NY Tolls ,Taxing in Native American Territory

morningstar55ny

Veteran Expediter
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wgrz.com | Buffalo, NY | Senecas Could Respond to Cigarette Tax with Thruway Sanctions

The link above has more .. with pics and feed back from readers.


The Seneca Nation of Indians says it is devising a plan to collect tolls on the New York State Thruway that runs through native land in Irving. This is a response to the state's plan to collect taxes on cigarettes sold to non-natives.

Seneca Nation President Barry E. Snyder Sr., supported by the Tribal Council, says he's announced a series of actions designed to protect the Seneca people from state incursions into their lives, while elevating the Nation's response level to New York State's threatening decisions.

The Council approved planning to devise a system for the Nation to collect tolls on the New York State Thruway in Irving; authorized an action filed in the Nation's tribal courts for an advisory opinion to declare the Thruway an illegal invasion of sovereign Nation territory; and increase to $2 the current per-car toll the Nation charges the state on behalf of motorists using it; and, Senecas are being encouraged to make provisions for stockpiling basic needs.

"These decisions are not made in haste, nor are they an overreaction," President Snyder said. "But given our history that the state twice tried to interfere with our treaty rights to tax-free commerce, the only responsible approach is to protect our people by preparing for the worst."

The Council also authorized President Snyder to invoke the provisions of the Canandaigua Treaty of 1794 and ask President Obama next week to provide federal troops in the face of the state's threatening laws and past history of aggression against the Seneca people.

The Nation's position regarding the Thruway stems from a Council vote on April 14, 2007 that rescinded the 1954 agreement with the state for use of Nation land for its highway. According to a news release from the Senecas, the Nation and the state have yet to discuss outstanding compensation for past land use, but the state has refused to pay the $1 assessed on motorists since May 12, 2007. The nation says monthly bills to the state are in arrears by a total of $20,247,557.

The nation's actions come in the wake of Governor David A. Paterson's December 15, 2008 signing of a bill that would attempt to tax wholesalers who supply products to the Nation's retail sector. By temporary order of State Supreme Court Justice Rose Sconiers, that law cannot presently be enforced, and a hearing is scheduled for January 27, 2009 to determine whether a permanent injunction should be issued.


WGRZ-TV/wgrz.com/Seneca Nation of Indians
 

OntarioVanMan

Retired Expediter
Owner/Operator
Theres no restrictions of free commerce between native indians...it is only when the Native business goes off reserve and buys smokes and booze @ tax free from the white man and brings them on reserve and then marks them up and sells them to a NON-RESERVE resident. PA and Ohio including NY taxpayers are taking it on the chin...for this obvious tax evasion.
If the money owed to NY state is for real the Indians could easily withhold the states take from the casinos. Something bigger is afoot then what appears because a solution is so obvious....
 

RLENT

Veteran Expediter
Theres no restrictions of free commerce between native indians...
There's no restriction on any commerce that occurs within the Indian Nations between anyone - unless you think that "not disturb" and "in the free use and enjoyment thereof" means something entirely different than what I do ....

"Article 4. The United States have thus described and acknowledged what lands belong to the Oneidas, Onondagas, Cayugas and Senecas, and engaged never to claim the same, not disturb them, or any of the Six Nations, or their Indian friends residing thereon, and united with them, in the free use and enjoyment thereof; .........."

it is only when the Native business goes off reserve and buys smokes and booze @ tax free from the white man and brings them on reserve and then marks them up and sells them to a NON-RESERVE resident.
Generally speaking, purchases at wholesale (for items to be resold) are not taxable. Sales at retail are generally taxed in those places where there is a sales tax. Apparently, the Indians are not real keen on having a sales tax - so no harm, no foul. It's their choice.

PA and Ohio including NY taxpayers are taking it on the chin...for this obvious tax evasion.
Heheheh .... gotta love yer logic here OVM .... the taxpayers are taking it on the chin ..... by the (actual) taxpayers going somewhere and buying something that they don't have to pay taxes on ......

..... umm ..... yeah .......

You would have been correct if you had said the "governments of PA, OH and NY are taking it on the chin ....."

But the taxpayers ? No, afraid not ....

And obvious tax evasion ? Last time I looked, it was perfectly legal to structure ones affairs in order to pay the least amount of taxes possible ...... it the American way.

We are talking about the rights of a sovereign nation to be left alone and not have another meddling in their affairs ....

I understand that yet another bunch blood-sucking of politicians are unhappy about not being able to extract more coin from the pockets of their constituents ........ but thankfully, there are still some limits on how much these parasites can steal.
 

TeamCaffee

Administrator
Staff member
Owner/Operator
Fuel ends up costing you much more then you see. The pump price looks good but you still have to pay your fuel taxes on that fuel.
 

OntarioVanMan

Retired Expediter
Owner/Operator
Sorry...but taxpayers do take a hit...the lost revenue has to be made up somewhere.....

In Canada the 6 Nations can not sell to anyone without a North American Card. I.D. The Indians fought it up there and lost....Again... The RCMP sometimes sit and do inspections....they are the only ones allowed on reserves with any power....The Feds.

Tax free status is supposed to benefit the Indians, NOT the people (white man) off the reserve.
 
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