Cannabis Companies Could Be Sitting on Billions of Dollars in Tax Refund Credits from the IRS if 280E Gets Eliminated

A combination of tax strategies can assist cannabis companies in alleviating their tax burden by Section 280E of the federal tax code. If recent legal precedent is applied fairly, the cannabis industry may have access to substantial unclaimed federal tax refunds. One such strategy, which Nick Richards refers to as the “280E asset method,” finds support in long-standing case law and a recent ruling by a federal claims court that prohibited the recognition of deductions as the basis.