This bill is part of the 2021 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
AB 828 (Cooper D) Cannabis excise tax: remittance and collection.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, imposes an excise tax on the purchase of cannabis and cannabis products and a cultivation tax upon a cultivator on harvested cannabis that enters the commercial market, as specified. Existing law requires the California Department of Tax and Fee Administration to administer and collect those taxes.
Existing law requires the cannabis retailer to collect the cannabis excise tax from the purchaser and to remit that tax to a distributor, and the distributor is required to remit that tax to the department, as specified. Under existing law, the excise tax is due and payable to the department quarterly on or before the last day of the month following each quarterly period of 3 months.
This bill, instead, would authorize a distributor that has not collected the excise tax from the cannabis retailer in the quarter that the cannabis or cannabis product was purchased to remit the tax in the return for the following quarter.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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