Nesteggg Accounting

  • Home
  • Services
    • Nesteggg Accounting
      • Payroll Services
      • Cannabis Accounting
    • Egggsact Tax, Inc.
    • Forms
      • Free Accounting Analysis
      • Business Services Agreement
      • New Corporation/LLC Request
      • New Account Setup
  • Contact Us

Cannabis Taxes

Ever wonder what other states pay in taxes on cannabis products? The non-profit Tax Foundation has done an analysis of cannabis taxes on states where it has been legal for recreational sales.

Tax burden on marijuana products

It may feel as if taxes in California are high, but in a state like Alaska, where this is no state-wide sales tax, the $50 per ounce levy must feel high.

California is subject to an ever changing tax landscape and starting this year increased its retail markup value – the percentage used to calculate what distributors must collect from retailers – to 80%. These costs get passed along to customers who also pay the local sales tax rate on the products they purchase along with the local marijuana excise tax imposed by the municipality where the dispensary is housed.

When Illinois made recreational sales legal this year they started with a graduated tax system where products are taxed higher based on potency. Even still, they ended up with one of the highest tax rates, topped only by Washington State whose rate is over 43%.

Other states like Massachusetts, Colorado, Oregon and Michigan’s state excise tax hovers around 17%. But, of course, on a state by state and municipality by municipality there are other imposed tax burdens along the supply chain that affect the retail price to customers.

One thing is certain, the taxing landscape is shaping up to be uneven and burdensome in some places, mirroring the convoluted nature of the tax system on beer, wine, spirits and cigarette and nicotine products.

Here’s basic info for businesses filing excise taxes

Taxes

Businesses providing goods and services that are subject to excise tax must file a Form 720 quarterly to report the tax to the IRS.

What is excise tax?
Excise taxes are charged on a wide variety of goods, services and activities. The tax may be imposed at the time of:

  • Import
  • Sale by the manufacturer
  • Sale by the retailer
  • Use by the consumer

Many excise taxes go into trust funds earmarked for related capital projects, such as highway and airport improvements. Excise taxes are independent of income taxes. People pay excise taxes on things like gasoline, indoor tanning, airline tickets and tires.

Since the excise cost is usually included in the price, the seller or manufacturer is responsible for sending these tax payments to the IRS and filing Form 720.

When to file?
Businesses must file the form for each quarter of the calendar year. Here are the due dates:

  • Quarter 1 – January, February, March: Deadline = April 30
  • Quarter 2 – April, May, June: Deadline = July 31
  • Quarter 3 – July, August, September: Deadline = October 31
  • Quarter 4 – October, November, December: Deadline = January 31

If the due date for filing a return falls on a Saturday, Sunday or legal holiday, the due date is the next business day.

How to file?
While the IRS still accepts paper Forms 720, they encourage businesses to file electronically. To help excise taxpayers do this, the IRS posts the contact information on IRS.gov of all approved e-file transmitters for excise forms. Businesses can submit forms online 24 hours a day.

That said, not all excise forms can be filed electronically. Those that are available for electronic filing are:

  • Form 720, Quarterly Federal Excise Tax.
  • Form 2290, Heavy Highway Vehicle Use Tax.
  • Form 8849, Claim for Refund of Excise Taxes, Schedules 1, 2, 3, 5, 6 and 8.

When businesses file Form 720 electronically, they not only get confirmation the IRS received the form, but it reduces processing time and errors. To electronically file Form 720, business taxpayers will have to pay the provider’s fee for online submission.

How the Cannabis Excise Tax and Sales and Use Tax Apply to Samples of Cannabis or Cannabis Products Sold to Retailers

How the Cannabis Excise Tax and Sales and Use Tax Apply to Samples of Cannabis or Cannabis Products Sold to Retailers

As a distributor, manufacturer, or cultivator, you may sell samples or promotional items to a cannabis retailer. How the cannabis excise tax and the sales and use tax apply depends on whether the samples are sold to the retailer for marketing purposes for the retailer’s use, or whether the samples are sold to the retailer for resale to the retailer’s customers.

Samples not sold for resale to a retailer

Cannabis Excise Tax
If the samples or promotional items are sold to the retailer for marketing purposes, that is, the retailer does not resell the samples to their customers, the retailer is the consumer of the items. Samples or promotional items not sold for resale should be labeled as “not for resale.” The cannabis excise tax applies when cannabis or cannabis products are sold by a cannabis retailer to their retail customer. Therefore, the distributor is not required to collect the cannabis excise tax on sales of samples to a cannabis retailer when the retailer is the consumer of the samples and does not resell them.

