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10B Action 2016 0718
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10B Action 2016 0718
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7/15/2016 3:51:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/18/2016
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Reso 2016-102
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\City Clerk\City Council\Resolutions\2016
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<br /> 10 <br />Post Tax Net Income (Line 74) – Net income after taxes shall remain in the corporation as retained earnings. <br />1.B Interest and Tax Calculations <br /> <br />Interest - DSWC will be issued a loan of approximately $1.4M in start-up capital with all funds coming <br />exclusively from members of its Board of Directors. Each member of the Board of Directors has already <br />submitted to the background check requirements of this application and has executed the relevant attestations <br />to the City. The loan will be paid back over a 5-year term at a fair-market interest rate equal to the Published <br />Daily Wall Street Journal Prime Rate or equivalent interest rate benchmark. Principle and interest payments <br />will begin once operating income stabilizes, projected to be Q1 2018. The assumed interest rate in our 3-year <br />Pro Forma projections (Section 1.A) is 3%. <br /> <br />California Sales Tax – DSWC will collect sales tax on all retail sales at the time of sale using the San <br />Leandro-specific tax rate (currently 10%). Sales tax will be paid quarterly to the California Board of <br />Equalization. Sales tax was not explicitly included in the Pro Forma in Section 1.A because of its net-zero <br />effect on cash flow. <br /> <br />State Income Tax – DSWC is formed as a California Mutual Benefit Corporation in order to comply with the <br />Attorney General’s recommendations for Cannabis businesses. DSWC will file as a California C- <br />Corporation using Form 100 and will be subject to existing State tax rates (currently 8.84%). California tax <br />liabilities are determined based on Pre Tax Net Income. <br /> <br />State Excise Tax / Special Assessment – The recently passed Medical Marijuana Regulation and Safety Act <br />does not include any explicit provisions for excise taxes or special assessments on Cannabis operators. <br />However, there are currently two bills in the California legislature, Senate Bill 987 McGuire and Assembly <br />Bill 2243 Wood, which in some form are expected to pass in November 2016. SB 987 McGuire is primarily <br />an excise tax of 15% charged at the retail level. AB 2243 Wood is essentially a flat rate tax collected at the <br />distributor level with tiered tax rates; tax breaks for small operators, standard tax for medium operators and <br />increased tax for large operators; also includes “flat rate tax” on different product types. DSWC will comply <br />with these additional regulations if/when they are implemented. <br /> <br />Federal Income Tax - DSWC will use IRS Form 1120 to file federal income taxes. Federal income taxes are <br />calculated based on Pre Tax Net Income with 280e Allocation. Federal 280e allocations are determined <br />based on a portion of staff payroll and overall marketing expenses. <br />1.C Employee Benefits <br /> <br />DSWC will be a significant employer of San Leandro and East Bay residents and all employees will receive <br />compensation above San Leandro’s living wage standards. A description of staffing and compensation levels <br />for the proposed dispensary is given in Exhibits 6-8. DSWC will work closely with Stepping Stones Growth <br />Center to identify and educate local individuals for employment at the proposed dispensary. Employees will <br />be required to submit information for an employee background check by our third-party security consultants <br />from Intervention Group. DSWC reserves the right to disqualify applicants convicted of serious and/or <br />violent criminal offense. <br /> <br />Having a knowledgeable and well-trained staff is essential to establishing a trusting and caring relationship <br />with the patients we serve. Qualified prospects will be hired on a ninety-day probationary status. During this <br />time, they will be rigorously trained and evaluated for their ability to perform in a restricted-access <br />environment. All staff will be tested on their knowledge at the end of their ninety-day period to ensure they <br />have absorbed the proper information and are capable of performing their tasks safely and effectively. Costs <br />of training will be covered by DSWC. <br />474
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