South Dakota wins excise tax appeal over contractor work on tribal casino

Tuesday, October 11, 2022 7:23 PM
Photo: Royal River Casino Hotel
  • Carleen Wild, Moody County Enterprise

A federal appeals court has ruled that the Flandreau Santee Sioux must pay an excise tax for work being done on tribal lands by nonmember contractors. Previously, the tribe had been ruled exempt by a Circuit Court judge. The state, in Tribe v. Houdyshell, No. 20-344, challenged that ruling.

The case involved the application of South Dakota contractor’s excise tax on the renovation of the Royal River Casino and Hotel.

No word yet on what exactly the new ruling might mean for businesses that routinely work with the Tribe and Royal River Casino and Hotel, but tribal spokesperson David Kills A Hundred said that the Tribe is deeply disappointed by the decision, “which is contrary to long-existing federal precedent.”