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(1) Definitions. For purposes of this section, the following definitions shall apply:

(a) Business” means and includes all activities conducted with the object of gain, benefit or advantage to the taxpayer or to another person or class, directly or indirectly. It does not include not-for-profit activities.

(b) Conducting business” means commencing, conducting, or continuing in business and also the exercise of corporate or franchise powers as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.

(c) Payroll” means the total value of all compensation paid to employees for services rendered the company in the performance of its regular business. Compensation paid to contractors or persons performing services or supplying goods on contract and upon whom any tax imposed by this section is separately imposed is not to be regarded as payroll compensation.

(d) Personal service business” means the activity of providing labor or information for a fee directly to buyers but operating without the overhead expenses of an office or other place of business separate from that of those purchasing the service.

(e) Tax year” or “taxable year” means either the calendar year, or the taxpayer’s fiscal year when permission is obtained from the Finance Department to use a fiscal year in lieu of the calendar year.

(2) Tax Imposed Upon Business and Occupation.

(a) Tribal Business and Occupation Tax. There is imposed and shall be collected a tax for the act or privilege of conducting business within Samish Indian Country. The Tribal business and occupation tax rate shall be set annually by regulation and shall be determined based upon the percentage of Samish Tribal citizens employed by the business that is the subject of the tax.

(b) Exemptions.

(i) This section shall not apply to the following business activities if persons so engaged are taxed or specifically made exempt from taxes under other provisions of the Samish Tribal Code:

(A) Where the business of providing utility services is taxed under STC 4.30.140.

(B) Where citizens of the Samish Indian Nation engage in the business of making or selling traditional arts and crafts, they shall be exempt from this tax for that portion of their business activities attributable to such arts and crafts.

(ii) Persons whose gross income from the business is less than $1,000 per month shall be exempt from any tax imposed by this section; provided, that persons engaged in a personal service business shall not enjoy this exemption. Provided further, that where one person conducts more than one business activity and the combined measures of the taxable base applicable to such businesses equal or exceed $1,000 per month, no exemption or deduction from the amount of tax is allowed by this subsection.

(iii) Any person claiming exemption under the provisions of this subsection may be required to file returns even though no tax may be due.

(3) Tax Part of Operating Overhead. The Tribal business and occupation tax is not to be construed as a tax upon the buyers or customers of the persons in business, but shall constitute a part of the operating overhead for such persons.

(4) Remittance of Tax. Within 30 days following the end of each calendar quarter every person conducting business or licensed to conduct business within Samish Indian Country shall complete and file with the Tax Officer, on such forms as provided by the Tribe, a statement regarding the previous three months’ business activity. This statement shall be signed by the person responsible for conducting the company’s official business attesting to the accuracy of the statement. Full payment of any taxes due under this section must accompany the statement and be received by the close of the last working day of the month following the end of the quarter for which the taxes were imposed. [Res. 2023-10-018 §§ 1, 2, 2023; Res. 2021-07-011 § 2, 2021.]