When do nations tax? The adoption of property tax codes by First Nations in Canada

• Published in: Public choice Vol. 199; no. 3-4; pp. 285 - 318
• Main Authors: Feir, Donn. L., Jones, Maggie E. C., Scoones, David
• Format: Journal Article
• Language: English
• Published: New York Springer US 01.06.2024; Springer Nature B.V
• Subjects: Economics; Economics and Finance; Jurisdiction; Legislation; Local government; Native North Americans; Political Science; Property taxes; Public Finance; Tax revenues; Taxation; Canada; First Nations; H71; Indigenous; P48; H12; H11; Taxation; State evolution; Property; Public finance
• ISSN: 0048-5829; 1573-7101
• DOI: 10.1007/s11127-022-01039-4

Recent changes in Canadian legislation have enabled First Nations to adopt property taxation and other forms of taxation on reserves, thereby allowing them to directly finance their local governments through local tax revenues. In this paper, we compile data on the passage of First Nations tax laws over a 30-year period from a centralized national database on First Nations by-laws, the First Nations Gazette . We combine those data with additional sources to analyze the factors that are associated with First Nations exercising their taxation authority. We find evidence of geographic policy diffusion consistent with First Nations learning from their neighbors and direct evidence that formal educational and institutional resources are important correlates of tax law adoption. Understanding that process informs the broader literature on the evolution of taxation structures and local political incentives, the analysis may contain important lessons for Indigenous tax jurisdiction in other contexts. It is also a critical first step towards assessing the long-term consequences of First Nations’ new fiscal powers.