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Cannabis & 280E

Non-Plant-Touching Subsidiary Split (CHAMP v. Commissioner)

Separate ancillary services (consulting, IP, real estate, branding) into non-plant-touching entity — full deductions restored.

Overview

CHAMP v. Commissioner (2007) held that §280E only applies to the trafficking activity; separate trade/businesses within one entity or in a sibling entity get full deductions. Structure: Cannabis LicensedCo (§280E-limited, plant-touching only) + Non-Plant Touching SisterCo (consulting, real estate, IP licensing, back-office, branding, technology) that contracts with LicensedCo at arms-length. Full §162 deductions in SisterCo. Requires bona fide separate operations, arms-length pricing, and defensible allocation.

Best fit
Multi-license cannabis operatorsVertically integrated MSOsCannabis holding companies
Estimated impact
30–50% of overall entity tax burden

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