Psycon Las Vegas 2024

Psycon Las Vegas: Navigating Tax Challenges in the Psychedelic Industry

by Psilocybin Industry Accounting
Taxation Challenges in the Psychedelic Industries

At the recent PsyCon Convention in Las Vegas, Justin Botillier of Calyx CPA based in Medford, Oregon, delivered a critical presentation addressing the intersection of taxation challenges within the cannabis and psychedelics industries. With deep expertise in cannabis taxation, Justin offered insights that are particularly relevant to both sectors, especially regarding IRS Section 280E.

 

Understanding IRS Section 280E and Its Broad Implications

The core of Justin’s presentation centered on IRS Section 280E. Initially implemented during the war on drugs in the early 1980s, Section 280E prohibits businesses involved with Schedule I or II controlled substances from deducting typical business expenses, except for the Cost of Goods Sold (COGS). Justin detailed how this section affects the psychedelics and cannabis businesses, creating significant financial hurdles due to the inability to deduct ordinary business expenses.

 

Insights for the Psychedelics Industry

While he put much focus on cannabis, Justin effectively bridged the conversation to include the psychedelics industry, which faces similar challenges and uncertainties regarding taxation and regulation. As the psychedelics sector continues to evolve, understanding the application of tax laws like 280E becomes crucial for business owners and investors within this space.

 

Strategic Tax Planning for Cannabis and Psychedelics

Bifurcation Strategy

Justin outlined a bifurcation strategy recommended by other professionals working in the psychedelics space to mitigate the tax burden of 280E. By splitting operations into two entities — one for plant-touching activities and another for non-plant-touching activities — businesses can optimize their tax filings.

Single Entity Strategy

For businesses that prefer a unified operational model, Justin discussed the benefits of a single-entity strategy, emphasizing rigorous accounting practices to allocate costs properly and maximize allowable deductions excluded by 280E. This approach requires a solid understanding of IRC Section 471c, which he explained in detail, demonstrating how careful inventory costing can shield a business from excessive tax liabilities.

 

IRC Section 471c: A Tool for Compliance and Optimization

Explaining the nuances of IRC Section 471c, Justin highlighted how this section allows for greater flexibility in accounting for inventory costs, thereby increasing deductible COGS. This is vital for both cannabis and psychedelic businesses seeking to navigate the limitations imposed by 280E effectively.

 

Anticipating Future Legal and Regulatory Shifts

Justin speculated on potential shifts in drug policy and legal frameworks that could impact the application of 280E to both cannabis and psychedelic businesses. He discussed possible rescheduling efforts and new regulatory developments, suggesting that changes in the legal landscape could mitigate some of the current challenges faced under 280E, beyond just rescheduling cannabis.

 

Expert Guidance for Navigating Complex Tax Landscapes

Concluding his presentation at PsyCon, Justin Botillier emphasized the importance of engaging with tax professionals who specialize in cannabis and, increasingly, in psychedelics. As the regulatory environments evolve, his insights into effective tax planning provide a roadmap for businesses to navigate these complex fields while maintaining compliance and optimizing financial outcomes.


Justin warns that beyond concerns about the ramifications of IRS audits, companies operating in “trafficking” businesses need to be extremely careful about whom they choose to file tax returns. More often than not, it is the accountant who will mire their clients in tax debt rather than the IRS.

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INTERVIEWING BRITT ROLLINS, CEO OF THE NATIONAL PSYCHEDELICS ASSOCIATION

by Psilocybin Industry Accounting

Navigating the Psychedelics Industry: How the National Psychedelics Association is Pioneering Change

The Psychedelics Industry, once a fringe sector, has rapidly evolved into a significant area of interest for both investors and healthcare professionals alike. At the forefront of this burgeoning industry is the National Psychedelics Association (NPA), a pioneering body dedicated to facilitating the growth and regulatory navigation of psychedelic-related businesses. The NPA plays a crucial role in addressing both the opportunities and challenges encountered by those within this space, particularly in relation to financial services, business solutions, and legislative advocacy. This article delves into the comprehensive efforts of the NPA to support the psychedelics community and foster an environment conducive to the sector’s sustainable development.

