Issue 5: Marijuana and Hemp Taxation p. 40. Hemp uses: Paper Fiber Hemp Oil Hemp Rope Hemp Fabric Marijuana uses: Recreation Medicinal

Similar documents
Instructions for Form 4562 Depreciation and Amortization (Section references are to the Internal Revenue Code, unless otherwise noted.

Instructions for Form 4562

Marijuana and Federal Tax Law: In Brief

Form 4797 Chapter 3 pp Agricultural Tax Issues

Instructions for Form 4562

TRANSFER OF FARM ASSETS

FINAL COPYRIGHT 2015 LGUTEF

Instructions for Form 4562

2017 Loscalzo Institute, a Kaplan Company

Final Examination (Optional) MASTERING DEPRECIATION

Chapter 7 Accounting Periods and Methods and Depreciation

TAX ESSENTIALS For the Tax Year 2010

11 - Tax Court Denies Deductions and Costs of Goods Sold Claimed by Medical-marijuana Dispensary

U.S. Income Tax Return for an S Corporation. OMB No Form 1120S. Do not file this form unless the corporation has filed or is

Exempt Organization Business Income Tax Return. (and proxy tax under section 6033(e))

U.S. Return of Partnership Income

2017 Agricultural Tax Issues. Greg Bouchard for The Ohio State University

GROUP UNDERWRITERS ASSOCIATION OF AMERICA 2017 CONFERENCE DENVER, COLORADO. Thorburn Walker, LLC May 23, 2017 James D. Thorburn, Esq.

Your first name and initial Last name Your social security number

Federal Income Taxation Chapter 15 Capital Cost Recovery

BURKHART & COMPANY, P.C. 900 S. GAY ST, STE KNOXVILLE, TN PHONE FAX Certified Public Accountants

OPERATING A BUSINESS TAX CONSIDERATIONS

U.S. Income Tax Return for an S Corporation

Exempt Organization Business Income Tax Return (and proxy tax under section 6033(e))

Instructions for Form 4562

AVIATION PRACTICE GROUP February 2018

Public Law H.R Joint Committee on Taxation Technical Explanation of Division C of H.R. 3221

The Good, The Bad and the Ugly: Tax Reform in 2018 and Beyond

2010 Internal Revenue Service

U.S. Corporation Income Tax Return. OMB No Form For calendar year 2017 or tax year beginning, 2017, ending, 20 Department of the Treasury

SEATTLE ART MUSEUM FORM 990 T

OPERATING A BUSINESS TAX CONSIDERATIONS

Exempt Organization Business Income Tax Return OMB No

Willie and Annette Jump (Example 3.1)

Items to Note. Number of Assets - The conversion program converts a maximum of 2,500 assets per client file.

PUBLIC INSPECTION COPY

January 29, RE: Request for Immediate Guidance Regarding Pub. L. No Dear Messrs. Kautter and Paul:

Exempt Organization Business Income Tax Return

5 Qualifying widow(er) (see instructions) 6a Yourself. If someone can claim you as a dependent, do not check box 6a...

Federal Tax Rates BURKHART & COMPANY, P.C. 900 S. GAY ST, STE KNOXVILLE, TN PHONE FAX

Exempt Organization Business Income Tax Return (and proxy tax under section 6033(e))

NEW LEGISLATION BUSINESS

BUSINESS BASICS. Personnel Requirements, Tasks to perform, Job Description, Personnel Policy

BACKGROUND AND PRESENT LAW RELATING TO COST RECOVERY AND DOMESTIC PRODUCTION ACTIVITIES

social security number relationship to you

PUBLIC INSPECTION COPY

Aviation Tax Issues From The New Tax Changes: Opportunities, Challenges & Questions Sue Folkringa, CPA

Public Inspection Copy

U.S. Income Tax Return for an S Corporation

CTEC Qualifying Education California Adjustments

Tax Reform: Deep Dive on Application to E&C Engineering and Construction Conference June 21, 2018

2017 Farm Income Tax Webinar

Instructions for Form 6251

Exempt Organization Business Income Tax Return

TAX & TRANSACTIONS BULLETIN

Form 8858 Reporting of U.S. Owned Foreign Disregarded Entities: Ownership and Correct Filing Status

Tax Cuts and Jobs Act - Cost Recovery Provisions, Expensing, and Like-kind Exchanges last updated

