How Cannabis Businesses Can Ensure 280E Tax Compliance
Navigating sales tax is one of the trickiest parts of doing business. Among the many decisions you’ll face is whether you qualify for sales tax exemptions. One wrong move, like missing a certificate, misapplying an exemption, or misfiling your records, can expose you to audits, penalties, and unexpected liabilities. Below are the core rules every business must master when it comes to sales tax exemptions.
First, understand that exemptions can arise from multiple directions. On the selling side, there are three primary types:
On the buying side, if your business is acquiring inventory, parts, or materials, you might qualify not to pay tax at all if the seller accepts your valid exemption certificate. In other words, tax exempt purchases for business help you avoid taxing the same item twice.
One of the most important rules is that the purchaser carries the burden to submit a valid certificate; without it, you must collect sales tax. As the seller, you must reasonably verify that the certificate is valid. According to the Sales Tax Institute and state guidelines, a certificate needs certain core elements: purchaser name and address, seller name, tax identification number, description of the property or services, reason for exemption, date, and signature or title of an authorized party. Some states allow blanket certificates that cover multiple purchases over time, while others require a certificate for each transaction.
If any of those elements are missing, the certificate might be invalid. The seller may refuse the certificate and charge tax but must maintain documentation showing the refusal was appropriate. You must also retain certificates, as many states require keeping them for several years, often three years or more.
A frequent trap is assuming one certificate works everywhere. There is no single nationwide exemption certificate. States differ in what they accept. Some accept multistate forms like the Streamlined Sales Tax Certificate of Exemption or the Multistate Tax Commission resale certificate, but those are only accepted in certain jurisdictions.
In states that do not accept out-of-state resale certificates, you may need to register with that state and use its official form. Always check state-specific requirements before accepting a certificate, and update your knowledge when regulations change.
At its core, understanding how does tax exempt work means recognizing that a transaction that would otherwise be taxable becomes legally treated as non-taxable. In practice:
Being exempt from sales tax means exemption at the point of sale, provided documentation is in place and the exempt status is legitimate. If the certificate is faulty, fraudulent, or misapplied, the seller may become liable for unpaid tax, interest, and penalties.
Common mistakes include:
Some states require sellers to perform due diligence or a good-faith review of exemption certificates to ensure accuracy.
Because manual tracking is prone to errors, many businesses use software to store, validate, and manage exemption certificates. These systems can help automate verification, ensure timely renewals, and reduce audit risk. The platform Avalara, for example, integrates these tools to make certificate management more efficient.
Good certificate management supports your business during audits by providing an organized record trail and reducing the risk of disallowed exemptions.
Certain industries have added complexity:
Each of these requires customized research and sometimes consultation to structure purchases correctly.
In summary, the essential rules for understanding sales tax exemptions revolve around identifying the applicable exemption type, collecting valid exemption certificates, understanding how exemptions work legally, avoiding mistakes, using automation for compliance, and accounting for state-specific rules. Whether you are managing tax-exempt purchases for business or selling to customers with exemptions, mastering these principles helps you maintain compliance, minimize risk, and improve financial efficiency.
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