Indigenous Treaty Settlement Tax Question: How is Robinson Huron Treaty Money Taxed in the US?
I'm asking for a close friend who's in an unusual tax situation. My friend is a Canadian indigenous person who's currently living and working in the US. He's not a dual citizen - just a Canadian citizen residing in the US. He's about to receive money from the Robinson Huron Treaty settlement in Canada. Basically, it's Canadian Trust money that will be deposited directly into his US bank account. We're trying to figure out the tax implications. How will this settlement money be taxed by the US federal government and his state? What percentage should he set aside for taxes? Are there specific tax forms he needs to file for this type of international indigenous settlement money? Any insights would be super helpful because this is such a specific situation, and we want to make sure he's preparing correctly for any tax obligations!
20 comments


Lincoln Ramiro
This is actually a pretty complex tax situation that touches on international taxation, treaty rights, and possibly some specific exemptions. Your friend should definitely consult with a tax professional who specializes in both US international taxation and indigenous rights. Generally speaking, the US taxes its residents on worldwide income, which would typically include settlements received from foreign sources. However, there are a few important considerations that might apply in your friend's case. The Robinson Huron Treaty settlement might be exempt from Canadian taxation due to indigenous tax exemptions in Canada, but the US doesn't automatically recognize these same exemptions. The US-Canada tax treaty might provide some guidance, but indigenous rights settlements are a specialized area. Your friend should look at filing Form 1040 and possibly Form 8833 (Treaty-Based Return Position Disclosure) if claiming a treaty benefit. He may also need to file an FBAR if the Canadian trust exceeds $10,000 at any point.
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Faith Kingston
•Thanks for the information! Do you know if there's any difference in how the IRS classifies this money? Like, would it be considered income or maybe something else like a gift or inheritance that might be taxed differently?
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Lincoln Ramiro
•Great question. The classification of the payment is crucial for tax purposes. The IRS might consider it as income, but there's a possibility it could be classified as a capital gain, reparation payment, or even exempt income depending on the specific nature of the settlement. If the payment represents compensation for land or rights taken in the past, it might be treated as a capital gain. If it's more like a distribution from a trust established for the benefit of tribal members, it could be considered income. Some tribal distributions in the US are tax-exempt, but those rules don't automatically extend to Canadian indigenous settlements.
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Emma Johnson
When I was dealing with my own cross-border tax situation last year, I was completely lost trying to figure out which forms to file and what exemptions might apply. I tried calling the IRS multiple times but couldn't get through. I ended up using https://taxr.ai which was a massive help for my situation. You upload your documents and it helps interpret how they should be handled for US tax purposes. In your friend's case, the service could analyze the Robinson Huron Treaty settlement documentation and provide guidance on how the IRS would likely classify it. It really helped me understand the treaty implications for my own situation.
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Liam Brown
•How exactly does that work? Does it just tell you which forms to file or does it also help you actually prepare the returns? My cousin has a similar situation with some First Nations settlement money coming in.
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Olivia Garcia
•I'm always skeptical about these tax services for unique situations. How can an AI tool possibly understand the nuances of indigenous treaty settlements? Did it really provide accurate information that an accountant couldn't give you?
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Emma Johnson
•It analyzes your documents and provides specific guidance about which tax forms apply to your situation and how the income should be classified. It doesn't prepare the full return for you, but it gives you the information you need to either do it yourself or provide to your accountant. For specialized situations like indigenous treaty settlements, it actually accesses information about relevant tax treaties and IRS rulings that many general accountants might not be familiar with. I was surprised by how detailed the analysis was - it cited specific sections of the US-Canada tax treaty and previous IRS rulings on similar types of payments. It's not just generic advice.
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Olivia Garcia
I was really skeptical about using an AI tax tool for my unique situation (I had mining royalties from Canada being paid to me in the US), but after struggling with three different accountants who gave conflicting advice, I decided to try https://taxr.ai last month. It actually identified a specific clause in the US-Canada tax treaty that applied to my situation that none of my accountants had mentioned. Saved me thousands in double taxation. It's worth checking out for unusual cross-border situations like your friend's treaty payment. The analysis was surprisingly detailed about the specific tax treatment.
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Noah Lee
If your friend is having trouble getting clear answers from the IRS about how to report this Robinson Huron Treaty money, I'd recommend using Claimyr. The IRS has special Indigenous People's sections but getting through to them is nearly impossible. I was on hold for hours trying to get info about my own indigenous benefits situation. I used https://claimyr.com to connect with an actual IRS agent who specialized in international and indigenous taxation issues. You can see how it works here: https://youtu.be/_kiP6q8DX5c. Basically they wait on hold with the IRS for you and call you when an agent is on the line. I got specific guidance about which forms to file for my situation.
