Tag Archives: account

March 17, 2023

Audit Readiness for Plant Touching Businesses

By Angela Mays

A report issued three years ago by the Department of Treasury, Treasury Inspector General for Tax Administration (TIGTA), states that the IRS will begin to increase its audit of cannabis businesses throughout the country. The report, released on March 30, 2020, states that the IRS believes that most cannabis businesses have not accurately applied IRC 280E and as a result cannabis businesses could potentially owe hundreds of millions of dollars in outstanding taxes. This determination is based on an audit of tax filings of cannabis businesses in tax year 2016.

TIGTA conducted an audit of cannabis businesses in three different states, California, Colorado and Washington. Of the businesses audited, TIGTA determined, as a result of the incorrect application of IRC 280E, that 59% of those businesses required adjustments to their returns. These adjustments totaled over $48 million in unassessed taxes for 2016. The results of this audit caused the IRS to consider auditing cannabis businesses throughout the country where medical and/or adult use cannabis is sold. According to experts, cannabis (plant touching) businesses can expect an increase in tax returns to be audited now that the IRS has begun to increase their staffing resources and their ability to conduct most audits virtually.

Although the report calls for the IRS to develop guidance for the cannabis industry, the resources available are not very helpful nor does it provide the guidance that plant touching business owners need to make sure they are audit ready because audits have begun in Massachusetts, Michigan, Arizona, Oregon, Washington and Colorado.

As a plant touching business owner, you need to be prepared for a potential audit of your tax returns. To be prepared you should have the right tools to help you perform cannabis accounting. You will need to implement sound policies and procedures.

Preparation is Key

As a plant touching business owner, you should always be prepared for a potential audit whether by the IRS for IRC 280E compliance, or a financial state audit as a requirement by your investors. To prepare for an IRC 280E audit, you must first have an accounting and reporting system set up to perform accounting for your vertical – dispensary, cultivation or manufacturing business. This will include a chart of accounts for your business type because this is the foundation for your accounting system and help to track all transactions that are specific to your particular operation. It will simplify recordkeeping for recording revenue, inventory, cost of goods sold as well as direct and indirect labor costs. It will also help with maintaining your library of documentation that is tied to each transaction. The level of detail will enable you to perform accurate cost accounting as well as provide backup for how your accounting team arrived at their calculations. In addition to having a robust chart of accounts and a document library, you will also need to have written policies and procedures.

The 3 P’s – Policies, Procedures & Processes

The key to making sure you are always audit ready is to implement sound policies, procedures and processes. You want to make sure you have written accounting policies that provide guidance on how your business performs various accounting tasks. It should reflect requirements based on Generally Accepted Accounting Principles or could reference IRS requirements per IRC 280E and/or IRC 471-11. For example, you should have an accounting policy for how your organization values inventory which is important for plant touching businesses.

You should also have Standard Operating Procedures (SOPs) that provide step by step instructions on how specific tasks are performed. This will make sure that everyone within your organization is performing the various tasks the same. Your SOPs should be for all key tasks within the organization, especially those tasks that affect how transactions are recorded in your accounting system. It ensures accuracy and reliability of your financial statements.

Organizations should go a step further and create end-to-end business processes that go a step beyond SOPs. End-to-end processes are created from sequential steps that will allow auditors to follow each step to identify key controls, assess risks as well as potential fraud within an organization. Although having detailed end-to-end processes for your business is not a requirement, they do provide an extra layer of proof of the accuracy of your financial statements because you will have identified your key controls, mitigated potential risks associated with misstatements in your financial statements, and identified risks associated with fraud.

Although no one knows when or if their business will be audited, being prepared is the key to a less stressful and more successful audit. Being able to show an auditor items they may request but also having organized, easy to reference documentation that provides a detailed look at your accounting and reporting operations shows that you are serious about your business and you want to operate compliantly.

November 9, 2021

Top Questions to Ask When Hiring a Cannabis Accountant

By Jo-Anne Williams, LaKia Bourne

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As a business owner, it is imperative to concentrate your time on only the most essential areas of your business. To focus more on revenue generation and growth strategy, outsourcing your accounting is one of the wisest decisions you can make for your cannabis business.

A great accountant will prepare financial statements, manage cash flow and ensure that you remain compliant with your state’s rules and regulations. Your best option is finding an accountant who possesses the required technical and business knowledge and has also navigated the cannabis industry and understands its nuances.

There are a lot of factors to consider when searching for the right accountant and it can be difficult to know what questions you should ask. We’ve put together this list with some important considerations that pertain to accountants in the cannabis industry.

