The IRS maintains that marijuana businesses cannot claim federal tax deductions due to its Schedule I classification, despite ongoing efforts to potentially reschedule marijuana under federal law.
IRS Maintains Marijuana Business Tax Deduction Restrictions Despite Potential Rescheduling Efforts
According to the article of Benzinga, the IRS has stated that marijuana businesses cannot claim tax deductions under current rules because marijuana is still considered a Schedule I controlled substance. Despite President Biden‘s recent moves to potentially reschedule marijuana, which could reduce taxes, no final decisions have been made yet. This follows Section 280E of the tax code, which denies deductions for expenses related to businesses dealing with Schedule I or II substances, including marijuana, even in states where it’s legal.
This announcement has led to reactions from the marijuana industry, with companies like Trulieve Cannabis Corp and TerrAscend Corp seeking refunds for taxes paid under Section 280E. They argue that these tax rules create financial challenges. The IRS is reviewing these refund requests but emphasizes that any changes to tax laws must wait for clear decisions from Congress or federal agencies. This ongoing debate in Congress includes proposals, like one from Representative Earl Blumenauer, to change IRS rules so marijuana businesses can get the same tax benefits as other legal industries.
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Waiting for Clarity – Marijuana Industry and Lawmakers Anticipate Federal Tax Policy Shifts
Furthermore, as discussions continue, marijuana businesses and lawmakers are waiting for more guidance and potential changes in federal policies that could affect how these businesses are taxed across the country.