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Ava Hernandez
•Wait, this sounds too good to be true. How does this actually work? Does the IRS know they're talking to some third-party service? And how much does it cost? I've been trying to reach the IRS about my husband's Canadian pension for weeks.
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Olivia Garcia
•I'm calling BS on this. I've tried everything to get through to the IRS about international tax issues and nothing works. How could some service magically get through when the IRS phone lines are constantly jammed? Sounds like a scam to collect people's personal info.
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Noah Lee
•It works by using technology to navigate the IRS phone system and wait in the queue for you. When they reach an actual IRS agent, they call you and connect you directly to that agent. The IRS is talking directly to you, not to a third party - Claimyr just handles the waiting part. The service is especially useful for reaching specialized departments like the international tax division where wait times can be 3+ hours. I was able to speak directly with an IRS representative who could answer my specific questions about treaty benefits. It's not free but considering I spent days trying to get through on my own without success, it was worth every penny to finally get definitive answers.
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Olivia Garcia
I need to publicly eat my words about Claimyr. After posting my skeptical comment, I decided to try it because I was desperate to talk to someone at the IRS about my foreign inheritance situation. I was shocked when I got a call back in about 90 minutes saying they had an IRS agent on the line. The agent was from the international taxation department and gave me clear guidance on how to report my foreign inheritance. They knew exactly which forms I needed and the specific exemptions that applied to my situation. What would have been weeks of frustration turned into a single productive phone call. If your friend needs clarity on how the IRS views Robinson Huron Treaty payments specifically, getting direct confirmation from an IRS agent would be the most definitive answer.
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Isabella Martin
Your friend needs to be super careful with this. Indigenous treaty payments are treated differently depending on what exactly they're for. My cousin received money from a different Canadian settlement and ended up getting audited because he filed it wrong. The key thing is figuring out if this money is considered: 1) Income replacement 2) Damages payment 3) Cultural heritage payment Each one gets taxed differently in the US. The IRS doesn't automatically recognize Canadian indigenous exemptions. Make sure your friend gets proper documentation from the Canadian trust about the EXACT nature of the payment.
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Henrietta Beasley
•Thanks for sharing that experience. Do you know which specific forms your cousin had to file? And did he end up owing a lot in taxes after the audit?
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Isabella Martin
•My cousin had to file his regular 1040 plus a Schedule 1 for "Other Income" where he reported the settlement. He also submitted Form 8833 to claim a treaty position based on the US-Canada tax treaty. The biggest mistake he made was not including Form 8938 (Statement of Foreign Financial Assets) because the money was held in a Canadian trust before distribution. The audit resulted in him owing about 24% of the settlement amount plus penalties for not filing the correct forms. It wasn't the tax rate that hurt him as much as the penalties for incorrect filing. The IRS classified his settlement as "income" rather than accepting his claim that it should be treated as non-taxable restitution. The documentation from the Canadian side wasn't specific enough about the nature of the payment.
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Elijah Jackson
Has your friend checked if there are any specific provisions for the Robinson Huron Treaty in the US-Canada tax treaty? Some indigenous rights agreements have special handling. Also, remember that state taxation is a whole separate issue from federal. Some states are more aggressive about taxing foreign income than others. Which state does your friend live in? That could make a big difference in the overall tax burden.
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Sophia Miller
•This is a really important point about state taxes. I'm from Michigan and we have special provisions for some Native American treaty payments from Canadian First Nations due to our border proximity. My brother-in-law didn't have to pay state tax on his settlement but still had federal obligations.
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Christian Bierman
This is definitely a complex situation that requires careful documentation. One thing I'd add to the excellent advice already given is that your friend should request detailed documentation from the Robinson Huron Treaty settlement administrators about the specific nature and classification of the payment. The IRS will want to see clear documentation showing whether this is compensation for historical land claims, income replacement, or another type of settlement. Having this upfront documentation could save your friend from potential audit issues down the line. Also, given that he's a Canadian citizen residing in the US, he may need to consider his filing obligations in both countries. Canada might still have tax implications even if there are indigenous exemptions, and the US will definitely want their share as he's a US tax resident. I'd strongly recommend setting aside at least 25-30% of the settlement amount for taxes until he gets professional guidance. Better to be over-prepared than caught short when tax time comes around.
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Yara Assad
•This is really solid advice about setting aside 25-30% for taxes. I'm curious though - would the percentage be different if the settlement is classified as a capital gain versus regular income? From what I understand, capital gains rates are generally lower than ordinary income tax rates, so maybe he wouldn't need to set aside quite as much if it gets that classification? Also, regarding the dual filing obligations you mentioned - does Canada typically tax these indigenous settlement payments at all? I thought there were broad exemptions for First Nations people on reserve income, but I'm not sure how that applies to treaty settlements or if being a US resident changes things.
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