1. Do you have a network of cannabis industry professionals?

One of the greatest perks of partnering with an accountant that’s already established in the cannabis space is that they typically have connections to other industry professionals that might be helpful in the future. For example, suppose you have questions about important legislation or what permits are required for certain operations. It’s beneficial to be connected with people that can answer these questions for you.

Similarly, an accountant well-versed in the industry can notify you of events, conferences and trade shows that may be beneficial to your business. A great indicator that an accountant is well established in the industry is that they’re members of well-known trade associations, for example, the National Cannabis Industry Association.

2. What formal certifications do you hold (enrolled agent, CPA)? Are you familiar with cannabis compliance?

A CPA (Certified Public Accountant) and an Enrolled Agent have passed the IRS’s testing and keep up with continuing education every year. Not only is it necessary that your accountant has all required licensing per Internal Revenue Services (IRS), but it is also crucial to make sure you’re operating in compliance with state laws for cannabis businesses.

Dispensaries and other cannabis businesses are subject to various tax laws across every state, making compliance challenging. The rules and regulations of each state are unique. There is no exact residency requirement for every state, and some states do not apply IRS code 280E.

While an accountant might hold the necessary certifications, they might not have the industry expertise to guide you through any compliance issues you might come across. It’s important that you choose someone who’s both properly certified and well versed in the cannabis space.

3. Are you currently representing cannabis companies? How long have you been in this industry?

There is nothing typical about the cannabis industry, and it operates differently from most other industries. Businesses that have operated in the cannabis space for several years and have a wide range of clients have more experience dealing with the challenges and obstacles that come with running a cannabis business.

Finding a cannabis accountant with experience is particularly important when it comes to compliance as the rules & regulations are constantly evolving. It’s often that compliance issues can lead to hefty fines from the IRS, so choosing someone familiar with the industry will save you from these penalties.

4. What are the advantages of outsourcing accounting rather than doing it myself?

While you can take a DIY approach and purchase software like QuickBooks, there is an inherent risk in tackling all of your accounting initiatives alone. As mentioned above, the industry has its own unique challenges that differ from businesses in other fields and failure to pay close attention to these things can result in serious financial and legal trouble. A great team of accountants has the knowledge to keep you informed on the ever-changing legislation and give you advice on how to avoid costly mistakes.

Similarly, outsourcing your accounting allows you more time to focus on the most critical aspects of your business. Running your own company is in many cases a 24/7 job, with entrepreneurs scrambling to find enough time to complete daily tasks and make efforts to grow their business. An accountant that keeps accurate records of your performance can give you the data needed to identify areas of improvement and increase overall productivity.

5. What are you expecting from me every month?

One of the main reasons why some clients are left dissatisfied by accounting firms is due to miscommunication surrounding each party’s expectations. A good accounting service will establish open communication around their own needs, goals, and objectives. Educating yourself on what an accountant expects from you will enable you to give them the information they need to provide accurate and efficient services.

On the other hand, it’s just as important that you understand what will be delivered by your accountant on a regular basis. Some firms operate on an annual basis and provide one-time bookkeeping or end-of-year tax preparation. Others take a more month-to-month approach, offering continuous business consulting and tailored services unique to your business. It’s helpful to have a checklist that both you and your accountant can reference that ensures you’re staying on the same page.

Why cannabis accountants are important

To meet the growing demand for cannabis, many dispensaries and other cannabis-related businesses are opening across the country.

A company in this sector has tremendous potential for success, but that success is not without risks, especially financial challenges. Throughout the cannabis industry, there is a need for financial professionals who can understand complex laws and regulations in order to make a legal profit from the industry.

Further, business owners require assistance in navigating complicated tax laws and managing primarily cash-based businesses without the support of traditional banks. It is advantageous to have an accounting team that is knowledgeable about all the traditional accounting functions, like financial reporting and bookkeeping.

Additionally, you should find someone who can help you make the right investments and manage the ongoing flow of money into and out of your cannabis business. A great accountant will guide you to the specific tax requirements applicable to your particular legal structure, how to pay taxes owed and if any tax deductions are available despite Internal Revenue Code (IRC) Section 280E.

References:

December 2, 2020

UN Removes Cannabis From Schedule IV

By Cannabis Industry Journal Staff

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The United Nations Commission for Narcotic Drugs, based in Vienna, Austria, voted to remove cannabis for medical use from its Schedule IV status, the strictest drug classification where dangerous drugs like heroin are listed.

