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A New Jersey Senate committee approved a pair of bills on Thursday that would allow licensed marijuana businesses to deduct certain expenses on their state tax returns, a partial remedy as the industry continues to be blocked from making federal deductions under Internal Revenue Service (IRS) code known as 280E.<\/p>\n
The Senate Budget and Appropriations Committee took up companion measures from its chamber and from the Assembly, making them identical before advancing them in a unanimous vote.<\/p>\n
The version from Assemblymember Annette Quijano (D) passed that full chamber in October<\/a>. It was previously amended in committee, with members agreeing to remove an earlier provision that would\u2019ve made it so only cannabis licensees with gross receipts less than $15 million would be eligible for state tax deductions.<\/p>\n The Senate version was amended<\/a> on Thursday to include those Assembly revisions before both were approved together.<\/p>\n While many state tax policies simply mirror federal law, the legislation says that, for the purposes of the New Jersey\u2019s tax code, a licensed cannabis business\u2019s gross income \u201cshall be determined without regard to section 280E of the [federal] Internal Revenue Code.\u201d<\/p>\n When it comes to federal tax policy, those businesses would still be subject to the IRS 280E code, which precludes entities that illegally sell Schedule I or II drugs from making key tax deductions in their federal filings. But if the New Jersey proposal is enacted, the licensed cannabis industry could at least see some state-level relief.<\/p>\n The\u00a0legislation<\/a>\u00a0\u201cshall apply to taxable years beginning on or after January 1 following enactment,\u201d it says.<\/p>\n \u2014 A fiscal analysis released last year found that the bill<\/a> would likely have mixed economic impacts.<\/p>\n On the one side, the decoupling from federal 280E policy is expected to \u201cresult in an indeterminate annual loss of revenue\u201d for the state because marijuana businesses would be eligible for relief from taxes that they currently pay.<\/p>\n On the other side, the Office of Legislative Services (OLS) said that \u201cproviding access to these deductions and credits may also help generate more economic activity by cannabis businesses,\u201d and so \u201cthe State and local governments that tax cannabis businesses might indirectly realize an indeterminate amount of additional annual revenue.\u201d<\/p>\n New Jersey isn\u2019t the only state that\u2019s working to address the unique financial challenges that the cannabis industry faces under federal prohibition.<\/p>\n Iowa cannabis regulators said that they would be asking the legislature to take up reform<\/a> to similarly decouple state businesses from federal 280E penalties while also exempting medical cannabis from state sales taxes.<\/p>\n Last year, a Pennsylvania House committee advanced legislation<\/a>\u00a0to similarly make it so medical marijuana businesses could receive state tax deductions for expenses they\u2019re currently prohibited from claiming under federal tax law.<\/p>\n New York\u2019s governor signed a budget proposal last year that similarly includes provisions to let marijuana businesses take state tax deductions<\/a>.<\/p>\n In 2021, congressional researchers\u00a0examined tax policies and restrictions<\/a>\u00a0for the marijuana industry\u2014and how those could change if any number of federal reform bills are enacted.<\/p>\n A number of standalone bills to remove the 280E penalty\u2019s application on marijuana businesses have been filed over the years in Congress\u2014including one introduced by Rep. Nancy Mace (R-SC)<\/a> at the end of the last session\u2014but none have ever been given a hearing or a vote.<\/p>\n For the time being, the marijuana industry continues to face tax policy challenges under the umbrella of prohibition. And the Congressional Research Service (CRS) noted that IRS \u201chas offered little tax guidance about the application of Section 280E.\u201d<\/p>\n IRS did\u00a0provide some guidance in an update in 2020<\/a>, explaining that while cannabis businesses can\u2019t take standard deductions, 280E does not \u201cprohibit a participant in the marijuana industry from reducing its gross receipts by its properly calculated cost of goods sold to determine its gross income.\u201d<\/p>\n The IRS update seemed to be\u00a0responsive to a Treasury Department internal watchdog report<\/a>\u00a0that was released in 2020. The department\u2019s inspector general for tax administration had criticized IRS for failing to adequately advise taxpayers in the marijuana industry about compliance with federal tax laws. And it directed the agency to \u201cdevelop and publicize guidance specific to the marijuana industry.\u201d<\/p>\n Back in New Jersey, regulators issued proposed rules for marijuana consumption facilities<\/a> this week.<\/p>\n New Jersey Regulators Release New Rules For Marijuana On-Site Consumption Areas, Open Public Comment Period<\/a><\/p>\n<\/blockquote>\n\n The post New Jersey Senate Committee Approves Bills To Let Marijuana Businesses Claim State Tax Deductions As Partial 280E Workaround<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A New Jersey Senate committee approved a pair of bills on Thursday that would allow licensed marijuana businesses to deduct certain expenses on their state tax returns, a partial remedy as the industry continues to be blocked from making federal deductions under Internal Revenue Service (IRS) code known as 280E.Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":60921,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/60920"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=60920"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/60920\/revisions"}],"predecessor-version":[{"id":60922,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/60920\/revisions\/60922"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/60921"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=60920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=60920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=60920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nRead More: New Jersey Senate Committee Approves Bills To Let Marijuana Businesses Claim State Tax Deductions As Partial 280E Workaround<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"