Acc. 433, Chapter Outline for use with Prentice Hall's Federal Taxation Corporations Richard B. Malamud, last updates, in part, November, 2011

Chapter 10B. Tax Aspects of Real Estate and Real Estate Sales *

5 Qualifying widow(er) (see instructions) 6a Yourself. If someone can claim you as a dependent, do not check box 6a...

PPC 1120 Deskbook Practice Aids. Industry-leading tools for tax professionals

2016 S CORPORATION INCOME TAX RETURN CHECKLIST (form 1120S) (SHORT)

5 Qualifying widow(er) with dependent child 6a Yourself. If someone can claim you as a dependent, do not check box 6a...

U.S. INTERNAL REVENUE CODE SECTION 1031 TAX DEFERRED LIKE KIND EXCHANGES. This outline has been modified to reflect the recent changes in the tax law.

EXTENDED TO NOVEMBER 15, 2018 Exempt Organization Business Income Tax Return. (and proxy tax under section 6033(e)) YORBA LINDA, CA

Preparer (other than filer/applicant) Signature of individual preparing the application and date

B. Cost Recovery. 1. Increased expensing (sec of the House bill, secs and of the Senate amendment, and sec. 168(k) of the Code)

Rent Payments vs. Installment Purchases

LIST OF SUBSTANTIVE CHANGES AND ADDITIONS. PPC s 1120 Deskbook. Twenty-seventh Edition (October 2017)

We also request a public hearing and the opportunity to present this information in summary form. Floor Plan and Bonus Depreciation

Chapter 2 Property Acquisition and Cost Recovery SOLUTIONS MANUAL

A Detailed Analysis of 280F Depreciation Recapture for Business Aircraft

Tax Cuts and Jobs Act

White Paper Vacation Home Tax Considerations

Study Guide for Corporate and Partnership Taxation

Agricultural and Natural Resource Issues Chapter 9 pp National Income Tax Workbook

total fair market value in 2003 is $550. The fair market *In addition to the 80% nonbusiness part of the expense.

Exempt Organization Business Income Tax Return

Basis Rules, Depreciation, and Asset Categorization Chapter 10

Davis & associates, p.a. Certified Public Accountants and Consultants

Section 168. Accelerated Cost Recovery System

Form 8865 Reporting of Foreign Partnership Income and Navigating Rules for Allocable Share of Foreign Income

Uniform Capitalization Method

Exempt Organization Business Income Tax Return

Installment Sales. Contents. For use in preparing 2012 Returns. Publication 537 Cat. No V. Future Developments. Reminder.

Weighted average. Owned 0 on January 1, bought 50% from James on May Norma Shipper Owned all year 100

Farm Taxes. David L. Marrison, Associate Professor

LIST OF SUBSTANTIVE CHANGES AND ADDITIONS. PPC s 1120 Deskbook. 28th Edition (October 2018)

U.S. Income Tax Return for Homeowners Associations

Chapter 3 TCJA: Depreciation, Bonus Dep., 179, NOLs, and 461(L) Depreciation

RETIREMENT TAXATION UPDATE

Tax Cuts and Jobs Act of 2017 (TCJA) Key General Business Tax Provisions

Net Operating Losses

Impact of the Tax Cuts and Jobs Act on IRC Section 42

U.S. Income Tax Return for an S Corporation

Year Beginning Basis Depreciation Ending Basis Beginning Basis Depreciation Ending Basis

Exempt Organization Business Income Tax Return

2018 NAFC ANNUAL CONFERENCE. THE CHANGING FINANCIAL LANDSCAPE IN TRUCKING: addressing opportunities and challenges

How To Depreciate Property

Instructions for Form 4626

Transcription:

Issue 5: Marijuana and Hemp Taxation p. 40 Hemp uses: Paper Fiber Hemp Oil Hemp Rope Hemp Fabric Marijuana uses: Recreation Medicinal

State Laws p. 40 Many states allow medical and recreational use of marijuana. Many states have industrial hemp legislation allowing hemp research, studies and some allow commercial industrial hemp production.

State Laws p. 40 Eight states legalized recreational marijuana use: AK, CA (2018), CO, ME, MA, NV, OR, and WA Figure 1 lists marijuana law by state.

Industrial Hemp Laws p. 41 Nearly 30 states have passed legislation regarding industrial hemp. Generally defined to have a THC level of not more than 0.3%.

