
IRS 280E explained for cannabis businesses. Learn what 280E prohibits, which expenses are not deductible, how taxable income is calculated, and why dispensaries pay tax on gross profit instead of net profit.
Section 280E of the Internal Revenue Code states:
Businesses trafficking in Schedule I or II controlled substances may not deduct ordinary and necessary business expenses.
Cannabis remains Schedule I federally.
This triggers 280E.
Cannabis businesses may deduct:
Cost of Goods Sold (COGS)
COGS includes:
Operating expenses are not deductible.
Revenue: $3,000,000
COGS: $1,800,000
Operating expenses: $900,000
True profit: $300,000
Under normal tax rules:
Taxable income = $300,000
Under 280E:
Taxable income = $1,200,000
Federal tax at 21%:
$1,200,000 × 21% = $252,000
Tax is calculated on gross profit, not net profit.
Because taxes are based on gross profit: