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Unpaid cannabis tax in Canada balloons to almost CA$200 million

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The amount of unpaid federal excise tax owed by Canada’s cash-strapped licensed cannabis producers more than tripled in the latest fiscal year from a year earlier as companies complain they’re getting buried by government fees and levies.

Federally licensed cannabis producers owed the Canada Revenue Agency 192.7 million Canadian dollars ($145 million) as of March 31, 2023, a more than threefold increase over the 2021-22 fiscal year’s CA$52.4 million.

Levy debt has been on a steep upward curve since Canada legalized cannabis in 2018.

Canada’s excise duty imposed on producers’ dried cannabis is either CA$1 per gram or 10% of the value of the gram, whichever is greater.

As of the end of March, the levy debt stood at:

  • CA$147,425 in 2019.
  • CA$4.4 million in 2020.
  • CA$16 million in 2021.

“This massive and accelerated growth of total excise owing as well as total number of (licensed producers) in arrears is indicative of a sector-wide inability to survive under current excise tax policy,” Dan Sutton, CEO of British Columbia-based cannabis producer Tantalus Labs, told MJBizDaily in a phone interview.

Sutton has led a drive in recent years to try to convince the federal government to amend the tax.

Different excise rules apply to various cannabis derivatives and other products such as edibles.

The data obtained by MJBizDaily shows that federal tax debt is piling up at an increasing number of licensed cannabis producers.

In March 2020, only 68 regulated cannabis businesses owed an excise debt to the federal government.

One year later, that had shot up to 141 companies with excise debt.

As of March 2023, that figure had skyrocketed to 213 companies, or approximately 70% of the 305 licensees, required to pay excise duty.

Taxman upping pressure

As cannabis excise debt soars across Canada, the Canada Revenue Agency has been increasing the pressure on producers with outstanding payments.

One letter the agency sent to a licensed producer – and obtained by MJBizDaily – used the subject line: “Legal warning about your cannabis duty debt.”

The revenue service warned the business: “If you do not pay the full amount or respond to this letter within 14 days, we may enforce Cannabis Duty provisions of the Excise Act, 2001 without further notice.”

MJBizDaily asked the Canada Revenue Agency (CRA) how many legal warning letters had been sent to cannabis businesses regarding their outstanding levy debt.

“The CRA does not release information that could jeopardize the integrity of the tax system,” a spokesperson responded via email, adding:

“The Canada Revenue Agency is firmly committed to responsible enforcement in order to preserve the integrity of Canada’s tax system.

“The CRA’s collection policy is to resolve issues in a mutually satisfactory way.

“The CRA encourages taxpayers to contact us and to work with us to develop suitable payment arrangements based on their ability to pay.”

How did this happen?

Tantalus Labs’ Sutton argues Canada’s tax policy for cannabis was built around an “egregious miscalculation” of long-term wholesale price.

The excise formula was created by policymakers who expected wholesale prices for flower – the most popular consumer segment – to be at least CA$10 per gram.

Instead, actual prices are less than CA$1 in some cases, leaving almost no margin for licensed producers.

“The original estimation of CA$10 per gram wholesale price has never been close to reality, and LPs are buckling under the weight of a tax burden that often extracts 30% of top-line revenue,” Sutton said.

“Government has acknowledged the need for ‘recalibration’ as early as 18 months ago, but continued inaction has pushed the entire industry, especially small business, to a critical breaking point.”

Current wholesale prices are closer to CA$2.75 per gram or less, depending on the product, with some flower coming in under CA$1 per gram.

The lower price means that cannabis producers are paying an unexpectedly high excise tax – one that was based on a wholesale price nearly four times the current level of wholesale prices.

In 2022 alone, cannabis wholesale prices crashed by more than 40% as struggling cultivators chose to sell off their unsold marijuana instead of destroying it.

The average price per gram for bulk wholesale flower in 2022 was CA$1.06 a gram on the Canadian Cannabis Exchange (CCX), a live trading platform for B2B wholesale marijuana, a steep decline from an average price of CA$1.80 a gram in 2021.

Consumer prices have been in freefall since 2019, the first full year of legalization, as the Canadian market was flooded because of cannabis overproduction.

Windfall for government

Private-sector profits are few and far between, but governments of various levels have made a windfall from cannabis sales.

The total excise duty assessed by the CRA on cannabis producers swelled to CA$752.5 million in 2021-22, up by almost half from the 2020-21 fiscal year, when the federal government pulled in CA$514 million.

Canadian provincial and federal governments collected more than CA$1.5 billion in cannabis-related profit and tax revenue in fiscal 2021-22.

Over the same 12-month period, retail cannabis sales in Canada amounted to CA$4 billion.

That means, before any profit was made in the private sector, 38% of all cannabis-related revenue went to the federal or provincial governments.

The federal tax, three-quarters of which is shared with provinces and territories, isn’t the only way the government collects taxes and fees from cannabis businesses.

In the 2021-22 fiscal year, which went from April 2021 to March 2022, government-owned provincial cannabis authorities’ profits totaled CA$332.3 million, according to Statistics Canada figures.

That figure wasn’t available for 2022-23.

Other tax revenue from Canadian cannabis sales in 2021-22 were:

  • Harmonized sales tax: CA$236.1 million.
  • Goods and services tax: CA$110.7 million.
  • Provincial/territorial sales tax: CA$110.8 million.
  • Other provincial/territorial revenue: CA$9.8 million.

Still, Canadian governments at all levels are missing out on millions of dollars in unpaid taxes and fees when cannabis producers ultimately fail.

When Phoena Holdings, formerly known as CannTrust Group, filed for creditor protection in April, its fourth-largest unpaid creditor was the federal tax collection agency and was owed approximately CA$870,000.

Health Canada, the federal cannabis regulator, was owed almost CA$100,000.

The Town of Pelham, Ontario, where a cultivation facility was located, was owed CA$23,031.

Source: https://mjbizdaily.com/unpaid-cannabis-tax-in-canada-balloons-to-almost-ca200-million/

Business

Alleged Crores Pharma Scam Mastermind Arrested from Surat

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After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.

Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.

Fake Business Deals and Dishonoured Cheques Used in Fraud

Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.

In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”

Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.

Multiple Identities and Repeated Fraud Pattern

Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.

Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.

Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.

Multi-State Surveillance Leads to Arrest in Surat

A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.

Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.

Growing Threat of Corporate Identity Fraud

The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.

Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.

Experts Urge Stronger Due Diligence in High-Value Transactions

Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.

Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.

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Business

EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices

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A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.

Investigation Under Digital Markets Act Gains Momentum

The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.

Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.

Industry Groups Demand Swift Action

Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.

Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.

In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.

Google Denies Allegations

Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.

However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.

Potential Billion-Euro Penalties

If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.

Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.

Wider Implications for Big Tech

The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.

A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.

As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.

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AI & Technology

Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations

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Milan: U.S. tech giant Amazon is facing the prospect of a major legal showdown in Italy, after prosecutors in Milan formally requested a court to move forward with criminal proceedings over alleged tax evasion totaling approximately ₹12,500 crore (€1.2 billion).

The case targets Amazon’s European division along with four senior executives, marking one of the most significant tax-related investigations involving a global e-commerce platform in Europe.

Trial Push Despite Multi-Million Euro Settlement

The move comes even after Amazon reached a financial settlement with Italian tax authorities in December, agreeing to pay around ₹5,500 crore (€527 million), including interest, to resolve part of the dispute.

Typically, such settlements lead to the closure of criminal investigations. However, Milan prosecutors have opted to proceed, signaling a tougher stance on alleged corporate tax violations.

A preliminary hearing is expected in the coming months, where a judge will decide whether to formally indict the company and its executives or dismiss the case.

Allegations of VAT Evasion Through Marketplace Sellers

At the center of the investigation are claims that Amazon’s platform enabled non-European Union sellers to avoid paying value-added tax (VAT) on goods sold to Italian consumers between 2019 and 2021.

Prosecutors allege that the company’s marketplace structure allowed thousands of foreign vendors—many reportedly based in China—to operate without fully disclosing their identities or tax obligations. This, authorities argue, led to substantial VAT losses for the Italian government.

Under Italian law, online platforms facilitating sales can be held partially liable if third-party sellers fail to comply with tax requirements, a key point in the prosecution’s case.

Italian Government Named as Affected Party

In their filing, prosecutors identified Italy’s Economy Ministry as the injured party, citing significant financial damage resulting from the alleged tax evasion.

Legal experts say the outcome of the case could have wide-ranging implications across the European Union, where VAT systems are harmonized and similar compliance rules apply to digital marketplaces.

Multiple Investigations Add to Pressure

The VAT probe is just one of several legal challenges facing Amazon in Italy. The European Public Prosecutor’s Office is reportedly examining additional tax-related issues covering more recent years.

Meanwhile, Milan authorities are pursuing separate investigations into alleged customs fraud linked to imports from China and whether Amazon maintained an undeclared “permanent establishment” in Italy—potentially exposing it to higher tax liabilities.

In a separate regulatory action, Italy’s data protection authority recently ordered an Amazon unit to stop using personal data from over 1,800 employees at a warehouse near Rome.

Amazon Denies Allegations

Amazon has consistently denied wrongdoing and indicated it will strongly contest the allegations in court if the case proceeds. The company has also warned that prolonged legal uncertainty could impact investor confidence and Italy’s appeal as a destination for international business.

Broader Impact on Europe’s Digital Economy

If the case moves to trial, it could become a landmark moment for the regulation of global e-commerce platforms in Europe. Governments across the region are increasingly scrutinizing how digital marketplaces handle tax compliance, especially in cross-border transactions.

With online retail continuing to expand, regulators are under mounting pressure to ensure that multinational platforms and third-party sellers adhere to the same tax rules as traditional businesses.

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