The vote comes after the World Health Organization submitted a number of recommendations to the commission regarding cannabis, all of which were rejected except for the Schedule IV removal, according to Kyle Jaeger at Marijuana Moment. The WHO first issued their recommendations to change the status of cannabis last year in 2019.

Dirk Heitepriem, vice president at Canopy Growth, told the New York Times the vote is a huge step forward. “We hope this will empower more countries to create frameworks which allow patients in need to get access to treatment,” says Heitepriem.

The much-delayed vote was close, with 27 in favor and 25 against, and Ukraine abstaining, but support from the United States was pivotal in getting it passed. Still though, the vote is largely symbolic – it doesn’t necessarily clear the way for countries to start legalizing cannabis and governments can still classify cannabis how they see fit.

The vote does, however, provide an important foot-in-the-door moment for cannabis advocates and businesses around the world. The commission’s decision to remove cannabis from Schedule IV means that the UN recognizes cannabis as an effective medicine, opening the door to future progress on the international level and possibly opening research opportunities along the way.

May 20, 2020

Effective Brand Engagement for Cannabis Businesses on Social Media

By Alexis Krisay

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Although the COVID-19 crisis has halted many normal business practices, that doesn’t mean that high brand engagement rates have to come to a close. In many states, the cannabis industry has been deemed an essential business. This designation as ‘essential’ opens up a prime opportunity for social media accounts to achieve positive gains and educate people about the valuable benefits of cannabis, especially with so many people staying online for longer periods of time.

It’s been clear for years that social media marketing is one of the most cost-effective ways for a business to reach customers and prospects. However, when it comes to cannabis and cannabis-related businesses, serious social media challenges are everyday occurrences. So how are you supposed to effectively market your business when you can’t promote your products and services? As a marketing professional, I know it’s a tall order, but with some smart strategic moves, it can be done.

There are a few ground rules that cannabis businesses should follow during this ongoing crisis to keep their social media engagement metrics as high as their loyal customers, while remaining in compliance with the strict rules for cannabis marketing. While the laws vary from state to state, that pesky federal illegality and Schedule I designator the DEA is dragging its feet on means that you must pay careful attention to even the smallest details. When it comes to CBD products, the FDA has been outspoken on what not to do as well. Slip up, and mainstream social platforms like Instagram and Facebook can and will restrict or even remove your brand pages. Losing all your followers and posts and having to start from scratch is not fun.

You’ll also need to get creative with your posts. Remember, never promote products, or encourage your audience to get in contact with your business, so always review and proof carefully before posting anything to your feeds. Make these simple mistakes, and your business could be seen by the platform as directly or indirectly soliciting use of an illegal substance. Cannabis businesses already have enough headaches to contend with right now without inadvertently adding to them.

PlugPlay, a California cannabis brand, stays relevant with creative posts like these.

So what should you post and how often? Now is the time to double down on educational and lifestyle related content, and for sharing how your business is addressing the ongoing COVID-19 threat. Share any new procedures and precautions to underscore that your business is dedicated to safety for staff and consumers. Post often, but don’t overdo it. Your posting frequency will be a matter of trial and error, but aim for 3-4 times per week per channel, and be sure to tailor your posts for the platform it will appear on.

Educational content doesn’t automatically mean boring! Keep your content easy to read, and choose a single topical focus or benefit. Use a variety of formats – from publishing informative blogs and podcasts that you can share to your social media accounts to direct posts of how-to and behind-the-scenes videos and rich lifestyle imagery (no product photos, please). Posting these types of media with smart captions can help gain the attention of your audience and are easy for viewers to share with their friends and followers. Speaking of which…

Embrace earned media opportunities and social media influencers who can promote your brand. If you’re not familiar with the term, earned media is the bucket we use to describe content that’s being shared and talked about by users, or even created by them. That organic exposure to a wider audience is the highly desirable side-effect of having great content – positive attention that gets shared by others.

If you’re considering working social media influencers, look for those that are already engaged with members of your target audience or that would have appeal to your customers. Be sure they can demonstrate real ROI and that they understand the importance of remaining compliant with FTC and platform specific guidelines for posting, including compensation disclosures – before signing them. Many marketing and PR agencies provide vetting of influencers, and can even negotiate contracts, often at better rates. Before deciding if influencers are right for your brand, you may want to consult with a reputable agency that has experience with hiring (and firing) social influencers.

