Ninth Circuit: Legal Or Not, Marijuana Facility Cannot Deduct Its Expenses

Legalized medicinal marijuana is yesterdays’ news; legal recreational marijuana is the way of the world now, and with each passing year, additional states are considering the legalize-and-tax regime first instituted by Colorado and Washington. While state law is becoming more and more accepting of the idea of free-market marijuana, however, a decades-old provision of the federal tax code remains firmly in place, threatening to administer a painful amount of tax on marijuana facilities, and serving as a greater barrier to entry into the industry than any outdated notion of moral or ethical impropriety.

The IRS has been wielding a little known Code section — Section 280E, to be exact — to wage war on medicinal and recreational  marijuana facilities. Section 280E provides that no deduction — other than the cost to purchase or grow the marijuana inventory, or Cost of Goods Sold (COGS) — shall be allowed for any amount incurred in a business...

Rate this article: 
Region: 

This marijuana news is brought to you by 420 Intel. For the latest breaking cannabis industry news, subscribe to the 420 Intel newsletter. If you'd like to promote your product or service in this area after every article, contact us.


URL: 
http://www.forbes.com/sites/anthonynitti/2015/07/10/ninth-circuit-legal-or-not-marijuana-facility-cannot-deduct-its-expenses/