Sales and Use Tax
Generally, the seller owes sales tax on the sale of samples or promotional items sold to cannabis retailers when the retailer is not purchasing these for resale. The sales tax is based on the seller’s selling price. However, if the sample or promotional items are sold for less than 50 percent of cost when the value of the merchandise is not obsolete or about to expire, the seller does not owe sales tax, but instead owes use tax based on the cost of the product sold.

Samples sold for resale to a retailer

Cannabis Excise Tax
If the sample or promotional items are sold to the retailer for resale, the cannabis excise tax applies. The distributor is required to collect the excise tax from the retailer based on the average market price of the cannabis or cannabis products.

In an arm’s length transaction, the distributor calculates the average market price by applying the CDTFA’s predetermined mark-up* to the retailer’s wholesale cost. The wholesale cost is the amount paid by the retailer for the cannabis or cannabis products, including any transportation charges. In addition, if any price reductions (stated or unstated) are given to the retailer, such as discounts or trade allowances off the supplier’s list price, the amount of the reduction must be added back to the sales price when determining the retailer’s wholesale cost.

Therefore, if the seller promotes regular, full-sized cannabis products at a discounted price to a retailer, the distributor must calculate the average market price of the cannabis by using the regular wholesale price, before the discount or trade allowance is given.

However, if a seller sells samples or promotional items to a retailer, and the cost paid by the retailer represents the list price, the distributor should use the amount paid by the retailer as the wholesale cost in order to calculate the average market price, even if the amount paid by the retailer is low or nominal. In the instances where the amount paid by the retailer is the same as the supplier’s list price, no discount has been given.

* The current mark-up rate can be found on our website.

Sales and Use Tax
When cannabis samples or promotional items are sold to a cannabis retailer who resells the items in their business, the sale to the cannabis retailer is not subject to sales tax. The seller should obtain and keep a valid and timely resale certificate from the purchaser as support that the sale was for resale. For information on sales for resale and resale certificates, see publication 103, Sales for Resale.

Please note: The Bureau of Cannabis Control is responsible for the licensing and regulations of the cannabis activities for distributors and retailers. For information on whether distributors are allowed to provide samples to retailers for free or for a nominal amount, please contact the Bureau of Cannabis Control .

This email is intended to give you an overview of the tax application of cannabis samples or promotional items and does not address all requirements for the cannabis industry. For additional information, we encourage you to read our online Tax Guide for Cannabis Businesses, or contact us.

Cannabis Retailers and Distributors: Cannabis Accessories That Do Not Contain Cannabis Are Not Subject to the Cannabis Excise Tax

Cannabis Retailers and Distributors: Cannabis Accessories That Do Not Contain
Cannabis Are Not Subject to the Cannabis Excise Tax

Cannabis Accessories
Cannabis accessories such as pipes, pipe screens, vape pens and vape pen batteries (without cannabis), rolling papers, and grinders are not subject to the 15 percent cannabis excise tax. However, as a cannabis retailer, your retail sales of cannabis accessories are subject to sales tax and must be reported on your sales and use tax return.

You may purchase cannabis accessories that you plan to sell in your business from your vendor/supplier for resale. You may issue a resale certificate to your vendor to buy cannabis accessories or other property you will sell in your regular business operations prior to making any use of the product.

For more information on using a resale certificate, see publication 103, Sales for Resale.

Vape Pen Batteries Sold With Cannabis
Cannabis accessories such as vape pen batteries sold in preassembled units may include cannabis. If you are a cannabis distributor who sells these preassembled units with cannabis, you should separately list the retailer’s cost of the cannabis on your invoice to the retailer in order to properly apply the excise tax to the cannabis only.

The Bureau of Cannabis Control (BCC) regulates the activities of distributors and retailers. You should contact the BCC to determine if the sale of a specific accessory or item is an allowable activity.

Products that Contain Cannabis
As a reminder, the retail sale of cannabis and products containing cannabis are subject to the 15 percent cannabis excise tax and, unless an exclusion or exemption is applicable, are also subject to the sales tax. Cannabis products include items such as pre-rolls, oils, edibles (cookies, butters, candies, sodas, etc.), topicals, waxes, and balms.

Cannabis Retailers: Excise Tax Does Not Apply to Free Medicinal Cannabis

Cannabis Retailers: Excise Tax Does Not Apply to
Free Medicinal Cannabis
Use Tax is Due on Cost of Medicinal
Cannabis Given Away for Free

As a cannabis retailer, you are prohibited from giving away any amount of cannabis or cannabis products unless authorized to do so by the Bureau of Cannabis Control (BCC), the agency that administers the cannabis licensing activities for retailers and distributors. If you are authorized to give cannabis or cannabis products away free of charge, the cannabis excise tax does not apply; but you do owe use tax on your purchase price of the cannabis or cannabis products. The following explains:

Cannabis Excise Tax
The BCC provides that free cannabis or cannabis products can be provided to medicinal cannabis patients or primary caregivers in possession of valid Medical Marijuana Identification Cards issued by the California Department of Public Health. The cannabis excise tax does not apply to medicinal cannabis provided for free to qualified patients. If you already paid the excise tax to a cannabis distributor, you may request a return of the tax from the distributor who supplied you with the cannabis or cannabis product. For additional information on what can and cannot be given away for free, please contact the BCC.

Sales and Use Tax
You owe use tax based on your purchase price of the cannabis or cannabis products you provide to medicinal cannabis patients or primary caregivers free of charge. Or, if you are also a licensed manufacturer, you owe tax on the cost of the taxable items used to manufacture the cannabis products. To pay use tax, report your purchase price of the cannabis as “Purchases Subject to Use Tax”on your sales and use tax return. Those purchases become part of the total amount that is subject to tax.

This email is intended to give you an overview of the tax application of free medicinal cannabis and does not address all requirements for the cannabis industry. We encourage you to read our online Tax Guide for Cannabis Businesses, or contact us.

The Cannabis Excise Tax Applies to Cannabidiol Products that Contain Cannabis

Information for the Cannabis Industry
The Cannabis Excise Tax Applies to
Cannabidiol Products that Contain Cannabis

Cannabidiol (CBD) products containing “cannabis” as defined in the Cannabis Tax Law (Revenue and Taxation Code section 34010) and the Health and Safety Code (Health and Safety Code sections 11018, 11018.1) are subject to the cannabis excise tax. CBD products that do not contain cannabis are not subject to the cannabis excise tax, even if the CBD product contains trace amounts of Tetrahydrocannabinol (THC).

“Cannabis” is defined as all parts of the Cannabis sativa L. plant and it excludes industrial hemp, as defined in Health and Safety Code section 11018.5. “Cannabis products” is defined as cannabis that has undergone a process that transforms the cannabis plant material into a concentrate, edible, topical, or among other things that contain cannabis.

In general, CBD products made from industrial hemp, as defined, are not subject to the cannabis excise tax. The California Department of Food and Agriculture (CDFA) regulates the industrial hemp industry. Please contact CDFA for specific information on industrial hemp.

How to Collect the Cannabis Excise Taxes

Information for Cannabis Retailers
How to Collect the Cannabis Excise Tax from your Customers on Retail Sales

Beginning January 1, 2018, cannabis distributors are required to calculate and collect the cannabis excise tax from you on cannabis or cannabis products that they sell or transfer to you. In an arm’s length transaction, your distributor calculates the cannabis excise tax based on the “average market price,” which is computed by applying the CDTFA’s predetermined markup rate (currently at 60 percent) to the wholesale cost of the cannabis and cannabis products sold or transferred. Your distributor will provide you with an invoice or receipt that contains the following:

  • Your name, as the licensee receiving the product,
  • The distributor’s name,
  • The unique identifier associated with the cannabis or cannabis products, and
  • The amount of cannabis excise tax paid.

Although your cannabis distributor is required to use the predetermined markup rate to compute the average market price in an arm’s length transaction, the predetermined markup rate is not meant or required to be used by you to determine your selling price of cannabis or cannabis products.

When you sell cannabis or cannabis products, you are required to collect the cannabis excise tax from your customer. The easiest way is to include the cannabis excise tax that you paid to your distributor in the selling price to your customer. You are not required to itemize the amount of cannabis excise tax collected from your customer on the receipt; however, you must include the following statement on the invoice or receipt,

“The cannabis excise taxes are included in the total amount of the invoice.”

You are not required to reconcile the average market price the distributor calculates for determining the excise tax with your retail selling price of cannabis or cannabis products.

Remember, unless there is an applicable exemption, sales tax is due on your retail sales of cannabis or cannabis products and is computed on your retail selling price, including the cannabis excise tax.

This post is intended to give you an overview of some of the requirements for cannabis retailers and does not address all requirements for the cannabis industry. We encourage you to read our online

Recent Posts

  • Economy Opening… Stop… Start…
  • Road Map to Opening
  • Tried Calling?
  • Free Credit Reports
  • CA License Extensions for Cannabis Business
  • What Are Libraries Doing Now
  • Cannabis Markup to Remain the 80%
  • Time to Retire?

Archives

  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018

Categories

  • Cannabis Compliant Accounting + Tax
  • NestEggg's Small Business HELP
  • News
  • Uncategorized

Stay Connected

Nesteggg Facebook

The Nesteggg Group ©2019
All Rights Reserved

Get in Touch

1127 St. Paul Ave
Tacoma WA 98421

1-(888) 987-NEST

accounting@nesteggg.com

Web Design & Maintenance by AquaZebra

constant contact

Copyright © 2023 · Executive Pro Theme on Genesis Framework · WordPress · Log in