280E Audit Readiness Archives - The Blunt Accountant https://thebluntaccountant.com/category/280e-audit-readiness/ Cannabis Accounting for Plant Touching Businesses Thu, 17 Aug 2023 13:44:54 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 214878266 Speaking Bluntly About Covering Your Assets https://thebluntaccountant.com/2023/08/16/speaking-bluntly-about-covering-your-assets/ Wed, 16 Aug 2023 23:55:57 +0000 https://thebluntaccountant.com/?p=545 by Sarah Ratliff Without a roadmap to IRC 280E readiness, how are businesses supposed to stay compliant? With over 25 years accounting experience, Angela Mays, founder and CEO of The Blunt Accountant,  brings her expertise to plant-touching businesses owned by marginalized people—particularly those affected by the failed policies of the War on Drugs. You may […]

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by Sarah Ratliff

Without a roadmap to IRC 280E readiness, how are businesses supposed to stay compliant? With over 25 years accounting experience, Angela Mays, founder and CEO of The Blunt Accountant,  brings her expertise to plant-touching businesses owned by marginalized people—particularly those affected by the failed policies of the War on Drugs. You may have read that there’s a bill in Congress to consider dismantling the crippling tax code that governs the cannabis industry. However, like back-and-forth discussions about legalization on a federal level, for the moment, it’s just that: talk. For another, even if implemented, it will take months, if not years to implement. It’s an automatic switch, so until anything is concrete, plant-touching business owners are still subject to the IRC 280E. 

Cannabis Accounting & Consulting Group d/b/a The Blunt Accountant™ (TBA) is a small, innovative firm that specializes in 280E compliance and audit readiness for plant-touching businesses. Cannabis businesses are facing increased tax liability and potential penalties for failing to comply with IRC 280E, and unfortunately, ignorance of the tax code isn’t an excuse in the eyes of the IRS. 

TBA’s goal is to help plant-touching businesses minimize their tax liability and/or avoid incurring potential 280E accuracy penalties from a potential IRS audit by implementing 280E-compliant accounting solutions and audit-ready policies and procedures.

Like most accountants—both in and out of the cannabis industry—Angela Mays, founder and CEO of The Blunt Accountant™ is nothing but blunt when it comes to her clients’ books. “The IRC 280E (the tax code that governs our industry) is a labyrinth, and it’s up to me to ensure I cover my clients’ ASSets. Sometimes it can even mean having difficult conversations. I’m not here to sugarcoat things. I’m here to help them succeed and create generational wealth.” 

While all industries have to pay taxes, no tax code is as brutal as the IRC 280E. For the plant-touching branch of the cannabis industry, terms like deductions, tax shelters, overseas manufacturing, management company to oversee everything and loopholes aren’t part of the tax return or audit discussion. 

It’s not out of the norm for cannabis businesses to be taxed at a rate as high as 80%. And as scary as this sounds, there is some good news, Mays reports. “From the outside looking in, it feels like cannabis business owners are making money ‘hand over fist.’ When we read that x state generated in excess of $200 million in sales tax revenue, we have to assume that if those are the taxes from sales, plant touching businesses must be bringing a lot of money. And while they may very well be grossing a lot of money, it would surprise most people how much of those earnings goes to the IRS when these businesses file their taxes. But there is some light at the end of the tunnel.

“Plant-touching businesses are allowed to allocate some of what is known in accounting as below-the-line expenses into cost of goods sold (COGS).”

A Brief History of The IRC § 280E

Three years after then President Richard Nixon waged war on drugs, in 1971, a Minneapolis-based drug dealer named Jeffrey Edmonson filed his taxes and took all the standard deductions allowable to corporations and individuals. He wrote off wear and tear on his car, a portion of his rent, scales to weigh his product and long-distance calls to promote his product: more than a dozen ounces of cocaine, over a million amphetamine pills and 100 pounds of weed. 

Oddly the IRS initially accepted Edmondson’s tax return as is, but realizing the error of their ways, filed a lawsuit against Edmonson. In 1981 Edmonson won his case but the IRS created a tax code so punitive for anyone “trafficking” Schedules 1 and 2 drugs. 

More Than Accountants, We’re CannaBusiness Strategists

Given the history and the complex nature of the IRC 280E, you can see why plant-touching businesses shouldn’t hire just any accountant to manage their books. On top of having years of experience navigating the IRC 280E, Mays approaches canna-accounting with a holistic view of the business operations.  

“Our solution-driven approach looks at the whole business, not just the accounting operations.  We look at your short- and long-term goals, and we work in tandem with each function lead of the organization to create a business that is sustainable, has a growth strategy and that is also audit ready.”

