New York Approves State Tax Break for Cannabis Operators

April 11, 2022 02:26 pm ET

In a move that grants New York-based cannabis operators an advantage over similar companies in other states, New York lawmakers have approved language in a bill that allows the operators to deduct ordinary business expenses on their state taxes.

The agreement between lawmakers and Gov. Kathy Hochul (D) gives the state’s cannabis businesses the ability to operate like companies in other industries, which do not face the same barriers as those in the cannabis industry. Based on the state’s Fiscal Year 2023 budget, the tax break is set to apply to taxable years beginning on and after Jan. 1, 2022.

Cannabis’ status as a federally illegal Schedule I substance prevents cannabis-related businesses from deducting business expenses on their federal returns under Section 280E of the Internal Revenue Code. According to MarketWatch, lawmakers claimed that the Section 280E exemption “has impacted legal cannabis companies, including small and medium sized businesses.”

Those in support of the change hope to see the jurisdiction’s cannabis companies experience a much-needed financial boost after many years of dealing with bureaucratic red tape that has made it difficult to profit from the industry.

Some other states have also begun exploring ways to assist cannabis companies in the midst of legal gray areas. For example, California lawmakers introduced a bill in March that would allow cannabis operators to receive a tax credit in the amount equal to certain business expenses, including employment compensation, safety training, and more.

By aiding legal cannabis businesses, proponents of this kind of legislation believe the illicit market will begin to deteriorate.

Post Your Comments

mike mclaughlin says:

April 25, 2022 at 10:13 pm

Let me tell you about these tax deductions….the US canabis industry is on the Titanic. Regulations and the myriad of taxes from special districts, city, county, state and soon federal will crush the business. Taxes on weed are only going up. Tax codes are a joke. I live in Mexico, and let me list why they are going to crush the US market.
First of all there is NO personal income tax. Well water is free. People here make 20$ a day not $20 an hour. There is no unemployment insurance. There is no property insurance. There are no slip and fall lawyers. Taxes here are reasonable and way less than the US. You can grow weed all year. Land is cheaper. I own land in Mexico and my taxes are 150 dollars a year. What are property costs in california? Overpriced America is just that. America cannot compete in many areas of commerce and weed is one.

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