IRS Warns Taxpayers: These ‘Tribal Tax Credits’ Don’t Exist

The Internal Revenue Service is warning taxpayers, businesses, tribal communities and tax professionals about promoters selling supposed federal tax credits that the agency says don’t exist.
The schemes are being marketed under names including “Tribal Tax Credits,” “Native American Tax Credits” and “Sovereign Tribal Tax Credits,” according to the Internal Revenue Service. Promoters claim taxpayers can purchase the credits and use them to reduce federal tax liabilities or generate refunds.
The IRS’s message is straightforward: there is no federal tax credit by those names.
Taxpayers who put the nonexistent credits on federal returns can face additional taxes, penalties and interest and, in some circumstances, potential criminal consequences.
“Protecting taxpayers and the integrity of the tax system remains central to the IRS mission,” IRS Chief Executive Officer Frank J. Bisignano said in announcing the warning. “For that reason, the IRS will always confront abusive and illegal tax schemes that, if left unchallenged, could undermine confidence in our tax system.”
Promoters May Promise a Large Return on Your Money
According to the IRS, promoters typically encourage taxpayers to buy purported credits from an entity they claim is associated with a tribal community.
The sales pitch may promise a significant return on the taxpayer’s investment because the supposed credit can be used to reduce an existing tax liability or generate a refund.
That can make the offer particularly attractive to a taxpayer facing a large tax bill.
But receiving a refund after claiming one of the credits doesn’t establish that the claim was legitimate. The IRS warns that a federal return claiming a nonexistent Tribal Tax Credit contains a false claim even if the agency initially issued a refund based on it.
Promoters may also tell people who have already claimed the credit to challenge the IRS if their returns are later audited.
The Scheme Can Borrow Language From Real Tax Programs
One reason a fraudulent tax promotion can sound convincing is that promoters may mix false claims with references to legitimate portions of federal tax law.
The IRS says promoters have cited transferable tax-credit provisions that actually apply to certain clean-energy credits and then falsely suggested similar rules allow the transfer of a supposed Tribal Tax Credit.
Other pitches have invoked the legitimate New Markets Tax Credit under Internal Revenue Code Section 45D even though that program doesn’t create the fake credits being sold.
Promoters may also claim that agreements involving federal agencies and tribal governments authorize the credits or that tribal sovereignty somehow creates a transferable federal tax benefit for an unrelated taxpayer.
A complicated explanation filled with government terminology shouldn’t substitute for being able to locate the actual federal tax provision creating the credit.
Watch for These Red Flags Before Paying Anyone
The IRS identifies several warning signs that taxpayers and tax professionals should take seriously.
Be particularly cautious when someone offers a tax credit for substantially less than its claimed face value or says only a limited number of credits remain and you need to act immediately.
Another warning sign is a promoter relying on supposed government agreements that can’t be independently located or verified.
The IRS also cautions about legal opinions that supposedly support the transaction but can’t be verified with the attorney or law firm named in the document.
A request to sign a nondisclosure agreement before receiving important details about how a supposed tax credit works should also prompt additional scrutiny.
The Promoter’s Fee May Be Only the Beginning of the Cost
Promoters can make money by charging taxpayers fees for arranging the supposed credit purchase or preparing documents intended to support the claim.
For the taxpayer, however, the financial consequences can extend well beyond losing that upfront money.
The IRS stresses that taxpayers remain responsible for what’s reported on their returns, even when another person prepared the return or recommended the strategy.
Participation in an abusive tax scheme can result in the IRS assessing the correct tax owed along with penalties and interest.
Depending on the circumstances, abusive tax schemes can also expose participants to fines or criminal prosecution.
Tax Professionals Are Being Warned Too
The IRS warning isn’t directed only at individual taxpayers.
Financial advisors and tax professionals are also being cautioned to watch for promoters attempting to involve them in these transactions.
A professional’s participation can make a questionable strategy appear more legitimate to a taxpayer who assumes an accountant, preparer or advisor has already verified it.
Anyone approached with an unfamiliar credit should independently verify the provision through IRS guidance and federal tax law rather than relying solely on documentation supplied by the person selling the strategy.
If the promoter can’t point to the actual federal law establishing the credit, that’s a major reason to stop before money changes hands or a return is filed.
You Can Report a Suspected Tax Promotion to the IRS
Taxpayers, businesses and tribal communities that encounter one of these promotions can report it to the IRS.
The agency directs people to Form 14242, Report Suspected Abusive Tax Promotions or Preparers, which is specifically intended for reporting suspected abusive tax-avoidance schemes and the people promoting them.
Information about tax fraud and other potentially illegal tax activity can also be submitted through the IRS’s tax fraud reporting system.
The simplest protection is to independently verify any unfamiliar tax credit before purchasing it, paying a promoter or allowing it to appear on a federal return.
And in this particular case, taxpayers don’t have to wonder whether a “Tribal Tax Credit,” “Native American Tax Credit” or “Sovereign Tribal Tax Credit” is a little-known federal tax break. The IRS says these purported federal credits don’t exist.





