karla brannen spends a lot of time explaining §280e to cannabis clients.
by 卡塔尔世界杯常规比赛时间 research
cannabizcpa.pro
maine, a.k.a. vacationland, is gearing up to “go recreational,” and cpa karla j. brannen, senior tax manager at albin, randall & bennet cpas, is on the crest of the cannabis wave.
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nobody knows quite yet when the pine tree state will allow the sale of recreational marijuana. in 2016, the people of maine approved a referendum to legalize the sale of recreational marijuana. the governor signed the recreational marijuana rules on june 20, 2019. on september 19, 2019, ld719, an act to amend the adult use marijuana law, went into effect. final adoption of these rules will happen within the next 60 days.
cannabis products have been legal in maine for medicinal purposes for years. licensed medical cardholders are allowed to purchase cannabis through a registered dispensary or through certified caregivers. almost four years ago – even before the referendum – brannen predicted a need for better accountancy in an industry that comes with its own set of complications.
“i saw an emerging market,” brannen says, “and, with that, an emerging need for accounting clarity for the businesses in this market. with the uncertainties in regulation ahead, businesses need a solid understanding of tax regulations, sales tax requirements and compliance. i encourage my cannabis clients to understand maine law and how they are supposed to be operating. as these businesses expand and develop their operations, it’s important for them to have local consultants working alongside them, making sure they are remaining in compliance with maine law.”
brannen, who also serves as the state cpa society’s liaison to the aicpa, says she “jumped right into the industry,” but by “jump” she means first attending seminars, webinars, and conferences, studying court cases, networking with lawyers, studying state and federal laws, and conferring with other cpas who had gotten their feet wet in the waters of an activity that was and still is considered a federal crime.
“there have been several court cases involving the irs and cannabis businesses,” she said, “so, i follow them closely to ensure i am properly advocating for, educating and serving my clients.”
a lot to learn
having educated herself, brannen’s next (and still ongoing) challenge has been to educate clients. some are dedicated aficionados of america’s most misunderstood medication. others were experienced business people who saw an opportunity. all of them want to know how to fulfill all legal tax and accounting requirements.
and all of them have had a lot to learn. as in other states, accounting for the cannabis business is special. the product is a dea schedule 1 narcotic, lumped in with heroin, lsd and crack. only the direct cost of goods sold is deductible. incompetent or uninformed tax accounting can lead to serious problems with the internal revenue service and, ultimately, the inviability of a business.
“many cannabis businesses have become my clients over the last three years. they are often seeking help filing back taxes, they want to learn and understand what needs to be done where they may not have understood before, and the desire to operate in compliance with the law,” brannen said. “in some cases, their long-term goal has been to make the transition from medical to recreational.”
whether her clients have business backgrounds or not, brannen has to spend a good amount of time explaining the rules and nuances of irc §280e, the section of the irs code that limits deductions for felonious activities to cost of goods sold. (as far as the feds are concerned, brannen’s cannabis clients are, technically, drug traffickers.) because taxable income is higher than for any non-marijuana business, §280e can heavily impact the pricing needed to ensure profits.
brannen advises anyone getting into this industry to check with their liability insurance carrier.
maine plans to impose a special 10 percent sales tax on recreational pot, plus
- excise taxes of $335 per pound on the sale of marijuana flower or mature marijuana plants from cultivator to other licensees,
- $94 per pound for marijuana trim sold to other licensees,
- $1.50 per immature marijuana plant or seedling sold to other licensees and
- $0.30 per marijuana seed sold to other licensees.
from seeds to smokeables
and of course, the state will also be regulating the whole industry, from the procurement and planting of seeds to the ultimate retail sale of smokables and edibles. in some states, a single business entity has to handle the entire supply chain – planting, extracting, preparing, selling – but in maine, these can be separate entities and businesses. cultivators and retailers have distinct licenses.
that whole back-office process isn’t really within the purview of cpas, but accountants may want to keep a finger in the niche. record-keeping, compliance and methodical synchronization of activities mesh well with the cpa skillset. knowing the law, of course, is the most valuable skill that a cpa can offer beyond strict accounting.
know the law? not so easy in the state of maine. the law that went into effect this september is still a little vague. the maine office of marijuana policy (omp) has spent the last several months developing forms and applications, developing an online platform for the application process and preparing to deploy their track and trace system. there are now preliminary draft rules related to tracking and tracing medical marijuana products. to add to the complexity, each town and city has the option to opt-in for recreational marijuana businesses.
how many cpas?
albin, randall & bennet has approximately 50 employees. in maine, that’s a medium-sized firm. brannen is the firm’s industry leader for cannabis, and she has five people on her team. in september, she had approximately 50 clients in the cannabis industry.
no one really knows how many cpas in vacationland offer services to cannabis clients. few are openly marketing themselves as such because of the dubious legal status of their clients. technically, they could be considered accomplices to a federal felony.
brannen isn’t worried about getting busted, but she warned that it’s risky to get into this business if you don’t know the regulations. but she and her firm know what they are doing, so they’re not keeping it a secret.
“we rebranded ourselves this summer,” she said. “we have a cannabis industry page on our website, and we’re writing articles. a couple of individuals in our professional network have reached out to us after seeing our articles on social media and other areas. the maine state board of accountancy has not issued any marijuana industry-specific guidance for accountants, but the aicpa recommends that cpas should first determine how their state board of accountancy defines and applies the ‘good moral character’ requirement. additionally, cpas who are contemplating providing services to marijuana-related businesses should consider whether their state board would consider it to be an act discreditable under that state’s accountancy statute when a cpa provides services to businesses that violate federal drug laws, even in a state that allows those businesses to operate legally.”
brannen can’t say how big or how quickly the industry will go once recreational retailers open their doors. in portland, where her firm is located, the city is looking to restrict storefront licenses to just 20.
“i’ve met with a few business owners who are looking to be more hands-on in understanding their cannabis business when it comes to taxes and compliance, and they’re just not getting that from other tax preparers. my hope is to be that needed resource to those emerging and those seeking a better understanding.”