Finally, if you haven’t yet done so, consider establishing a profile on one or more of the rapidly growing cannabis-friendly social media platforms. These include sites such as Weedable, duby, and CannaSOS. There are also a number of social media platforms focused specifically on cannabis businesses and professionals, such as Leafwire and MJLink (formerly WeedCircles). If you’re still not sure or cannot tackle this yourself, consult with an experienced marketing agency. Now get out there (safely, of course) and conquer those social media platforms the right way! Stay the course, and by the time this crisis is over, your brand could achieve a more solid position on social media, and more engaged followers.

February 21, 2020

The Cannabis Business Guide to Picking an Inventory Management System

By Melissa Diaz

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From seed-to-sale, overseeing processing and extraction as well as navigating a dense web of complicated regulations, cannabis businesses have unique inventory management needs.

Unfortunately, there is no magical, one-size-fits-all inventory solution that is perfect for all cannabis companies. That is why cannabis businesses must take time to properly evaluate and identify an inventory system that is effective for their specific needs and requirements.

Inventory management plays a crucial role in maintaining productive and compliant day-to-day operations — and when seeking investment — as it has a direct impact on a business’s bottom line. Because of the regulatory and legal complexities in the industry, using an incomplete, rudimentary or outdated inventory system can lead to serious financial discrepancies guaranteed to cause headaches for accounting professionals and business leaders.

The right system also can give businesses actionable data to respond to changing market conditions, business needs and growth opportunities as they arise quickly. This visibility is a necessary aspect of ensuring your cannabis businesses can achieve long-term, sustainable growth.

Here are some guidelines to keep in mind when shopping for an inventory management system:

Use the Cloud

First, be sure your company is using cloud-based accounting software. This will instantly simplify both your accounting and inventory processes. Cloud-based solutions ensure company financial and inventory records are up to date and accurate.

Do Not Rely on Your Accounting Software

PlantTag — A plant tagged with a barcode and date for tracking

Your accounting software may provide native functionality for inventory tracking — but do not use it. Such native inventory functions are not robust or complex enough to properly maintain the complicated inventories of cannabis businesses. For instance, your business might be cultivating numerous plants across several sites, tracking plant movement and processing, or packaging it internally. You may be selling your products at other dispensaries or supplying other dispensaries’ products at your counter. Simply put: Cannabis businesses need more sophisticated solutions to track sales, monitor supplies, oversee shipments and remain informed on where products originate from and how frequently to re-order. Native functionalities too often do not provide such robust features.

Look for Direct Integration

That said, business owners want to ensure their inventory system directly and seamlessly integrates with their cloud accounting software. You should not have to input or upload information when setting up inventory software manually. In today’s world, the two systems should automatically and easily share information with each other. Each system’s website will often say whether it can integrate with various accounting platforms, but it never hurts to do some additional research. For example, both Fishbowl and Trade Gecko can be directly integrated with Xero. Some systems even offer a demo environment to let business owners experience what the integration will look like.

Explore Invoicing Capabilities

Some inventory management systems include invoicing capabilities, which can simplify the invoicing process – or even automate it. Such functionality reduces the risk of error when transferring data between programs. A consolidated system that automatically links inventory and invoicing allows business leaders to update invoices easily, mark orders as paid or unpaid, filled or unfilled, all while keeping a close eye on inventory. Some inventory solutions even offer dynamic reporting that displays real-time sales reports and fulfillment processes – making it easier than ever to work with vendors, identify and eliminate unnecessary costs and control cash flow.

Do Not Just Sign Up with the First System You Find

Choosing an inventory management system requires plenty of thought, and no two solutions look exactly alike. So, do not rush into a commitment just to get it over with and move on. Instead, spend enough time learning about various systems and their options to guide a confident purchasing decision. Going with the wrong system and having to switch later not only wastes time and money, but it can undo many of the efficiencies you worked to implement.

Consult an Accounting or Business System Expert

Working with accounting and business systems experts will provide insights related to your short- and long-term business goals. Such experts can help business owners understand exactly how their specific inventory ought to be tracked to avoid serious discrepancies or non-compliance. In addition, a strong accounting professional can act as an invaluable resource and partner when it comes to selecting and personalizing an inventory management system and identifying inaccuracies or inefficiencies. A good tax pro also can serve as a point person between the cannabis business and the software developer to address initial customization and setup or any issues that may arise.

Running a cannabis business requires an investment of time and money from the very start. The good news: You do not have to spend an arm and a leg on your inventory management system to find something that works. Some solutions marry affordability with efficiencies — but be sure to explore several options to find the right fit, keeping in mind the guidelines laid out above. Remember: Cost does play an important role, but the system’s capabilities are more vital to positioning your cannabusiness for sustainable, long-term growth and compliance.