Introduction to the National Psychedelics Association

The National Psychedelics Association (NPA), established with the vision of supporting the evolving needs of the psychedelics industry, serves as a beacon for those navigating the complex landscape of psychedelic substances. With a focus on promoting safe, ethical, and legal access, the NPA provides invaluable resources, including regulatory guidance, business support, and educational services. As the industry burgeons, the association’s role in uniting businesses, researchers, and enthusiasts becomes increasingly vital, ensuring the psychedelic movement progresses with integrity and professionalism.

Challenges with Banking and Financial Services

One of the most pressing obstacles faced by businesses within the psychedelics industry is the limited access to banking and financial services. Given the legal ambiguities and evolving regulations surrounding psychedelics, many financial institutions are hesitant to engage with businesses in this sector. This hesitancy can stifle growth, limiting companies’ abilities to secure funding, process payments, and manage operations efficiently. Recognizing these challenges, the NPA actively works with stakeholders to bridge the gap, advocating for clearer regulations and fostering relationships with financial institutions open to supporting the industry.

Efforts to Provide Business Solutions

In response to the unique demands of the psychedelics market, the National Psychedelics Association has embarked on a mission to deliver targeted business solutions. These efforts include offering strategic advice, facilitating networking opportunities, and providing insights into best practices for navigating the market. Furthermore, the NPA is instrumental in advocating for changes that could alleviate some of the financial and operational burdens on businesses, aiming to cultivate a thriving and competitive industry landscape.

Support for Service Centers

Service centers, such as therapeutic clinics and research facilities, constitute a critical component of the psychedelics ecosystem. The NPA recognizes the challenges such establishments face, from regulatory hurdles to logistical complexities. To address these issues, the association offers tailored support encompassing regulatory compliance, staff education, and community-building initiatives. This comprehensive approach ensures that service centers can deliver their invaluable services effectively and within legal bounds.

Guidance for Industry Professionals

The evolving landscape of the psychedelics industry necessitates continuous learning and adaptation by its professionals. The National Psychedelics Association acknowledges this need by providing a plethora of educational resources, workshops, and seminars geared towards enhancing the knowledge and skills of industry participants. By equipping professionals with the latest information on legislation, research, and market trends, the NPA empowers individuals to navigate the industry with confidence and contribute positively to its development. In conclusion, the National Psychedelics Association stands at the vanguard of the psychedelics movement, tirelessly working to address the sector’s multifaceted challenges while promoting growth and innovation. Through its comprehensive support services and advocacy efforts, the NPA is pioneering change, laying the groundwork for a future where the psychedelics industry flourishes, benefiting individuals and society at large.

NAVIGATING THE COMPLEXITIES OF 280E, 471(C), CHAMP, & STRATEGIES FOR PSILOCYBIN SERVICE CENTERS.

by Psilocybin Industry Accounting
Insights into Oregon’s Psilocybin Service Centers

Enlightening Insights into Oregon’s Psilocybin Service Centers

In this enlightening conversation, Justin Botillier, CEO of Calyx CPA in Medford, Oregon, alongside Michael Brooks, who is venturing into Oregon’s burgeoning psilocybin industry, delve deep into some of the most pressing questions faced by psilocybin service centers today.

Addressing IRS Code Section 280E and Its Implications

Addressing the intricacies of Section 280E of the IRS code, they explore its profound implications on the psilocybin industry, particularly service centers, drawing parallels and distinctions with the cannabis industry’s ongoing struggle.

Comprehensive Strategies to Mitigate 280E’s Impact

With a comprehensive analysis, Justin provides a thorough breakdown of the strategies to mitigate 280E’s impact, including the use of 471(c) and the CHAMP (Californians Helping to Alleviate Medical Problems) case as pivotal references for tax planning and business structuring.

Selecting the Appropriate Business Entity

Furthermore, the discussion covers the essential considerations for choosing the appropriate business entity, emphasizing the unique challenges and opportunities within the psilocybin sector.

Navigating Banking and Financial Operations

They also touch upon banking difficulties, offering practical advice for navigating financial operations amidst federal restrictions.

Understanding the Federal Climate and Potential Changes

Justin sheds light on the current federal climate surrounding 280E and the potential for significant legal and regulatory changes, highlighting the importance of strategic planning and robust record-keeping.

This video is a must-watch for anyone involved in or considering entering the psilocybin industry, offering valuable insights into tax strategies, business planning, and the evolving federal landscape. Whether you’re an established service center, a newcomer, or simply interested in the intersection of psychedelics and business, this discussion provides critical knowledge and guidance to navigate the complexities of operating within this unique and transformative space.