You’re reviewing a new client’s prior-year returns when something catches your eye. The business is a consulting firm—pure services, no inventory to speak of—yet there’s cost of goods sold on Schedule C. You pull up the financial statements and find “cost of services” listed separately from other expenses. The previous preparer apparently decided consistency was the goal and carried the figure straight over to the tax return.
It’s a mistake Jeremy Wells sees all the time. In fact, he’s seen so many tax returns with this exact error that he devoted an entire episode of Tax in Action to breaking down what cost of goods sold really means for tax purposes and why getting it wrong matters more than you might think.
“I’ve seen a lot of tax returns prepared for new clients coming into my firm, where the returns were either self-prepared or prepared by another firm that reported cost of goods sold for a particular business when I knew that that business should not have reported cost of goods sold,” Jeremy explains.
You might think it all reduces taxable income anyway, so what difference does it make where the numbers land? But that reasoning misses something fundamental about what cost of goods sold actually represents in the tax code.
Only Three Types of Businesses Get Cost of Goods Sold
Treasury Regulation 1.61-3(a) tells us that only three types of businesses calculate gross income using cost of goods sold:
- Manufacturing: businesses that produce goods from raw materials
- Merchandising: businesses that purchase finished goods for resale
- Mining: businesses that extract natural resources
If your client isn’t in one of these three categories, they don’t have cost of goods sold for tax purposes.
“No other kind of business has that formula described in terms of gross income,” Jeremy emphasizes. “Only businesses in those three categories: manufacturing, merchandising, and mining.”
This trips up practitioners because every business has what Jeremy calls “direct costs”—the expenses they must pay to generate revenue. He uses his own firm as an example. They use ProConnect tax software with a pay-per-return model, buying individual credits to file or print each client’s return. These are clearly direct costs related to serving specific clients.
But those software credits are ordinary business expenses, not cost of goods sold. Jeremy’s firm provides services, not merchandise. They don’t manufacture anything. They’re not mining. So despite having clear, traceable direct costs for each client, they don’t report cost of goods sold on their tax return.
The confusion gets worse with modern businesses that blur traditional categories. A business coach might sell one-on-one coaching (a service) while also selling digital products or online courses (potentially merchandise). A content creator might offer consulting while also selling physical products. Each revenue stream needs its own analysis.
“I’ve even had some pushback from new clients when we prepare that first tax return, where the prior returns had cost of goods sold reported, the return I prepared doesn’t, and the taxpayer actually notices and questions that,” Jeremy says.
Understanding which businesses qualify is just the start. The real insight comes from understanding why this classification matters so much.
Cost of Goods Sold Isn’t a Deduction—It’s Income Itself
Every tax professional knows the phrase, “expenses are deductible due to ‘legislative grace.’” Congress decides what deductions you can take. They can expand them, limit them, or take them away entirely.
But cost of goods sold works differently.
IRC Section 61 defines gross income as “income from whatever source derived.” For those three special categories of businesses, the regulations specify that gross income equals gross receipts minus cost of goods sold. This happens before you even think about Section 162 ordinary and necessary business expenses.
“Cost of goods sold is actually part of the definition of gross income when it comes to tax,” Jeremy explains. “It’s not just a special kind of expense.”
The courts have interpreted this to mean that cost of goods sold represents a “return of capital” rather than a tax deduction. When a store buys inventory for $50 and sells it for $100, that first $50 isn’t income; it’s just getting back the money they invested. The income is only the $50 profit.
This has real implications for what costs belong in the calculation. The basic formula is:
Beginning inventory + purchases of inventory + production costs (direct labor, freight)
– ending inventory
= cost of goods sold
Selling, general, and administrative expenses never belong in cost of goods sold, no matter how essential they are to running the business. These are always ordinary expenses.
The courts don’t care what you call things. In Atkinson v. Commissioner, a taxpayer tried to classify operating expenses as cost of goods sold. The Tax Court rejected this because the costs weren’t directly tied to inventory. As Jeremy notes, “Economic reality controls over labels used on tax returns or financial statements.”
For most businesses, this distinction is about accuracy. But there’s one area where understanding the difference between cost of goods sold and deductions becomes absolutely critical.
