Chicago, IL asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois

Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal taxes, I pay state taxes, I obtain a w2, and I file my taxes every year. Would this not only be discrimination against my field of work, but also taxation without representation?

2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf of the people they represent in the discussion and decision to impose the tax.

1 user found this answer helpful

Erik K Jacobs
Erik K Jacobs
Answered
  • Rockford, IL
  • Licensed in Illinois

A: Well, its not taxation without representation because you're not getting taxed. Cannabis is still illegal at the federal level, so there are issues that Cannabis establishments have with banking, etc. I have never heard of an employee who is getting paid wages being denied from receiving a loan or assistance because they happen to work in a Cannabis related business. I'm not sure how they would even know that the business is cannabis related.

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