West Hollywood Approves Cannabis Cafes And Consumption Lounges To Open In 2019.

And you know that the IRS will surely be interested in auditing these businesses!

After spending more than seven months screening over 300 applicants, the city of West Hollywood, California released the names of businesses approved to have actual eateries, lounges, and cafes that allow smoking, vaping, and/or munching on edibles and weed-infused food.

There are five license categories, which brings the following new businesses into West Hollywood:

  • Eight edibles-only consumption area cafes
  • Eight consumption lounges where cannabis smoking, vaping, and edibles can be consumed on-site
  • Eight medical dispensary services
  • Eight new adult-use retail businesses
  • Eight cannabis delivery services

Each business must now secure a West Hollywood business license within the next 12 months, and find a physical location. To view the full list of approved cannabis applicants, click here for the City of West Hollywood website.

Cannabis Is Still Illegal Under Federal Law.

The Federal Controlled Substances Act (“CSA”) 21 U.S.C. § 812 classifies marijuana as a Schedule 1 substance with a high potential for abuse, no currently accepted medical use in treatment, and lack of accepted safety for use under medical supervision.

Generally, businesses can deduct ordinary and necessary business expenses under I.R.C. §162. This includes wages, rent, supplies, etc. However, in 1982 Congress added I.R.C. §280E. Under I.R.C. §280E, taxpayers cannot deduct any amount for a trade or business where the trade or business consists of trafficking in controlled substances…which is prohibited by Federal law. Cannabis, including medical marijuana, is a controlled substance. What this means is that dispensaries and other businesses trafficking in cannabis have to report all of their income and cannot deduct rent, wages, and other expenses, making their marginal tax rate substantially higher than most other businesses.

IRS Guidance On Cannabis.

The IRS issued a memo to provide guidance to its agents on conducting audits of cannabis businesses addressing whether an IRS agent can require a taxpayer trafficking in a Schedule 1 controlled substance to change its tax accounting to conform to I.R.C. §280E.

Not surprisingly that the IRS ruled that IRS agents have the authority to change a cannabis business’ method of accounting so that pursuant to I.R.C. §280E costs which should not be included in inventory are not included in Costs Of Goods Sold (“COGS”) and remain non-deductible for income tax purposes.

Cannabis Tax Audits & Litigation.

It is no surprise that cannabis businesses are proliferating as more States legalize cannabis and make available licenses to grow, manufacture, distribute and sell cannabis. The IRS recognizes this and it is making these cannabis businesses face Federal income tax audits. IRC §280E is at the forefront of all IRS cannabis tax audits and enforcement of §280E could result in unbearable tax liabilities.

Proving deductions to the IRS is a two-step process:
• First, you must substantiate that you actually paid the expense you are claiming.
• Second, you must prove that an expense is actually tax deductible.

Step One: Incurred And Paid The Expense.

For example, if you claim a $5,000 purchase expense from a cannabis distributor, offering a copy of a bill or an invoice from the distributor (if one is even provided) is not enough. It only proves that you owe the money, not that you actually made good on paying the bill. The IRS accepts canceled checks, bank statements and credit card statements as proof of payment. But when such bills are paid in cash as it typical in a cannabis business, you would not have any of these supporting documents but the IRS may accept the equivalent in electronic form.

Step Two: Deductibility Of The Expense.

Next you must prove that an expense is actually tax deductible. For a cannabis businesses this is challenging because of the I.R.C. §280E limitation. Recall that under I.R.C. §280E, taxpayers cannot deduct any amount for a trade or business where the trade or business consists of trafficking in controlled substances…which is prohibited by Federal law. What this means is that dispensaries and other businesses trafficking in cannabis have to report all of their income and cannot deduct rent, wages, and other expenses, making their marginal tax rate substantially higher than most other businesses.

A cannabis business can still deduct its Cost Of Goods Sold (“COGS”). Cost of goods sold are the direct costs attributable to the production of goods. For a cannabis reseller this includes the cost of cannabis itself and transportation used in acquiring cannabis. To the extent greater costs of doing business can be legitimately included in COGS that will that result in lower taxable income. You can be sure the IRS agents in audits will be looking closely at what is included in COGS. Working with a cannabis tax attorney can ensure that you receive the proper treatment of COGS versus ordinary and necessary expenses resulting in the lowest possible income tax liability.

In addition to IRS audits, state cannabis audits are also complex and thorough and generally include all taxes specific and nonspecific to the cannabis business. Potentially at risk is the cannabis license that enables the business to operate. State audits will focus on records regarding sales and use tax, excise taxes, and seed-to-sale tracking records.

Now if your cannabis IRS tax audit is not resolved, the results may be challenged and litigated in the U.S. Tax Court or Federal District Court. The U.S. Tax Court has jurisdiction to hear disputes over federal income taxes before final assessment and collections while the Federal District Court generally requires taxpayers to first pay the liability then seek repayment through a refund request.

