CRA says you can claim medical marijuana on your taxes

gb123

Well-Known Member
that's if you are not sick, work and have taxes to pay.
Oh wait......it's a recreational MMJ market now... My bad..:roll:

The Canada Revenue Agency has confirmed that it will allow the costs of medical marijuana purchased from a licensed producer as a medical expense despite the fact that the Income Tax Act does not as yet recognize the enabling legislation.

The news, according to wawa-news.com, came in an August 24 letter from the CRA to the Canadian Medical Cannabis Industry Association, which has been lobbying the CRA to clarify the issue.

The ITA allows deductions for prescription medicines, but not for non-prescription or over-the-counter drugs even when they are recommended by a physician. As it turns out, Health Canada’s Marijuana for Medical Purposes Regulation requires a prescription. The uncertainty had arisen because amendments to the ITA recognizing the MMPR have not yet been introduced.

“This is an important step in acknowledging the legitimacy of the way patients use medical cannabis, to help manage the symptoms of a range of health conditions,” said Neil Belot, Executive Director of the CMCIA. “We have been working with the CRA and the Department of Finance for several months to clarify this issue, and we’re extremely pleased that cannabis regulated by Health Canada has been recognized as an allowable tax expense. It’s very good news, and will help make the use of cannabis as medicine more accessible and affordable for patients.”

Related
But tax lawyer David Rotfleisch of Rotfleisch & Samulovitch Professional Corporation says that CRA recognition of health-related expenses is still too limited.

“It’s very good that CRA is recognizing medical marijuana as eligible since it is clearly a physician prescribed remedy,” he says. “However, CRA takes the position that physician prescribed natural remedies, including vitamins, even if [purchased] pursuant to a written physician prescription are not eligible medical expenses.”

On principle, Rotfleisch adds, it’s difficult to distinguish between medically prescribed cannabis and other doctor prescribed natural remedies. He believes that even over-the-counter medications should qualify as medical expenses.

“Cold remedies are clearly effective in alleviating cold symptoms, but don’t qualify as medical expenses,” he says. “It seems to me that this is an area that needs a loosening of the rules by CRA.
 

gb123

Well-Known Member
of course...anything more for a patient could help..



lol thats almost funny what I said knowing that wont happen
 

cannadan

Well-Known Member
By the time you figure thru your medical expenses and add up all the years that qualify...
and factor in your income ...as usual ...you will get very little, if any, tangible amount of a tax break.
this kind of thing...should come right off the top....
 

Gmack420

Well-Known Member
Keep filing every year people! It's all suspose to be a tax write off. If you spend it on mmj claim it and keep filing for it. Maybe one year you'll get the credit. I would hope that would be the case. Not surprised Harper and co revenue Canada don't honor the cost of buying/growing outside if the mmpr. But keep track it'spossible one year you'll get that credit retroactively.
 

heckler73

Well-Known Member
you can go back 10 i believe but i would check with CRA

Medical marijuana or marijuana seeds – the amount paid to Health Canada or a designated producer for a person authorized to possess or use the drug for medical purposes under the Marihuana Medical Access Regulations or exempt under section 56 of the Controlled Drugs and Substances Act.


http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/330/llwxpns-eng.html#marihuana

I believe one can only claim for a 12month period ending in the particular tax year.
I don't believe you can use unclaimed credits in that case. They can be carried forward, if they are claimed appropriately, assuming I am reading the following correctly:
http://www.taxtips.ca/filing/medicalexpensetaxcredit.htm
 

doingdishes

Well-Known Member
if you put out $$ for
Medical marijuana or marijuana seeds – the amount paid to Health Canada or a designated producer for a person authorized to possess or use the drug for medical purposes under the Marihuana Medical Access Regulations or exempt under section 56 of the Controlled Drugs and Substances Act.

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/330/llwxpns-eng.html#marihuana
I believe one can only claim for a 12month period ending in the particular tax year.
I don't believe you can use unclaimed credits in that case. They can be carried forward, if they are claimed appropriately, assuming I am reading the following correctly:
http://www.taxtips.ca/filing/medicalexpensetaxcredit.htm
CRA was OK to accept the receipts if they were from HC.
i understand you could go back 10 years. what you have quoted there is true but that is only for one year and and not claimed in the prior tax year.
 

Gmack420

Well-Known Member
Medical marijuana or marijuana seeds – the amount paid to Health Canada or a designated producer for a person authorized to possess or use the drug for medical purposes under the Marihuana Medical Access Regulations or exempt under section 56 of the Controlled Drugs and Substances Act.

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/330/llwxpns-eng.html#marihuana
I believe one can only claim for a 12month period ending in the particular tax year.
I don't believe you can use unclaimed credits in that case. They can be carried forward, if they are claimed appropriately, assuming I am reading the following correctly:
http://www.taxtips.ca/filing/medicalexpensetaxcredit.htm
What if you claimed them as an expense(all weed buying and growing expenses related to mmj) in they year the $$ was spent but were denied the credit by RC? Would that not carry over until a favorable rc Sith Lord is running the show after the election?
 

heckler73

Well-Known Member
What if you claimed them as an expense(all weed buying and growing expenses related to mmj) in they year the $$ was spent but were denied the credit by RC? Would that not carry over until a favorable rc Sith Lord is running the show after the election?
That's what I'm wondering. Is there a "grandfather clause" involved or...? :-?
My experience with applying medical expenses on taxes is limited; no one has ever had enough expenses to get credit when I've filed them.
 

doingdishes

Well-Known Member
What if you claimed them as an expense(all weed buying and growing expenses related to mmj) in they year the $$ was spent but were denied the credit by RC? Would that not carry over until a favorable rc Sith Lord is running the show after the election?
your growing expenses are only valid if you can not use that for another purpose. if you can use the lights for tomatoes, you can't claim them. it's a messed up thing in my opinion
 
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