Best & Flanagan


Native American Law: Tax & Financing

Best & Flanagan is on the cutting edge of obtaining favorable tax solutions for tribal clients, including beneficiaries of tribal minors’ trusts and for tribal members participating in tribal housing and other social benefit programs. We represent individual tribal members, tribal government and tribal entities before both state revenue departments and the IRS. Several of our attorneys have served on the IRS Advisory Committee for Tax Exempt and Government Entities. We are well versed in all areas of federal Indian law, tribal laws, compacts and critical agency advocacy strategy.

Our attorneys are regularly involved in complex financing for tribal gaming, infrastructure and tribal business development entities. We are frequently called upon to negotiate, structure and draft all related financing arrangements for economic expansion initiatives. We represent tribes in financing transactions and underwriting bonds on behalf of tribes or trustees that have acted as fiduciaries on such transactions.

Our lawyers advise clients on essential government purpose bonds for such projects as health centers, infrastructure improvements, land acquisition and tribal administration buildings, as well as private activity tax exempt bonds for manufacturing facilities and taxable loans for casino improvements. Additionally, we have closed taxable loan transactions initiated by banking institutions or by investment banking firms who may participate out the loan to other financial institutions. In some instances, the total financing transactions have involved the issuance of both tax exempt debt and taxable debt.