§ 3805. Cannabis Excise Tax Credit.
18 CA ADC § 3805Barclays Official California Code of RegulationsEffective: January 30, 2023
Effective: January 30, 2023
18 CCR § 3805
§ 3805. Cannabis Excise Tax Credit.
(a) A cannabis retailer may claim a credit on their cannabis tax return for the cannabis excise tax amount the cannabis retailer paid to a distributor, pursuant to Revenue and Taxation Code section 34011, on cannabis or cannabis products the distributor sold or transferred to the cannabis retailer prior to January 1, 2023, and the cannabis retailer sold to a purchaser on or after January 1, 2023, in a retail sale subject to cannabis excise tax, pursuant to Revenue and Taxation Code section 34011.2.
(1) The credit must be taken on the cannabis retailer's cannabis tax return filed for the period in which the retail sale of the cannabis or cannabis products occurred. If the credit is not taken on the proper return, the cannabis retailer may file a claim for refund for the amount for which they could have claimed a timely credit.
Credits
Note: Authority cited: Section 34013, Revenue and Taxation Code. Reference: Sections 34011.01 and 55302, Revenue and Taxation Code.
History
1. New section filed 1-30-2023 as an emergency; operative 1-30-2023 (Register 2023, No. 5). This filing is a deemed emergency pursuant to Revenue and Taxation Code section 34013(e). A Certificate of Compliance must be transmitted to OAL by 1-30-2025 or emergency language will be repealed by operation of law on the following day.
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 18, § 3805, 18 CA ADC § 3805
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