Mays looks at cannabis accounting from two perspectives: the plant-touching business owner and the IRS. “My accounting career spans over 25 years. I’ve also worked many years in Big 4 accounting. This taught me to look at my clients’ books from a wide angle focusing on preparing them for an audit, business process reengineering and fraud risk management.” 

Services for New or Existing Businesses 

“It’s never too early to be 280E compliant,” says Mays. “Whether you just received your conditional license, or are already open for business, the time to hire an experienced accountant is now. Why? If there’s one thing that’s consistent about the IRS is that they’re inconsistent when they’ll decide to audit a business. Being prepared can be the difference between relief and fear, even an expensive nightmare. I never want my clients to approach an audit with anything but confidence. I have three ways to ensure this.” 

CannAccounting in a Box

For new licensees, this proprietary accounting solution includes everything you need to set up a 280E-compliant accounting operation that includes accounting policies and standard operating procedures that focus on the three areas that the IRS will audit. Depending on your business needs this can be a turnkey solution. 

280E Compliance Scorecard™

For the existing plant-touching business, The Blunt Accountant offers clients the 280E Compliance Scorecard™. Angela and her team will conduct a detailed analysis of the current state of your cannabis accounting operations. The analysis will be based on the two audit areas that the IRS will audit. Next they’ll create a scorecard with the results of their findings in a personalized 280E Compliance Analysis Report™.

280E Audit Readiness Plan™

The road to IRC 280E audit readiness begins with the Three Ps: Policies, Procedures, and Processes and a personalized 280E Audit Readiness Plan™. The plan focuses on whole business operations and implementing audit-ready policies, procedures, and business processes across the organization that impact the accounting operations.

Nowadays it’s not enough to say you can manage your clients’ books. Having a strategy to start them off on the right foot from day one requires a solid strategy. The CAC Group, d/b/a The Blunt Accountant™, which was awarded the “Top Accounting Firm of 2022” by Financial Services Review, focuses on the entire operations as opposed to just focusing their efforts on accounting alone. They don’t just see themselves as an outsourced function of the business but as a critical team member that adds value to the bottom line. 

Your Long Term Success Matters!

Our goal is to make sure you are set up for long term growth and success.  This is how you build generational wealth. 
Your success as a plant touching business owner starts with a solid accounting foundation. 
If you are unsure of where to begin then let us help you so you can reach your goals. 
Click the "Let's Get Started" link below to take the first step in building a successful, audit ready plant touching business.  

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The Importance of Having a Cannabis Accountant https://thebluntaccountant.com/2023/07/28/speaking-bluntly-the-importance-of-having-a-cannabis-accountant/ Fri, 28 Jul 2023 14:45:14 +0000 https://thebluntaccountant.com/?p=624 Accounting is a knowledge-based profession. Accountants possess highly specialized and detailed knowledge about financial record keeping, which makes them indispensable for business owners who don’t have the training and education necessary to implement proper accounting procedures all on their own.This description is accurate, but it doesn’t quite capture the complexity involved in working as a […]

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Accounting is a knowledge-based profession. Accountants possess highly specialized and detailed knowledge about financial record keeping, which makes them indispensable for business owners who don’t have the training and education necessary to implement proper accounting procedures all on their own.

This description is accurate, but it doesn’t quite capture the complexity involved in working as a cannabis accountant. 

Meet Your Savvy and Experienced Cannabis Accountant

Cannabis companies are heavily scrutinized and strictly regulated. If they aren’t rigorous in their efforts to comply with the rules they can run afoul of the IRS, state government tax collection agencies and regulatory boards. This is a direct consequence of the fact that cannabis is still prohibited at the federal level, which among other things, forces states and communities to make up their own rules to govern cannabis licensing, growing, harvesting, manufacturing, wholesaling and retail sales.  

A cannabis accountant understands the ramifications of all this scrutiny better than anyone. When you hire a trained and experienced cannabis accountant, they will spend a significant amount of time and energy making sure you’re compliant with all rules and regulations related to the financial side of your business. 

Because the rules for cannabis are so different and can be so punitive, accountants who specialize in cannabis must be proactive rather than reactive. We are not primarily problem solvers but problem avoiders. Our main mission is to help you organize and process your financial data in a way that will reassure the IRS that your accounting procedures are fully transparent and meet all legal requirements. 

Here’s an interesting fact. When an IRS auditor sees that you’re using compliant accounting processes and procedures and that your records are being kept according to the highest standards and practices, this will signal to them you’ve been tracking your financial inputs and outputs accurately and are compliant with all applicable regulations. They won’t even need to dig deeply into the records to know that your books are accurate since your responsible and professional approach to financial data management will prove you have nothing to hide. 

The Truth about Section 280E and Cannabis Tax Deductions

Under Section 280E of the Internal Revenue Service tax code, tax-paying entities are prohibited from deducting expenses incurred while engaging in the trafficking of controlled substances. Since cannabis is still classified as a Schedule I controlled substance by the federal government, cannabis entrepreneurs must observe the requirements of 280E, preventing them from enjoying certain tax benefits that operators of other legal businesses take for granted.

 “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 the trafficking in controlled substances” is how 280E reads. This is a serious obstacle that cannabis companies must deal with, which is why the sage advice of a cannabis accountant who understands the IRS’s Byzantine rules and regulations is so vital to the long-term health and security of these businesses. 

Fortunately, the situation with taxes is not as bad as it appears at first glance. While 280E prevents a long list of relatively standard business deductions, like overhead expenses related to advertising, wages and salaries, including travel expenses, cannabis companies are allowed to deduct the cost of their inventory from their gross receipts. They can also deduct some direct and some indirect costs associated with the purchase and production of inventory. This is an important distinction that a cannabis accountant can explain to their clients while helping them adopt tracking procedures for sales and expenses that will accurately document the cost of the goods they purchase so they can maximize the value of the deductions they are eligible to make.

Preparing for the Dreaded IRS Audit

When I take on a new client, I let them know that our first order of business is to prepare them to be audited. This focus on audits is necessary since this is what you’re always trying to avoid. 

When working with established businesses that already have a record-keeping system in place, I like to perform an IRC 280E compliance audit. I will perform a detailed analysis of their financial statements and accounting procedures, looking for IRC 280E violations that could trigger an auditor to investigate further. I create a 280E Compliance Scorecard™, that identifies every red flag I uncover, so the client will know exactly what accounting procedures need to be implemented and why.

The results of these examinations are often an eye-opener for my clients, who had no idea they were making mistakes that could have cost them in the long run. As I implement the proper procedures, they will be able to rest easy knowing that they’ll be prepared to undergo the scrutiny of an IRS or financial statement audit with confidence. 

For cannabis startups, what is required is a comprehensive accounting system that makes sure the business is IRC 280E compliant before they open their doors. I created CannAccounting in a Box™, a turnkey accounting solution that has policies and procedures that support full compliance with generally accepted accounting principles and IRS regulations. I create policies and procedures that are customized to meet the needs of each type of plant-touching operation, ensuring a trouble-free launch and full audit security. 

Whether you have an established dispensary, manufacturing facility or you grow cannabis, or are just starting out, you should be aware that the laws and regulations that govern the cannabis industry are constantly evolving. Cannabis accountants know this and stay abreast of these changes. Naturally, your cannabis accountant will help you adapt to the updated standards and implement the necessary procedures, to ensure you’ll experience no gaps in compliance.

The Cannabis Accountant is an All-Purpose Advisor  

In addition to providing basic accounting services and preparing you for audits, a cannabis accountant will help you address any and all issues that might arise relating to your finances and tax liabilities. 

For example, we can advise you on how to prepare for potential financial emergencies (this is the cannabis industry, they will happen). Cannabis accountants can help you find banks or credit unions in your state that will accept cannabis-related deposits and provide other banking services but also customize your financial record-keeping procedures to keep you out of trouble if you’re forced to deal only in cash. We can help you locate payroll experts, merchant services professionals, lawyers and any other service providers you need to keep your financial house in order. In addition to preparing you for your future interactions with the IRS, we can also collaborate with you to make sure you’re paying all the state taxes you owe.

Cannabis accountants also function as financial advisers who answer all your questions and even answer the ones you should be asking but haven’t. In the cannabis industry ignorance is as far from bliss as you can imagine, and we’ll make sure you’re always informed about any developments that could impact your business.

The services of a knowledgeable and well-prepared cannabis accountant are in essence a form of preventive medicine, and some of the best you can purchase. We can help you prime your financial immune system to be totally resistant to an IRS audit, and to any other challenges that might compromise your efforts to manage your finances according to the highest industry standards. 

Your Long Term Success Matters!

Our goal is to make sure you are set up for long term growth and success.  This is how you build generational wealth. 
Your success as a plant touching business owner starts with a solid accounting foundation. 
If you are unsure of where to begin then let us help you so you can reach your goals. 
Click the "Let's Get Started" link below to take the first step in building a successful, audit ready plant touching business.  

The post The Importance of Having a Cannabis Accountant appeared first on The Blunt Accountant.

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