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HR 1447119th CongressIn Committee

No Deductions for Marijuana Businesses Act

Introduced: Feb 21, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

No Deductions for Marijuana Businesses Act would amend the Internal Revenue Code to keep and codify the rule that marijuana businesses (and other listed controlled substances businesses) cannot claim deductions or credits for ordinary business expenses. Specifically, it would modify Section 280E so that no deduction or credit is allowed for amounts paid or incurred in conducting a trade or business if that business involves trafficking marijuana or Schedule I/II controlled substances, regardless of state authorization or federal enforcement concerns, as long as the activities are prohibited by federal law or the law of the state where the business operates. The change would apply to amounts paid or incurred after the date of enactment for taxable years ending after that date. In practice, this would reinforce the current federal tax treatment that cannabis-related businesses face much higher effective tax rates because many ordinary business deductions (rent, payroll, utilities, etc.) are disallowed. The bill also clarifies definitions around marijuana (as defined in the Controlled Substances Act) and Schedule I/II substances, linking the rule to both federal law and state-law contexts in which the business operates. The sponsor group includes Rep. Arrington and several co-sponsors, and the measure has been referred to the Ways and Means Committee.

Key Points

  • 1Prohibits any deduction or credit for amounts paid or incurred in carrying on a trade or business that traffics marijuana or Schedule I/II controlled substances.
  • 2Applies to activities defined by the Controlled Substances Act and to situations governed by either federal law or the law of the state where the business is conducted.
  • 3Amends Section 280E of the Internal Revenue Code to maintain the prohibition (no ordinary deductions or credits) for marijuana-related businesses.
  • 4Effective Date: applies to amounts paid or incurred after enactment for taxable years ending after enactment.
  • 5Aims to maintain a uniform federal tax treatment that irrespective of state-legal status, marijuana businesses cannot deduct typical business expenses, intensifying the tax burden relative to other industries.

Impact Areas

Primary group/area affected: Marijuana/tiered cannabis businesses and other Schedule I/II drug-trafficking operations operating in states where cannabis is legal or regulated; their accountants and tax professionals.Secondary group/area affected: Federal revenue administration and tax policy, state revenue structures that interact with federal tax treatment of cannabis businesses; lenders and service providers who work with cannabis businesses.Additional impacts:- Potentially higher operating costs and prices for cannabis businesses due to reduced ability to deduct ordinary business expenses.- Reinforcement of the federal-state policy tensions around cannabis; could influence business decisions, capital formation, and market dynamics within the state-legal cannabis sector.- Administrative and compliance implications for taxpayers to ensure adherence to the expanded or clarified scope of Section 280E.
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