Copyright 2003 - Wednesday, December 3, 2003

Not taxing Oneidas the right choice

Ode to the Oneida state of taxes:

For whatever reason, Gov. Pataki has again made the wise decision to not enforce sales tax collections from Oneida Indian Nation customers, at least not yet. This being the official comment period, here are a few of mine:

The Nation generates millions of dollars in state and federal income taxes from thousands of non-Indians they employ.

They buy millions of dollars of goods and services from local, regional and national businesses.

Their enterprises have increased traffic at Thruway Exit 33 so much that additional lanes were built.

They've made vast upgrades to the local water systems and are ready to invest millions more.

The Nation buys land back from willing sellers at fair market values. They then provide Silver Covenant Grants to local school districts to help insulate them from any harm during the never-ending "negotiations."

They're also our largest employer. But all of this positive economic impact results in little to no recognition for the effort in return. So what are they doing wrong here?

Well, the Nation won't pay property taxes for its land or act as a sales tax collector for Oneida County. But they can't. They're not an agent or entity of either one.

So the day New York state accepts collection of these taxes might be the day the state has to declare it is in violation of its own constitution. After all, how can New York legally profit from an activity it does not legally allow to exist on state property?

It can't. It would take a constitutional amendment first. Therefore, by not forcing the issue, Gov. Pataki is acting strictly within his constitutional authority.

Achieving tax parity is simple: just provide businesses in proximity to the Nation the same tax structure on the sale of the same products. Sales taxes could gradually be scaled back in as distances increase from Nation businesses.

Profit margins get equalized and wind up staying here where they belong, with local businesses. Federal tax credits for paid property taxes by adjacent businesses could also be enacted, based upon the same type of formula. Let Congress bear some part of the burden.

Local businesses that sell to customers attracted to the area by the Nation will exponentially benefit, just from being in the ultimate "Empire Zone."

The Oneidas fought alongside patriots to help create America. It's ironic they retain the basic original American right of freedom from unauthorized taxation while we don't.

The chorus to raise taxes to achieve parity is out of tune. I'd rather sing for equal margins.

Everyone wins this way, unless you think the state can't live without more of our incomes as we reportedly pay the highest combined state and local taxes in the country.

New York state always gets more than its fair share. The Thruway Authority's "off-shore account" could be sharing its greatly increased revenue from Exit 33 with Verona and Oneida County. Now that would be fair redistribution.

DestiNY USA is gasping for air "while politicians brag about a paperwork solution," quoting a few lyrics from Earth, Wind & Fire.

Conversely, the Oneida Nation is investing in our area and growing without talk, just tons of action.

A destiny is being built all right. It just may be closer than you think. Talk about the mountain coming to Mohammed. Praise Allah!

Greeley Ford is leader and co-founder of the band "Classified." He lives in the Town of Lee.