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BethJ2 (California)
Posts: 62
Posted:
I'm a relatively new President of our HOA, so please excuse my lack of experience. On top of this, finances is not my strong suit.

We have a lot of money in our reserves, around $2,000,000.00 for 275 units. We put more money into the reserves every month and we reinvest the interest earned to add to the reserves, but have to pay income tax on that interest. We do have a reserve study done each year. First of all, should this reserve study tell us if we have too much or not enough in our reserves? What should we be comparing ourselves to?

As a California non-profit, shouldn't we be using the interest income to reinvest in the property with improvements and upgrades rather than put all of it toward the reserves? We are paying a lot of tax on the interest.

TimB4 (Tennessee)
Posts: 21,047
Posted:
Beth,

Welcome to the forum.

Your Reserve Study should be telling you how much money you need to put aside each year to properly fund the Reserve Fund. It's based on how much money is already in the fund, the current life expectancy of your common area elements and the expected costs of planned repairs/maintenance and replacement.

Here is a link to a thread on this forum on Reserve Studies. This should provide additional information for you.

Is your study done by an outside firm or internally by the board or membership?

As for interest earned, as long as it's being used for the Association you will be fine. Typically, when you determine your annual assessments, you add up your expected annual expenses plus the amount needed to be set aside for the Reserves, subtract the expected amount of interest you will earn and then divide that answer by the number of units to see what the assessment should be per unit.

Hope this helps,

Tim
TimB4 (Tennessee)
Posts: 21,047
Posted:
oops: With having 21 posts, I should have said thanks for sharing as you have probably been welcomed to the forum.
It was the "I'm a relatively new president" that threw me.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
While not a CPA nor a tax expert, my experience says a not for profit organization can carry forward money (including interest) and not pay taxes on such if the money is earmarked for future, expected maintenance.

Like carry forward money and interest paid on it if designated for say roof replacements in 20 years.

Of course I could be wrong and I am suggesting such only as a "method" to be explored.

TimB4 (Tennessee)
Posts: 21,047
Posted:
John,

That's not my experience. Typically an association files Federal form 1120-H or form 990.

We use 1120-H which only exempts assessment payments from members and not the interest earned.

Tim

JohnC46 (South Carolina)
Posts: 14,265
Posted:
TIM

An allied story. For some 20 years I used the same CPA for my business/personal taxes. I sold the business years ago and I still use him for my personal taxes.

I also had a personal friend that was a CPA and more then once we got into a discussion about business taxes primarily concerning deductions. He said I was wrong. I replied that while not a CPA, I was basing my "belief" on what my CPA had done for me over the last 20 years.

After several discussions over a long period of time, I showed my CPA friend a few of my tax returns. After looking at them he said he understood how/what my CPA did, but he would not "be comfortable" doing what my CPA had done. He admitted that had he been my CPA, my tax liability would have been much higher.

Main difference we arrived at (and not sure my CPA friend totally agreed with) was my CPA specialized in small businesses while my CPA friend specialized in large businesses.

I knew a fellow that was born into and brought up in the mens's clothing store business. He later became a CPA and made a very, very good living specializing as a CPA in the men's clothing store business. He used to say he knew where the skeltons were buried in that business.

Moral of the story? Is if you are a not for profit organization, then get a CPA that specializes in not for profit organizations verus just any CPA.

Now if you are in the men's clothing businees... have I got a name for you.....LOL

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BethJ2 on 02/07/2012 3:04 PM
As a California non-profit, shouldn't we be using the interest income to reinvest in the property with improvements and upgrades rather than put all of it toward the reserves? We are paying a lot of tax on the interest.

It doesn't only matter what the money is used FOR, it also matters where the money comes FROM.

HOA's that choose to file Form 1120H must meet an income and expense test. Sixty percent of the association's income must be "exempt function income" which are the dues it collects from its members. No more than 40% of the income can be non-exempt function income, which includes such things as interest earned on accounts. The exempt function income is non-taxable, but the non-exempt function income is taxable, after a $100 standard deduction plus any other qualified deductions (which would be expenses related to earning that non-exempt income). It doesn't matter if the non-exempt income is reinvested in the HOA property or not.

The other test that must be met is a 90/10 expenditure test. To use Form 1120H 90% of the HOA's expenses must be to maintain its property (and related expenses); no more than 10% can be for other uses. HOAs that do not qualify to file using 1120H must file 1120. Some HOAs file for 1120 instead of 1120H anyway because there's a tax advantage in doing that.

