Cannabis

How Does IRS Code 280E Actually Affect What My Business Owes?

The rule that makes cannabis accounting a different discipline, not just a harder one.

Section 280E of the Internal Revenue Code disallows ordinary business deductions for businesses trafficking in controlled substances under federal law. For a cannabis operator, that produces a tax outcome that feels wrong the first time you see it, and it is worth understanding before it shows up on a return.

What it means in practice

Most businesses deduct rent, payroll, marketing, and professional fees. Under 280E, a plant-touching business generally cannot deduct those ordinary operating expenses for federal purposes. What survives is cost of goods sold, which is why COGS gets so much attention in this industry.

Why the effective rate looks punishing

Because tax is calculated on gross profit rather than net profit, an operator can owe substantial federal tax in a year they did not make money in any ordinary sense. This is the single biggest reason cannabis businesses run into cash trouble while appearing to perform.

Where careful accounting earns its keep

Application depends on your license type, your structure, your state, and current guidance, and this area changes. Use this as background for a conversation with your tax professional, not as a position to take on a return.

Where this shows up in our work Fractional CFO & Advisory

An experienced financial partner in the room when the decisions get big.

See how we help ›

Keep Reading

Questions About Your Own Numbers?

That is usually a short conversation, and it costs nothing to have it.

Schedule a Call