 17 December 2015498. Les B
    I support this petition
  • 14 December 2015497. David Wd
    this unjust action has been allowed to linger like a sore tooth until it has festered in the hearts of many it has nothing to do with party lines y'all seem to use as an excuse to delay or tack on other pork to a bill just look deep into your soul and sta
  • 02 December 2015496. Cheryl Lf
    I support this petition
  • 28 November 2015495. Ismael S
    I support this petition
  • 13 November 2015494. Jedonna S
    I support this petition
  • 07 November 2015493. Tammy Lh
    I support this petition
  • 21 October 2015492. Robert B
    I support this petition
  • 19 October 2015491. Lester Hd
    please treat native peoples better !!!
  • 05 October 2015490. Melissa M
    I support this petition
  • 19 September 2015489. Shanna L
    I support this petition
  • 27 August 2015488. Susan D
    I support this petition
  • 21 August 2015487. Clarissa Jeanholt
    Illegal taxation sucks!
  • 08 August 2015486. Anthony Spottedeagleg
    I support this petition
  • 02 August 2015485. James Rrusselli
    Regardless of who was wronged, do the right thing.
  • 26 July 2015484. Tim Kelleyi
    I support this petition
  • 25 July 2015483. Mose H
    I support this petition
  • 17 July 2015482. Irene E
    Glad someone is looking out for our service men!
  • 13 July 2015481. Kirk Littleredhawkg
    I support this petition
  • 05 July 2015480. Darlene D
    I support this petition
  • 23 June 2015479. Roseline Af
    I support this petition
  • 19 June 2015478. Debra Am
    I support this petition
  • 04 June 2015477. Margaret H
    This Nation needs to do what is right by it's veterans
  • 30 May 2015476. Jet T
    Our vets deserve this refund
  • 23 May 2015475. Christine Z
    Do The Right Thing
  • 07 May 2015474. James Ed
    AMERICAN INDIAN VETERAN

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Nichole HoBy:
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Petition target:
U. S. Congress

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