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Anchorage Treasury will not issue a marijuana retail sales tax registration until your financial guarantee has been reviewed and accepted. A surety bond is one of three ways to meet that guarantee, and it keeps your cash in the business instead of locked in an escrow account or tied up behind a bank letter of credit.
Every marijuana retailer registering for the Municipality of Anchorage retail sales tax under AMC Chapter 12.50 must post a financial guarantee under AMC 12.50.160. The amount is not fixed. Treasury sets it at its estimate of your average annual sales tax, based on your own sales, comparable retailers or industry averages, or $10,000, whichever is higher.
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Most retailers expect a flat figure. Anchorage does not use one. Under AMC 12.50.160 the chief fiscal officer sets the guarantee at an estimate of the average annual sales tax collected by the retailer, a comparable retailer or industry averages, or $10,000, whichever is higher. So $10,000 is the floor. A busy store can be asked for more. Treasury reviews your application, tells you the required amount, and only then reviews the guarantee you provide. It can also require an increase later based on the sales reported on your returns or found in an audit.
The bond is a Tax Liability Bond on the Municipality of Anchorage form, running to the Chief Fiscal Officer. It guarantees that the retailer will pay all taxes, penalties, interest and costs owed under AMC Chapter 12.50 during the effective period of the bond. The surety must be authorized to do business in Alaska. Liability continues until the surety terminates the bond, and the surety must give Treasury written notice at least 30 days before any expiration, nonrenewal, lapse or termination.
AMC 12.50.160 allows only three methods: a surety bond, a cash deposit in escrow with the municipality or an Alaska financial institution, or an irrevocable letter of credit from a bank authorized to do business in Alaska. The guarantee can be posted in the retailer's name or personally by an owner, partner, member, officer, director or responsible party.
Once a retailer has filed returns and paid the tax in full and on time for 24 consecutive reporting periods, it may ask Treasury in writing to waive the guarantee requirement. Until then the guarantee stays in force for as long as the store is registered.
At least $10,000. Treasury estimates your average annual sales tax using your sales, comparable stores or industry averages and sets the guarantee at that estimate if it is higher than $10,000. Treasury tells you the figure after reviewing your application.
Yes. The application states that Treasury may review the adequacy of the guarantee at any time it is required and may require an increase based on sales reported on your returns or found in an audit.
After 24 consecutive reporting periods of filing returns and paying the tax in full by the due date, you may request in writing that Treasury waive the guarantee requirement.
Yes. AMC 12.50.160 lets an owner, partner, member, officer, director or responsible party provide it through a personal guarantee, using one of the approved methods.
You pay an annual premium rather than the full bond amount. The surety sets it after reviewing credit and business finances, and it scales with the amount Treasury requires.
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