I don't understand how an HOA qualifies to file Form 990. That's for organizations qualified under some 501(x)(x) provision. You need authorization from the IRS to do that.
TimB4 (Tennessee)
Posts: 21,047
Posted:
Bruce,

Your right, my error.

It should be form 1120 or 1120H

Tim
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

I don't understand how an HOA qualifies to file Form 990. That's for organizations qualified under some 501(x)(x) provision.


Many people get confused and think their HOA is a non-profit, usually reserved for charities and churches.

Its likely her HOA is just like everyone else; a "not for profit" which is completely different.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JohnC46 on 02/07/2012 5:23 PM
While not a CPA nor a tax expert, my experience says a not for profit organization can carry forward money (including interest) and not pay taxes on such if the money is earmarked for future, expected maintenance.

Like carry forward money and interest paid on it if designated for say roof replacements in 20 years.

Of course I could be wrong and I am suggesting such only as a "method" to be explored.


No. The interest earned on an HOA's deposits is not sheltered as it is on certain other deposits like retirement accounts. The tax on the interest must be paid as it is earned (tax on interest paid in 2011 must be paid when filing 2011 income taxes).

By the way, it may be advantageous to file 1120 instead of 1120H. Taxable income is taxed at a straight 15% when filing 1120H, whereas an an 1120 might result in a lower rate if the non-exempt function income is high. Compute the taxes using both forms and file the one that results in the lowest tax. An HOA makes an election to use 1120H instead of 1120 each year, so it's perfectly legal to do this.
BethJ2 (California)
Posts: 62
Posted:
Thank you for your replies. BruceF1, this info was also very helpful. I plan to run this by several CPAs, but didn't know which questions to ask.

We have an independent company do the reserve study, but it didn't really come out and tell us whether or not we had too much or too little in the reserves or what we should do about it. I'll be contacting them about that.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BethJ2 on 02/08/2012 9:52 AM
Thank you for your replies. BruceF1, this info was also very helpful. I plan to run this by several CPAs, but didn't know which questions to ask.

We have an independent company do the reserve study, but it didn't really come out and tell us whether or not we had too much or too little in the reserves or what we should do about it. I'll be contacting them about that.

For many HOAs the income received from dues (which is exempt function income) is the largest income they receive, whereas non-exempt function income (interest on deposits, money received from outside sources, if any, specific use fees, such as clubhouse rental, etc.) is often quite small, so the 60/40 income test is never a problem. Also, often well over 90% of their expenses are related to maintaining association property (lawn care, landscaping, snow removal, trash pickup, insurance, management costs, etc.). In that case, by filing 1120H all exempt function is non taxable. Although non-exempt function income is taxed at 15%, some HOAs are left with little or no income to be taxed after taking the standard deduction.

However, in some cases, where non-exempt income may be high, it may be more advantageous to file 1120 instead. In this case, ALL income is taxed after deductions, but it may be taxed at a lower rate which could result in a lower tax. You don't really know until you try it both ways with actual numbers. Even with personal taxes there is often no rule of thumb that can be used for all cases. Sometimes you just have to prepare the return a couple of ways to see which way results in the lower tax.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BruceF1 on 02/08/2012 2:22 PM
Posted By BethJ2 on 02/08/2012 9:52 AM
Thank you for your replies. BruceF1, this info was also very helpful. I plan to run this by several CPAs, but didn't know which questions to ask.

We have an independent company do the reserve study, but it didn't really come out and tell us whether or not we had too much or too little in the reserves or what we should do about it. I'll be contacting them about that.

For many HOAs the income received from dues (which is exempt function income) is the largest income they receive, whereas non-exempt function income (interest on deposits, money received from outside sources, if any, specific use fees, such as clubhouse rental, etc.) is often quite small, so the 60/40 income test is never a problem. Also, often well over 90% of their expenses are related to maintaining association property (lawn care, landscaping, snow removal, trash pickup, insurance, management costs, etc.). In that case, by filing 1120H all exempt function is non taxable. Although non-exempt function income is taxed at 15%, some HOAs are left with little or no income to be taxed after taking the standard deduction.

However, in some cases, where non-exempt income may be high, it may be more advantageous to file 1120 instead. In this case, ALL income is taxed after deductions, but it may be taxed at a lower rate which could result in a lower tax. You don't really know until you try it both ways with actual numbers. Even with personal taxes there is often no rule of thumb that can be used for all cases. Sometimes you just have to prepare the return a couple of ways to see which way results in the lower tax.

Search Sun City Summerlin? I believe their IRS issue is over money received from non-dues sources such as golf course, retail rental, etc., thus unique to their situation but the story has scared many HOA's.

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