By a vote of 60 to 6 the New Jersey Assembly has voted to pass legislation allowing licensed marijuana retail outlets to deduct expenses on their state tax return.
The move is being seen as a partial remedy to IRS code 280E, which prevents federally illegal entities from taking tax deductions. Supporters of the move argue that with marijuana being legal under state law, there’s no reason or basis to deny state-level tax deductions from marijuana stores, even if they may be illegal federally.
The measure (Bill A3946), introduced by Assemblymember Annette Quijano, will now need to pass the state’s Senate before it can be sent to Governor Phil Murphy for final consideration. If it is sent to the governor, he would have the option of signing it into law, allowing it to become law without a signature or vetoing it. If he chooses the latter, the legislature could override the veto with a two thirds super-majority.
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