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According to a recent article on Law.Com about the National Cannabis Bar Associations’ first Cannabis Law Institute which had 150 lawyers in attendance, an IRS Lawyer told the gathering that the IRS is not targeting Cannabis lawyers or businesses.  He went on to state that tax agency’s Office of Professional Responsibility has held that “to the extent [a lawyer] is representing someone in the industry, that is not sanctionable.”

Now that may all well in good, but as with Al Capone, there is more than one way for the IRS to get to Cannabis businesses.  According to 26 U.S. Code § 280E - Expenditures in connection with the illegal sale of drugs

“No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.

This basically means that your gross marijuana sales are what you will be taxed on with no deductions allowed.  If a Cannabis Business has any of these deductions they are the target of an IRS audit.

The IRS did state that they will accept cash payments for the taxes owed.

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