Cannabis cash transactions aren’t suspicious says IRS

Following The Money

Large cash transactions by marijuana businesses should not be automatically flagged as suspicious, as per the latest IRS guidance.

The tax agency’s guidance aims to provide clarity on the federal Bank Secrecy Act, which mandates businesses, including banks, to submit Form 8300 within 15 days if they receive $10,000 or more in cash.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

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Those forms enable the filer to categorize a transaction as “suspicious,” providing vital information for investigation by the IRS and the Financial Crimes Enforcement Network (FinCEN) into potential criminal activity.

But classifying a cash transaction from a legitimate cannabis enterprise as suspicious in a defensive manner is a misuse of that designation,” cautioned IRS Special Counsel Charles Hall in a memorandum dated January 22nd.

Links to the IRS Releases

IRS Guidence Release

Federal Bank Secrecy Act

Marking a cash transaction from a “legal” cannabis business as suspicious

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