1. 第280E条不适用于大麻或大麻衍生产品.
Under Section 280E, an illegal business is barred from taking tax deductions or credits. 根据现行法律, 大麻生意被认为是“非法的”, 它们受第280E条管辖(但大麻业务除外).
Thus, it is vital that hemp and marijuana operations are not comingled.
Banks and credit card companies are hesitant to work with hemp businesses, 甚至基本的支票账户和信用卡处理. Equity financing is the primary way most hemp businesses are being started. Thus, the capital structure of hemp businesses will be much different than in other industries.
3. State Taxes
Hemp businesses, 特别是基于互联网和以零售为重点的公司, 应该注意营业税吗. Under the Wayfair ruling, companies crossing sales and/or transaction thresholds may inadvertently trigger sales tax collection and reporting requirements. A nexus study should be completed to understand thresholds that trigger sales tax issues to avoid any expensive compliance issues.
4. 信息是关键
大麻产业仍在发展中, and there is little standardized information as to pricing and demand. Companies that can capture and interpret information from its customers and the market will have a competitive advantage. Data firms like LBMC数据洞察力 can help setup systems to capture and interpret information related to hemp businesses to provide decision makers with better tools.
5. 利用联邦和州的激励措施
大麻企业正在大力投资于研究和开发. These companies should be looking at what expenses qualify and tracking accordingly. 具体来说，大麻商应该好好利用 R&D tax credit 用于初创公司，可以用来抵消工资税.
The criteria for being considered a qualified small business are two-fold: (1) The company must have less than $5 million in gross receipts in the year the credit is claimed; and, (2) they must not have any gross receipts five years prior to the year they are claiming a credit.
一些大麻公司也加入了 机会区. Each company should evaluate its operations to see if this is an area that would allow the business to qualify for this tax break.
Likewise, state and local incentives may be available and should be investigated.
6. 期待更多的监管
随着农业法案的通过, the hemp-derived CBD market is now looking to the FDA for guidance on CBD’s status under the new law. The FDA issued a letter to the industry hours after the Farm Bill passed, and the expansion of the hemp-derived CBD market will hinge largely on how the FDA’s regulatory plan unfolds.
Additionally, 随着全球扩张的继续, look for international standards to become key barriers to entry and differentiating factors – GMP (Good Manufacturing Practices), 良好农业和收集规范, 及GSP(良好贮存规范). 这些标准的实现是昂贵的. Investors should consider these standards to determine if capex budgets are reasonable given the fast-changing environment.