Industrial Hemp Laws p. 41 Industrial hemp research and/or pilot program Authorize studies of industrial hemp industry Establish commercial hemp programs

Industrial Hemp Laws p. 41 Industrial hemp produced under an authorized agricultural program is not a controlled substance.

Federal Law p. 42 Marijuana is a Schedule 1 controlled substance and sale is prohibited under federal law. Hemp is not excepted under the Controlled Substance Act. 2014 Farm Bill provides legal research programs.

Federal Tax Deposits and Banking pp. 42-43 Allgreens, LLC v. Commissioner A Denver marijuana dispensary penalized for making estimated tax payments in cash. IRS ultimately abated penalties

Federal Tax Deposits and Banking p. 43 FinCEN Guidance Feb 4, 2014 guidance issued to banks as to how to serve marijuana businesses. Banks to make individual assessments; List of 7 items.

Currency Transaction Reports p. 44 CTRs are required for cash transactions of $10,000 per day, many marijuana business deal exclusively in cash Use FinCEN Form 8300 to report.

Taxation of Cannabis Business pp. 44-48 Various Code Sections are applicable to marijuana and hemp businesses: I.R.C. 61, 162, 280E, 263A, 471

Taxation of Cannabis Business p. 44 I.R.C. 61 Gross Income Though illegal under federal law, income is taxable. Edmondson v. Commissioner(1981) IRS disallowed expenses Court allowed as ordinary and necessary

Taxation of Cannabis Business p. 45 1982, Tax Equity and Fiscal Responsibility Act changed the law by adding I.R.C. 280E. Drug dealers can no longer deduct expenses because marijuana business is illegal.

Taxation of Cannabis Business p. 45 I.R.C. 162 and 280E Deductions 162 allows for ordinary and necessary business deductions 280E eliminates deductions under 162 because of the illegality of the business itself. Including: salaries, rents, utilities

Taxation of Cannabis Business p. 45 Cost of Goods Sold Under Treas. Reg. 1.61-3, gross income is excess of receipts over cost of goods sold. But what about a Cannabis business? See C.C.A. 2015-04- 011 coming up.

Taxation of Cannabis Business p. 45 Accrual Method When required to use an inventory method accrual is required. Exceptions Certain businesses <$5,000,000 Other businesses <$1,000,000

Taxation of Cannabis Business p. 46 I.R.C. 263A was added 4 years after I.R.C. 280E requiring inventoriable costs of direct costs and a share of indirect costs to property purchased. C.C.A. 2015-04-011 clarifies

Taxation of Cannabis Business p. 46 C.C.A. 2015-04-011 Issue 1: How does a cannabis business calculate COGS? Issue 2: May Exam or Appeal require changes in inventory methods by a cannabis business?

C.C.A. 2015-04-011 p. 46 Calculation of COGS C.C.A. considered other cases Peyton v. Commissioner Franklin v. Commissioner McHan v. Commissioner

C.C.A. 2015-04-011 p. 46 Application of Section 263A When 263A and 280E are read together, the taxpayer is prevented from the tax benefit of capitalizing disallowed deductions. No joy for the drug dealer.

C.C.A. 2015-04-011 p. 46 Application of Section 471 A drug dealer is entitled to determine inventoriable costs using applicable inventorycosting regs under 471 as they existed when 280E was enacted.

C.C.A. 2015-04-011 p. 47 Indirect Costs under Treas. Reg. 1.147-11 May be able to deduct Cat. 1 and Cat. 3 indirect costs See list on bottom of page 46 and top of page 47.

C.C.A. 2015-04-011 p. 47 Indirect Costs under Treas. Reg. 1.147-11 If marijuana or hemp business used GAAP to create financial statements, additional costs may be allocated to inventory; see list on page 47.

C.C.A. 2015-04-011 p. 48 Inventory Method: Can IRS Exam or Appeals require a cannabis business to change inventory? Cash businesses generally deduct expenses in year paid. 280E disallows expenses

C.C.A. 2015-04-011 p. 48 Because expenses are disallowed the taxpayer s income is distorted. Therefore, Exam and Appeals can, under 446(b) require a change that clearly reflects income. Inventory-costing is appropriate Change from overall cash to overall accrual may be required

Dual-Purpose Businesses p. 48 CHAMP v. Commissioner Court determined there were two distinct businesses: caregiving and marijuana dispensary CHAMP could deduct expenses that were otherwise precluded under 280E.

