aicpa embraces opportunities and warns of risks.
by 卡塔尔世界杯常规比赛时间
the cannabis cpa
not long ago, the last thing you’d expect to see on the cover of an aicpa report would be images of marijuana leaves and cash, along with a rather edgy headline: “marijuana and forensic accounting—high time for cpas?”
more on cannabis: 5 do’s and don’ts of marketing yourself as a cannabis accountant | cannabis: thc vs. cbd critical differences | cpa cathro goes 90% cannabiz in the bay state | cannabis cpa readies for when maine ‘goes recreational’ | new to cannabis? maybe a joint venture is an answer | formulating new guidance for cannabis clients | integrity wins in cannabis accounting | cannabiz meets intellectual property protection | more > > >
exclusively for pro members. log in here or 2022世界杯足球排名 today.
the quarterly “aicpa forensic and valuation services” report is dedicated exclusively to the provision of services to businesses committing a federal felony, though at the state level, it’s not a crime…it’s an opportunity.
the report introduces the topic with a note that cpas are generally “well-versed in the typical federal versus state issues when it comes to taxation…[but] the concept of cpas in general practice and forensic accounting working in the world of the cannabis industry takes the federal versus state issue to another level.”
it sure does. the medical and recreational marijuana industry is a wide-open field, but one with dark, federal clouds on the horizon. but the clouds seem to be blowing in the opposite direction. cannabis businesses are opening in 33 states, and they all need specialized accounting services.
ecstasy lsd, heroin
the report kicks off with a quick history of the drug biz. the controlled substances act still considers cannabis a schedule 1 narcotic, right up there with ecstasy, lsd, and heroin. the cole memorandum, issued in 2013 by former attorney general james m. cole, opposed the federal prosecution of state-regulated cannabis businesses. but in 2018, former ag jeff sessions rescinded the memorandum and issued a memorandum indicating “a return to the rule of law,” prohibiting the cultivation, distribution, and possession of the stuff that states were legalizing within their borders.
but then the joyce amendment prohibited the department of justice from using federal funds to interfere with medical marijuana businesses. the amendment did not, however, protect state-regulated recreational businesses.
state board guidance
cpas are always concerned about disciplinary action by their state boards. of the 33 states that have legalized medical marijuana, the boards of only 12 states have issued positions or guidance on cpa responsibilities. eleven of the 12 (az, ar, co, ct, fl, md, ma, mi, nv, or and wa) generally agree that as long as the cannabis business is legal in the state, and as long as the cpa meets the ethical standards of the profession and has not been convicted of a crime, the board will take no disciplinary action. new mexico determined that it was a legal issue beyond its scope and therefore the board was not able to take a position other than recommending that practitioners seek independent legal advice or discussing the issue with the department of justice of drug enforcement administration.
risks
in that cannabis is a schedule 1 drug, the report cites several risks in offering services to the cannabis industry:
• cpas could be subject to federal racketeering and other laws simply for collecting fees from an illegal business.
• professional liability insurance may not cover criminal investigations and penalties.
• the cannabis industry has myriad restrictions which, if breached, could compromise the legality of providing services to them.
• the tax rules for illegal businesses are different than those of legal businesses. (see irs code 280(e).) cpas need to know what they’re doing to avoid a) criminal charges, b) charges of negligence, and c) endangering the financial health of their clients.
education
the report recommends extensive and ongoing education in the cannabis niche:
• they must conduct research and educate themselves on laws and regulations.
• they must stay current on changes to laws and regulations.
• they can review multiple articles in the journal of accountancy.
• they should review the many case laws regarding taxation and other issues.
• they should network with specialists in accountancy and also cannabis business owners and ceos.
• they should attend seminars and conferences for not just on related accounting issues but the general cannabis industry as well.
business valuation
valuing a cannabis business can be tricky. the agricultural industry tends to use the fair value model, which values assets at fair market value. the unrealized value of cannabis plants can increase the gross margin of a company without any plants being sold. valuing plants need to take into consideration factors that could affect the ultimate sale, such as economic factors, the weather, insects, pathogens, etc., which could lead to large write-offs.
since there is little history or clear guidance for valuing a cannabis business, valuations can vary widely from business to business. the value of the plants themselves is only part of the story. cpas need to look at projected cash flows and adjusted net assets.
potential fraud and other risks
because of the federal illegality, most banks will not get involved in a cannabis business, not even to offer a checking account, let alone a loan. consequently, cannabis businesses have to deal with a lot of cash. they take cash from customers and pay cash for products and suppliers. they pay employees in cash. they have a lot of cash stored outside of a bank.
cash is nice but it comes with an inherent risk of fraud. that potential creates complexities for the industry:
• the potential for fraud led the sec to issue an “investor alert: marijuana investments and fraud.”
• the american bankers association warns that banks face increasing risk as the industry expands.
• investors cannot determine financial condition with any certainty.
• the risk of skimming exists throughout the supply and sales chains.
the report does not offer a conclusion, but the message is clear: the cannabis industry offers great potential to the accounting industry, but it’s a new niche, one fraught with opportunity, obligation, and risk.