Case Study Denver-Based Allgreens

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Denver-based Allgreens, a medical-marijuana dispensary, won an action in federal court recently that could pave the way for other cannabis-related business. The company filed a petition in U.S. Tax Court challenging a tax payment penalty the IRS imposed against it for paying its tax in cash. Due to current U.S banking regulations, marijuana related business are not permitted to deposit their money with banks and Allgreens found itself stuck, unable to deposit its money in a bank in order to make the electronic tax payment while also being fined for not paying the IRS electronically. This problem for the company was no small issue when it came time to pay the IRS its employee withholding tax. The Internal Revenue Service requires businesses …show more content…

A spokeswoman for the IRS refused to comment on the settlement or its ramifications. It remains unclear whether the IRS settlement will extend to other marijuana businesses that have been assessed the cash-payment penalty because they could not obtain banking services. However, this decision indicates a softening by the IRS toward marijuana related business, which suffer many penalties and restrictions in both tax and banking realms, as a result of the nature of their product. “If this had gone through to a successful verdict in court, it would be a precedent, but this is a concession and an agreement (the IRS) will abate penalties to those who pay in cash and don’t have access to the payments system,” said Allgreens’ attorney. “Not applying (the penalty) to other businesses uniformly would be as ludicrous as having applied it in the first place.” State and local taxes paid in cash do not incur a penalty so it makes sense that employment taxes should not either, particularly when an industry is providing work for citizens. The IRS rules are clearly arbitrary and the result of typical normal process but the cannabis economy presents unique

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