Risks for Tax Professionals p. 48 Under 18 U.S.C. 2(a) a tax professional who facilitates a marijuana-related or commercial hemp business could be in violation of the Controlled Substances Act.

Risks for Tax Professionals p. 48 Regarding Commercial Hemp, if the state has passed a law to allow for research, then hemp is NOT a controlled substance. See http://www.ncsl.org/research/agricultureand-rural-development/state-industrial-hempstatutes.aspx

Risks for Tax Professionals p. 48 AICPA created a list of questions for CPAs to consider and ask legal counsel if they have clients with a cannabis business. See list of 8 questions.

Issue 6: Depreciation Issues p. 49 Modified Accelerated Cost Recovery System (MACRS) Placed in service after 1986 See list of property that does not qualify for MACRS

Depreciation Systems p. 49 General Depreciation System (GDS) Alternative Depreciation System (ADS) See list: Use of ADS

Examples 1 and 2 p. 50 Example 1: Listed Property Purchased pickup and expensed $40,000 cost Business use fell to 40% in the 2 nd year. Example 2: Tax-exempt Use Property

Property Class Under GDS pp. 50-51 GDS divides property into nine property classes.

Practitioner Note p. 52 Dwelling Unit If any part of the building or structure is occupied for personal use, the gross rental income includes the fair rental value of the part occupied.

Recovery Periods p. 52 ADS GDS

Depreciation Conventions p. 52 Midmonth Nonresidential real property, Residential rental property, Railroad grading or tunnel bore Midquarter 40% of qualifying property paced in service in the final quarter Half-year

Depreciation Conventions p. 52 Half-year Taxpayers use this convention is the other two conventions do not apply.

Example 3 p. 54 Deferring Depreciation Deductions Acme Swabbing, LLC Swabbing units have an economic life of 15 years. Acme wishes to take the slowest depreciation possible. Elects SL over ADS recovery period

Electing an Alternative Method p. 54 Taxpayer can elect a different method for certain types of property 150% DB Election SL Election Election of ADS

Practitioner Note p. 55 Alternative Minimum Tax Using 150% DB method results in in the same depreciation deduction for both regular and AMT.

MACRS Percentage Tables pp. 55-56 MACRS Percentage Tables Example 4: Effect of Basis Adjustment Depreciation Formulas

IRC 179 pp. 56-57 Deduction limit: $500,000 ($510,000 for 2017) Investment Limit: $2,000,000 ($2,030,000 for 2017) Limit for Vehicles $25,000 See exclusion list

Related Party Transactions p. 57 Acquired by purchase Related party includes: Spouse, ancestors, and lineal descendants (not brothers and sisters) Example 5: R.P. Disqualification

Bonus Depreciation p. 57 Additional deduction after 179 and before regular depreciation. 50% -- Phased out in years after 2017 MACRS property w/ class life equal or less than 20 years.

Example 6 p. 57 Bonus Depreciation and MACRS 2017 Qualified property that cost $ 450,000 Did not elect 179 Did take 50% AFYD $225,000 Bonus $225,000 used to calculate MACRS

Depreciation Recapture Section 1245 Property Personal Property ( 167 or 168) Certain real property single purpose Ag. Structures Manufacturing, production or extraction ACRS nonresidential real property (accelerated depreciation was claimed) p. 57

Recomputed Basis p. 58 Includes adjusted basis of property plus the adjustments made to the basis as deductions for depreciation or amortization. List of 14

Example 7 pp. 58-59 2015: New Loader $ 105,000 Elected out of Bonus Chose to expense $10,000 using 179 Depreciation: MACRS 5-year property Half-year convention Sold loader in 2017 for $65,000

Example 7 p. 59

Example 7 p. 59

Example 8 p. 59 Same facts as Example 7 except instead of taking a $10,000 section 179 deduction, Rocky elected to take 50% bonus depreciation on the new loader in 2015.

Example 8 p. 59

Depreciation Component of Standard Mileage p. 60 Standard mileage rate (SMR) includes a depreciation component that reduces the vehicles basis. See figure 6 for depreciation component by year.

Example 9 p. 60 2013 Purchased SUV for $36,000 that was used exclusively for hi landscape business. From 2013 through 2017 he used SMR to figure auto expenses on Schedule C. 2017 - Sold vehicle for $18,500 Drove a total of 87,000 miles

Example 9 p. 60