Tax Planning For Cannabis Cafes And Consumption Lounges.

For first-year businesses, tax planning usually starts with determining which entity type to select and operate. Common entities used are C-corporations, S-corporation and Limited Liability Companies (LLC). Determining which entity type to select and operate involves the type of business (i.e., cultivator, manufacturer, distributor, retailer) and the risk that if the business is selected for audit, a higher tax liability may be assessed. Cannabis Cafes And Consumption Lounges are in a unique category of being in an “end-user” business like a retailer but having a huge opportunity like a cultivator or manufacturer to leverage expenses into Cost Of Goods Sold. Accordingly, it is essential that any business involving cannabis seek tax counsel early on to make sure the proper entity is used and other tax saving measures are adopted.

What Should You Do?

Prepare your marketing strategy with Sapling, the top digital marketing agency for dispensaries and cannabis companies

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    Do you remember the blockbuster hit film The Matrix that was released in 1999? You may not know this, but it has deep spiritual implications concerning the times we are living in and Bible prophecy.

    It tells a story of how these “agents” are trying to turn us into machines. We are closer then ever before for this to become a reality when they cause us to receive an implantable microchip in our body during a time when physical money will be no more.

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    I found this article very interesting…please read!

    Do you remember the blockbuster hit film The Matrix that was released in 1999? You may not know this, but it has deep spiritual implications concerning the times we are living in and Bible prophecy.

    It tells a story of how these “agents” are trying to turn us into machines. We are closer then ever before for this to become a reality when they cause us to receive an implantable microchip in our body during a time when physical money will be no more.

    You may have seen on NBC news concerning the implantable RFID microchip that some people are getting put in their hand to make purchases, but did you know this microchip matches perfectly with prophecy in the Bible?

    “He (the false prophet who deceives many by his miracles) causes all, both small and great, rich and poor, free and slave, to receive a mark on their right hand or on their foreheads, and that no one may buy or sell except one who has the mark or the name of the beast, or the number of his name…

    You also may have heard of the legendary number “666” that people have been speculating for possibly thousands of years on what it actually means. This article shares something I haven’t seen before, and I don’t think there could be any better explanation for what it means to calculate 666. This is no hoax. Very fascinating stuff!

    …Here is wisdom. Let him who has understanding calculate the number of the beast, for it is the number of a man: His number is 666″ (Revelation 13:16-18 NKJV).

    To see all the details showing why the Bible foretold of all these things, check out this article!

    Article: https://biblewoke.com/rfid-mark-of-the-beast-666-revealed

    GOD is sending out His end time warning:

    “Then a third angel followed them, saying with a loud voice, “If anyone worships the beast and his image, and receives his mark on his forehead or on his hand, he himself shall also drink of the wine of the wrath of God, which is poured out full strength into the cup of His indignation. He shall be tormented with fire and brimstone in the presence of the holy angels and in the presence of the Lamb. And the smoke of their torment ascends forever and ever; and they have no rest day or night, who worship the beast and his image, and whoever receives the mark of his name” (Revelation 14:9-11).

    In the Islamic religion they have man called the Mahdi who is known as their messiah of whom they are waiting to take the stage. There are many testimonies from people online who believe this man will be Barack Obama who is to be the biblical Antichrist based off dreams they have received. I myself have had strange dreams about him like no other person. So much so that I decided to share this information.

    He came on stage claiming to be a Christian with no affiliation to the Muslim faith…

    “In our lives, Michelle and I have been strengthened by our Christian faith. But there have been times where my faith has been questioned — by people who don’t know me — or they’ve said that I adhere to a different religion, as if that were somehow a bad thing,” – Barack Obama

    …but was later revealed by his own family members that he indeed is a devout Muslim.

    So what’s in the name? The meaning of someones name can say a lot about a person. God throughout history has given names to people that have a specific meaning tied to their lives. How about the name Barack Obama? Let us take a look at what may be hiding beneath the surface…

    “And He (Jesus) said to them (His disciples), ‘I saw Satan fall like lightning from heaven'” (Luke 10:18).

    In the Hebrew language we can uncover the meaning behind the name Barack Obama.

    Barack, also transliterated as Baraq, in Hebrew is: lightning

    baraq – Biblical definition:

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    Barak ‘O’bamah, The use of bamah is used to refer to the “heights” of Heaven.

    bamah – Biblical definition:

    From an unused root (meaning to be high); an elevation: – height, high place, wave. (Strongs Hebrew word H1116 bamah baw-maw’)

    The day following the election of Barack Obama (11/04/08), the winning pick 3 lotto numbers in Illinois (Obama’s home state) for 11/5/08 were 666.

    Obama was a U.S. senator for Illinois, and his zip code was 60606.

    Seek Jesus while He may be found…repent, confess and forsake your sins and trust in the savior! Jesus says we must be born again by His Holy Spirit to enter the kingdom of God…God bless!

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