When Getting It Wrong Can Cost Millions: The Cannabis Example
IRC Section 280E is tough on cannabis businesses as it allows no deductions or credits for businesses trafficking in Schedule I or II controlled substances. Since marijuana remains Schedule I under federal law, dispensaries can’t deduct rent, utilities, salaries (except those directly tied to inventory), or any other ordinary business expense.
Their taxable income essentially equals their gross income. Except for cost of goods sold.
“Section 280E doesn’t disallow cost of goods sold,” Jeremy explains. “Because cost of goods sold is not an ordinary deduction; it is a reduction of gross income.”
This distinction became the center of Californians Helping to Alleviate Medical Problems (CHAMP) v. Commissioner, a 2007 Tax Court case that Jeremy calls “a really good illustration of why this concept is important.”
CHAMP operated both a medical marijuana dispensary and provided caregiving services for patients. Same business, two revenue streams, completely different tax treatment.
The IRS looked at the business and said it was trafficking in marijuana, Section 280E applies, no deductions allowed. CHAMP argued that costs of acquiring marijuana inventory were cost of goods sold that reduced gross income.
The Tax Court partially agreed. They allowed cost of goods sold, but only for costs directly tied to acquiring marijuana inventory. The dispensary’s operating costs were disallowed under 280E. It also disallowed the caregiving service costs and since caregiving is a service, those costs couldn’t be cost of goods sold anyway.
“The Tax Court allowed cost of goods sold, but only for the inventory-producing activity, only for the merchandising part of the business,” Jeremy clarifies. “Not for the caregiving services.”
This case shows having inventory isn’t enough to sweep all your costs into cost of goods sold. When a business has multiple activities, you have to analyze each one separately. And courts always look at economic substance over whatever labels you use.
Common Mistakes and How to Fix Them
Jeremy shares a frustration many practitioners face: clients who report the same inventory year after year or give suspiciously round numbers.
“We ask for their ending inventory and we get the same number as last year’s ending inventory, or we get round numbers,” he says. A restaurant claiming exactly $1,000 in beverage inventory while doing millions in revenue? “I seriously doubt that it’s an accurate reflection of their inventory.”
For sole proprietors and single-member LLCs, cost of goods sold goes on Schedule C, Part III. Corporations and S-corporations use Form 1125-A. Both forms walk through the same calculation: beginning inventory, plus purchases and production costs, minus ending inventory.
The key is educating clients about proper inventory counts and valuation. This matters for accuracy and for defending the numbers if the IRS asks questions. The substantiation requirements are the same as for any business expense. You must prove costs were incurred, properly classified, and correctly valued.
Jeremy also mentions that inventory valuation methods matter. Businesses can use First-In-First-Out (FIFO), Last-In-First-Out (LIFO), or average cost methods. But consistency is necessary. You can’t switch methods year to year just to get better results.
One final note on the future: if marijuana gets removed from Schedule I, Section 280E would no longer apply to cannabis businesses. But Jeremy cautions this would likely only affect future years. “It’s very unlikely that something like that would happen” retroactively, he explains. For now, the distinction between cost of goods sold and ordinary expenses is critical for every cannabis business.
The Bottom Line for Tax Professionals
If you take away nothing else from this episode, remember cost of goods sold belongs only to manufacturing, merchandising, and mining businesses. A consulting firm with “cost of services” is ordinary expenses. Same for the coaching business tracking direct costs.
“Just because the financial statements report cost of goods sold or cost of sales or cost of services doesn’t mean the tax return should or even can have cost of goods sold,” Jeremy emphasizes.
This isn’t about matching financial statements to tax returns. Cost of goods sold represents a return of capital invested in inventory, not just another expense category. When you get this right, you properly calculate income.
For most clients, fixing this means moving numbers from cost of goods sold to ordinary expenses. When they ask why their return looks different, you now have the framework to explain why accuracy matters more than consistency with an incorrect approach.
For cannabis clients, the stakes are much higher. Under Section 280E, properly identifying cost of goods sold might be the difference between staying in business and closing doors.
Whether you prepare returns for a local retailer or advise a multi-state dispensary, you should understand what cost of goods sold really means, know which businesses qualify, and report costs where they belong based on substance, not convenience.
To dive deeper into the regulations, court cases, and practical examples, listen to the full Tax in Action episode. Jeremy walks through each concept step by step, giving you the technical foundation to turn confusion into competency.
