February 10, 2012

Will Taxes Doom The Medical Marijuana Industry?

February 10, 2012
mmj business daily fact book sales medical marijuana recreational

cannabis cash cropMedical Marijuana Dispensaries Generate A Lot Of Revenue

If you live on the West Coast, you know there are a lot of medical marijuana dispensaries. Maybe you call them collectives or clubs or something else, but for simplicity purposes, I just call them dispensaries. Someone living in non-medical marijuana states might not have a clue what a collective is, but I can almost guarantee that they know what a medical marijuana dispensary is. If you have frequented a medical marijuana dispensary, you realize very fast how popular they are. I was waiting for a friend outside of one here in Oregon the other day, and within five minutes I counted 18 cars going in and out. It’s not even one of the more popular medical marijuana dispensaries either!

I have a few close friends that operate medical marijuana dispensaries in Oregon, California, and Colorado. I always ask them how are they going to handle their taxes since they are operating on a ‘donation’ structure. They just scratch their head and try to change the subject. I know that in California and Colorado they accept taxes at the state level, but those same entities have to file federal taxes too. In states like Washington, Oregon, Michigan, etc, dispensaries are not officially recognized so how does that work out? I know all of the medical marijuana dispensary owners that I know just want to stick their head in the sand and act like nothing will happen, but there is a scary phenomenon occurring in California that I can almost guarantee will spread. See the article below to see what I mean:

By Steve Elliot from Toke of the Town

The extremist anti-drug group Coalition for a Drug Free California (CDFC) has encouraged citizens from around the state and nation to become dispensary whistle-blowers.

“By simply reporting a pot store to the IRS, average citizens who are fed up with these domestic marijuana cartels can now fill out a very simple form,” said Dr. Paul Chabot, founder of the CDFC. “If the IRS takes action and fines the pot store, the whistle-blower, by law is entitled to a 30 percent cash award.”
CDFC points to a recent case in which the IRS took action against a pot store in northern California with a $2.4 million tax investigation.
“If this was a whistle-blower case, the whistle-blower would get 30 percent of the $2.4 million which is roughly $700,000 in your pocket,” Chabot said. “Pot stores are in violation of Federal law. This is a no brainer – every dad, mom and other citizen who has been affected by pot stores and drug legalization tactics should use this tool to fight back.”
?”CDFC recently reported a pot store to the IRS to ensure the process works,” we learn from the Coalition. “In a short time, we received the attached letter advising the case had been forward for processing.
“Can’t find a pot store? go to weedtracker.com or similar website – over 10,000 pot stores in California, alone,” CDFC helpfully lets us know.
Chabot said, “This will work nationwide. Pass it on. Retire early. It’s better odds than hitting the lottery.”
According to the IRS website, what are the rules for getting an award?
The law provides for two types of awards. If the taxes, penalties, interest and other amounts in dispute exceed $2 million, and a few other qualifications are met, the IRS will pay 15 percent to 30 percent of the amount collected. If the case deals with an individual, his or her annual gross income must be more than $200,000.
If the whistle-blower disagrees with the outcome of the claim, he or she can appeal to the Tax Court. These rules are found at Internal Revenue Code IRC Section 7623(b) – Whistle-blower Rules.
The IRS also has an award program for other whistle-blowers, generally meaning those who do not meet the dollar thresholds of $2 million in dispute or cases involving individual taxpayers with gross income of less that $200,000. The awards through this program are less, with a maximum award of 15 percent up to $10 million.
In addition, the awards are discretionary and the informant cannot dispute the outcome of the claim in Tax Court. The rules for these cases are found at Internal Revenue Code IRC Section 7623(a) – Informant Claims Program, and some of the rules are different from those that apply to cases involving more than $2 million.
“If you decide to submit information and seek an award for doing so, use IRS Form 211 [PDF],” CDFC tells us. “The same form is used for both award programs.”
“The whistle-blower rule was intended solely for individuals being cheated on taxes from their employers, and rich people claiming deductions that aren’t legal,” someone who is in a position to know, associated with theGanja Gurus education page on Facebook, posted Monday evening. “To see it exploited like this is shameful!”


Share on facebook
Share on twitter
Share on pinterest
Share on reddit
Recent & Related Posts
Recent & Related Posts