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Pennsylvania House Approves 280E Workaround For Cannabis Businesses

The Pennsylvania House’s recent approval of a tax reform bill has caused quite a stir in the cannabis industry. This comprehensive tax policy reform, which includes a state-level workaround for 280E for cannabis businesses in the state, was passed with a narrow margin of 102-101 and is now headed to the Senate for final approval.

For those unfamiliar with the term, 280E is an IRS code prohibiting businesses with controlled substances from taking federal tax deductions, which has been a significant hurdle for cannabis companies, severely impacting their financial stability. But with this hopeful new state-level workaround, Pennsylvania is making strides to provide much-needed relief to these businesses.

However, this approval did not come without opposition. The bill has faced criticism from Republican members in the House, who see it as a special privilege for cannabis businesses and not an equal opportunity for all taxpayers.

As the bill now moves on to the Republican-controlled Senate, it will be interesting to see how the vote plays out. Will they approve this tax reform, providing much-needed relief for cannabis businesses in Pennsylvania? Or will they reject it, citing concerns about fairness and potential financial consequences for the state?

280E and Cannabis

The Internal Revenue Code 280E was originally implemented in the 1980s to prevent illegal drug dealers from making deductions on their federal income taxes. However, this code has had unintended consequences for state-legal cannabis businesses, as marijuana is still classified as a Schedule I controlled substance at the federal level.

Under 280E, cannabis businesses cannot deduct average business expenses such as rent, payroll, or marketing. This results in significantly higher tax rates for these businesses compared to other industries. As a result, many cannabis companies struggle to stay financially afloat and have limited opportunities for growth.

This has also led to difficulties in obtaining loans and securing funding for expansion, as banks and investors are hesitant to get involved with an industry that is not eligible for federal tax deductions. The impact of 280E on cannabis businesses cannot be understated, making this state-level workaround in Pennsylvania a crucial step towards creating a more level playing field for these companies.

The language says that medical marijuana businesses may take an additional deduction “in the amount of the ordinary and necessary expensed paid or incurred during the taxable year” that are “ordinarily deductible for federal income tax purposes.” As such, the state tax policy would be decoupled from the federal prohibition that it has implemented on the state level, as reported by Marijuana Moment.

So, as we can see, the approval of this new tax policy reform could have significant implications for the industry and its future growth potential. While it may not completely solve all of the challenges faced by cannabis businesses, it is a step in the right direction.

Backlash From Tax Policy Reform In House

As with any controversial decision, there has been pushback from both sides of the political spectrum. In this case, Republican members in the House have raised objections about providing tax breaks specifically to cannabis businesses.

House Representative John Lawrence (R) stated, “What is in front of us tonight? A bill with an onerous new corporate tax plan on businesses in this state. New tax credits for Hollywood movie producers,” said Lawrence. “What is not in this bill? There’s nothing about tax reform for middle class homeowners being taxed out of their homes by school property taxes they can’t afford to pay. Nothing about the gasoline tax. But there are tax breaks for marijuana growers.”

House Representative Doyle Heffley (R) shared much of the same sentiment, saying that the tax reform policy passed would hurt working families, saying, “Yesterday, the Democrats ran a Tax Code bill that increases taxes on working families. Instead of both sides coming together in agreement, this non-negotiated bill rewards certain segments of the population at the cost of others, including giving special privileges for marijuana growers, the city of Reading and the movie industry.”

House Representative Valerie Gaydos (R) said there were some positives of the tax reform policy, but like Heffley, the reform gives special interest to marijuana companies, stating, “While there are some positive parts of this legislation, this is not a negotiated bill where all sides came to an agreement. Instead, we are rewarding certain segments of the population at the cost of others. This includes giving special privileges for marijuana growers, the city of Reading and the movie industry.”

The recent approval of a 280E workaround for cannabis businesses in the Pennsylvania House of Representatives is a significant step towards providing much-needed relief to an industry facing numerous challenges due to federal restrictions. While the bill did pass in the House, it faced considerable scrutiny from Republican members who were concerned about providing tax breaks to marijuana companies.

As it moves onto the Senate, it may face an uphill battle to gain approval from the Republican majority. However, even if it does not pass, this state-level workaround has sparked essential conversations and could pave the way for similar policies in other states.

Ultimately, this is a small but crucial step towards creating a more level playing field for the cannabis industry and supporting its growth potential. So, while the outcome may still be uncertain, this development gives hope to struggling cannabis businesses and highlights the need for further reforms at both state and federal levels. The fight for fair taxation continues, but progress is being made towards a more equitable future for the industry with each victory.


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