IRS 280E and Cannabis Businesses

What is IRS Section 280E?

Section 280E of the Internal Revenue Code restricts businesses from deducting typical business expenses from their gross income related to the distribution of Schedule I or II substances per the Controlled Substances Act.

But you still have to pay taxes on it.

Komorn Law PLLC: Your Partner in Strategic Growth

At Komorn Law PLLC, we understand the importance of aligning business strategies with the latest regulatory and tax developments. Our expertise in cannabis law enables us to provide tailored advice that anticipates shifts in the regulatory landscape and leverages them for our clients’ benefit. We encourage cannabis businesses to consult with our team to navigate these changes effectively, ensuring they are positioned to capitalize on new opportunities in a more favorable legal environment.

Strategic Tax Planning for Cannabis Businesses in the New Regulatory Era

As legal professionals at Komorn Law PLLC deeply engaged with the evolving landscape of cannabis law, we are at the forefront of advising and representing businesses navigating these changes.

The recent recommendation by Attorney General Merrick Garland to reclassify cannabis from a Schedule I to a Schedule III controlled substance marks a pivotal shift, promising significant legal and financial implications for the industry.

Decoding the Reclassification Benefits

Cannabis, currently grouped with substances like heroin under Schedule I, has faced disproportionately stringent regulations. This reclassification to Schedule III, which includes less stringently controlled substances such as ketamine and testosterone, rectifies a longstanding regulatory misalignment. It acknowledges cannabis’s lower risk compared to many Schedule II drugs that have contributed to widespread public health issues.

For cannabis businesses, the most immediate benefit of this shift is the potential alleviation from the severe limitations imposed by Internal Revenue Code Section 280E. Currently, businesses involved with Schedule I substances are denied the ability to deduct typical business expenses, drastically increasing their tax burden. The reclassification promises to normalize tax treatments, significantly reducing effective tax rates and enhancing overall business profitability.

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Navigating Beyond IRC 280E

While overcoming IRC 280E is a significant victory, it is just one piece of the tax puzzle for cannabis businesses. Many such businesses operate as C corporations, subjecting them to a flat 21% federal income tax rate on profits, with an additional tax on dividends paid to shareholders. This double taxation framework can lead to an effective tax rate nearing 44.8% at the federal level alone, not including potential state and local taxes.

Given the inherent tax challenges in the C corporation structure, especially regarding asset sales, Komorn Law PLLC advises a strategic reassessment of business structures. The sale of assets by a C corporation incurs federal, state, and local taxes on gains, followed by further taxation of the distributed dividends, compounding the financial burden.

Advising on Strategic Business Realignments

With the regulatory changes on the horizon, it’s critical for cannabis businesses to reevaluate their entity structure. Transitioning from a C corporation to an S corporation or a partnership offers several advantages, primarily the elimination of double taxation on distributions. This can be significantly more tax-efficient, particularly when considering the sale or transfer of business assets.

For businesses anticipating an increase in value following the reclassification, it is crucial to implement these structural changes before this appreciation occurs. Such proactive adjustments can optimize tax efficiencies and enhance the business’s long-term financial health.

Contact Komorn Law for More Insight

At Komorn Law we specialize in cannabis law, providing strategic advice that anticipates regulatory shifts and leverages them for our clients’ advantage.

Consult with our team to navigate changes effectively and position yourself to capitalize on new opportunities in a more favorable legal environment.

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