Tax question for legit farmers

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motherlode

motherlode

@Rolln_J
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growers are not in the same league as harborside or most dispesaries for that matter

there is still too much gray area about the legality of selling weed to a "club"

if your a grower and you want to pay taxes your asking for trouble
 
Blaze

Blaze

2,006
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I would agree with motherlode. If you are running a large dispensary or some sort of other larger cannabis business that is netting hundreds of thousands of dollars then setting up a LLC and paying taxes as a cannabis grower makes more sense. However for smaller growers I really doubt it is worth the hassle and risk. Remember that even though it may be legal to buy and sell medical cannabis here in California, you are still supposed to operate as a NPO (non-profit organization) if you are doing that. To sell cannabis, even medical cannabis for profit is still illegal, period. The IRS may not care too much where your money is coming from so long as you pay the taxes on it, but if you ever get busted or run into legal troubles, having those sales on record will generally do you far more harm than good. Here in Mendocino I've seen people get absolutely crucified by the local DA and LEO's for having those sort of records after being busted or running into other legal troubles. It is not like it is that hard to cover up where smaller amounts of cash are coming from anyway. Just file a 1044 form with the IRS and make up some other source for the income.

Also, you can be gifted cash tax free as well. I believe the max amount that can be given tax-free is still $12k a year per person but it changes sometimes from year to year. This is another way to deal with extra money as you can give it to a family member and then have them write you a check, which can then be deposited into a bank account tax-free. For example, you could give say your mother or brother $3,000 in cash and they could write you a check for $3,000 in return. The money gets white washed into a legit account this way, there is no question of where it came from, and best of all, you don't even have to give the IRS a cut since it is a "gift".
 
B

Bobby Smith

1,378
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Blaze, that's a creative idea but unfortunately wouldn't work - the IRS will consider that a transaction between you and your mother and not a gift (so you'll pay taxes and penalties if and when they discover it), and if they wanted to they could go after both of you for money laundering and tax evasion (the latter being much more likely than the former).

A gift must not receive full consideration in return.

If you wanted to claim that $3K (from your example) as income (for cutting her grass or something) and pay taxes on it (and therefore get it fully "cleaned") then you could do that.
 
Blaze

Blaze

2,006
263
Blaze, that's a creative idea but unfortunately wouldn't work - the IRS will consider that a transaction between you and your mother and not a gift (so you'll pay taxes and penalties if and when they discover it), and if they wanted to they could go after both of you for money laundering and tax evasion (the latter being much more likely than the former).

I know people who have been doing it that way and declaring to the IRS as a gift for literally decades, it works fine. The person you give the cash to simply cannot not declare it, hence as far as the paper work shows it is not a transaction but a gift. You can give money to people, it is not illegal, and so long as it is under the set amount the IRS does not tax it.
 
mastacheeser

mastacheeser

2,126
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thats genious!!!!! the criminal charge for gifting marijuana is a $100 fine (effective jan 1 2011) thanks governator!!!!
even if they want to be dicks about it they can only give you a ticket
 
Seamaiden

Seamaiden

Living dead girl
23,596
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If memory serves, Harborside is currently getting audited by the IRS - if I were one of you guys/gals, I'd be paying pretty close attention to that process and what exactly is getting deducted - could save you a boatload of money.

Slightly off-topic but relating to taxes - IF ANY OF YOU BOUGHT A MINI-SPLIT IN THE PAST YEAR (2010, and possibly 2009 as well but double-check that) THAT IS EFFICIENT (I think 16 SEER and above, but double-check that), YOU CAN CLAIM A TAX CREDIT FOR 30% OF THE TOTAL COST TO PURCHASE AND INSTALL THAT UNIT (even if you performed the install yourself).

Happy holidays :)
I don't think I can adequately express the very real fear I have of the IRS. I personally think it should be abolished entirely, but I digress. I wanted to say that back in March I bought a zero-clearance fireplace insert and we're going to be able to take that tax credit on it because it's super efficient. It's already saved us several hundred dollars between last March and now because we're not burning up shitloads of propane just to keep the house well below 70F.

I can attest, through personal experience, that if you owe enough money the IRS will show up at your door, and they will be packing heat. Make sure you don't owe them money, keep your shit tight, they can do what no other branch of the government can do.
 
F

f1ydave

277
0
I have talked to my CPA about this on several occasions. I plan on claiming Medical Services with a gross income and net income (which is what you pay taxes on) with receipts on file to boot. It will be a very simple schedule and I plan on filing as self-employed.

An LLC will be in the future with a payroll company and cutting myself checks through it on salary. Remember you can always give yourself quarterly or a year end bonus. You should really have a CPA anyway. How else are you going to accurately file your taxes?

43,000 pages of tax code in small print and you think that you can file with a $20 software or $100 H&R Block minion? There is a reason why CPA's make the big bucks. Do yourself a favor and don't file for yourself.

99% of IRS agents couldn't pass the CPA exam. You can literally call the IRS and ask the same question 1000 times and get a different answer on how to file every time.
 
motherlode

motherlode

@Rolln_J
Supporter
5,524
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with the high cost of operating and everybody and their brother growing undercuting prices and people still want to give away more of their profit and then there is the risk of it all

fuck that!

more power to ya - good luck
 

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