Pubdate: Sun, 10 May 2015 Source: Boston Globe (MA) Copyright: 2015 Globe Newspaper Company Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340 Website: http://bostonglobe.com/ Details: http://www.mapinc.org/media/52 Author: Jack Healy, New York Times MARIJUANA MERCHANTS FACE ANOTHER FEDERAL OBSTACLE: HIGH TAXES Typical Write-Offs Denied by IRS DENVER - Money was pouring into Bruce Nassau's five Colorado marijuana shops when his accountant called with the bad news: The 2014 tax season was approaching, and Nassau could not rely on the galaxy of deductions that other businesses use to reduce their tax bills. He owed the Internal Revenue Service a small fortune. "I had to write a check for $275,000," Nassau said. "Unbelievable." The country's rapidly growing marijuana industry has a tax problem. Even as more states embrace legal marijuana, shops say they are being forced to pay crippling federal income taxes because of a decades-old law aimed at preventing drug dealers from claiming smuggling costs and couriers as business expenses on their returns. Congress passed the law in 1982 after a convicted cocaine and methamphetamine dealer in Minneapolis went to tax court to argue that the money he spent on travel, phone calls, packaging, and even a small scale should be considered tax write-offs. The provision, still enforced by the IRS, bans all tax credits and deductions from "the illegal trafficking in drugs." Marijuana business owners say it prevents them from deducting their rent, employee salaries, or utility bills, forcing them to pay taxes on a far larger amount of income than other businesses with the same earnings and costs. They also say the taxes, which apply to medical and recreational marijuana sellers alike, are stunting their hiring, or even threatening to drive them out of business. The issue reveals a growing chasm between the 23 states, plus the District of Columbia, that allow medical or recreational marijuana and the federal bureaucracy, from national forests in Colorado where possession is a federal crime to federally regulated banks that turn away marijuana businesses, and the halls of the IRS. The tax rule, an obscure provision known as 280E, catches many marijuana entrepreneurs by surprise, often in the form of an audit notice from the IRS. Some marijuana businesses in Colorado, California, and other marijuana-friendly states have taken the IRS to tax court. The obscure tax rule catches many marijuana entre-preneurs by sur-prise, often in the form of an IRS audit notice. This year, Allgreens, a marijuana shop in Colorado, successfully challenged an IRS policy that imposed about $30,000 in penalties for paying its payroll taxes in cash - common in an industry in which businesses cannot get bank accounts. "We're talking about legal businesses, licensed businesses," said Rachel Gillette, the executive director of Colorado's chapter of the National Organization for the Reform of Marijuana Laws and the lawyer who represented Allgreens. "There's no reason that they should be taxed out of existence by the federal government." A normal business, for example, might pay a 30 percent federal rate on its taxable income, which would represent its gross income minus deductible business expenses. A marijuana business, on the other hand, might pay the same federal rate on all of its gross income because it cannot take these deductions, taking 70 percent or more of its profits. Colorado and a handful of other states have changed their tax laws to let legal marijuana businesses take deductions on their state returns. And this month, Senator Ron Wyden and Representative Earl Blumenauer, both Democrats of Oregon, which legalized recreational marijuana last year, introduced legislation that would allow marijuana businesses that are following state laws to take regular deductions on their federal returns. - --- MAP posted-by: Jay Bergstrom