CJBS Cannabis
Tax Planning & Compliance

We work directly with our clients to provide cannabis tax services that help you remain compliant with all tax codes and rules in the highly regulated cannabis industry. This compliance is vital, as it mitigates your risk of incurring legal fees, facing IRS audits, or being shut down.

Tax Planning & Compliance Services

Tax Return Preparation

Cannabis tax laws can be complex and confusing. Our team handles your tax filing with in-depth knowledge of the latest cannabis tax codes and customized strategies to reduce your tax burden and maximize your return.

Sales Tax, Excise Tax, and Use Tax Assistance

Not only are cannabis tax laws complicated; cannabis sales and use tax rates are far from straightforward—in part because they vary dramatically from state to state. What’s more, some states add an excise tax (defined by the IRS as “taxes that are imposed on various goods, services and activities”) on top of state sales taxes. And local towns and counties may impose an extra 1% to 3% tax on top of that. Depending on your revenue volume, our team assists you with all taxes on a monthly, quarterly, or annual basis to ensure you remain compliant. The excise tax documentation we provide can also help you claim a refund for your losses in cases of theft or robbery.

Business Entity Selection and Structure Planning

What’s the best entity structure for your cannabis business? It depends. At CJBS, we work with your attorney to evaluate the business legal structure best suited to your needs and growth. Setting up the right type of cannabis business entity is the first and most important step in establishing your business and will help determine your tax structure, asset protection, and how equity will be dispersed when investors come on board, among other important activities.

Expense and Cost of Goods Sold Optimization

To help you mitigate the risks associated with an Internal Revenue Code (IRC) Section 280E audit, we align your internal records with your allocation of costs during tax preparation. We help you establish proper recordkeeping of your cost of goods sold (COGS), which will keep you in compliance, put you in control of your financial records, and identify deductible costs to limit your tax liability.

IRC Section 280E

This decades-old federal statute remains a big challenge for cannabis operators today, as it limits companies’ ability to deduct typical business expenses from their federal taxes or claim certain tax credits. We leverage our extensive industry experience and deep knowledge of cannabis tax laws to ensure you remain compliant and can focus on growth.

IRC Section 471

This complex but important tax provision deals with business inventory and determines a cannabis taxpayer’s ability to deduct the cost of goods sold (COGS), which is normally disallowed under Section 280E. As industry experts, we understand exactly how to consistently and properly use section 471 to calculate cannabis COGS—a key factor in determining your total deductions because the more deductions you have, the smaller your tax bill will be.

Cannabis Tax Planning and Compliance FAQs

What are the chances my cannabis business will face an IRS audit? 

You should always be prepared to be audited; it’s a primary reason we help our clients maintain impeccable records. Cannabis small businesses are much more likely to be audited compared to other small businesses, and that trend is expected to continue.

How can I legally maximize my deductions? 

It’s important to work with an expert who understands the nuances of section 280E and has extensive industry experience. Your cannabis accountant should also understand the different approaches for calculating your cost of goods sold (COGS) and know whether you are required to use 471 or can use 263a. Finally, ensuring you have the right ownership structure for your company and the possibility of creating multiple entities so that not all are subject to 280E, is vital.

Where can I learn about the latest cannabis tax compliance regulations? 

Contact us today to schedule a consultation. We’d be happy to discuss current cannabis tax regulations, as well as which ones are most likely to affect your business.