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Subject: My HOA is not required to file tax returns?
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JoeB20
(Kansas)

Posts:35


05/15/2019 8:04 PM  
I'm a (new this year) board member of my local HOA. The HOA has 59 homes, and no longer owns any common area property.

Questions recently came up about whether or not there have been taxes filed.

What I have been told is:
There has not been a tax filing since 1995. There wasn't any revenue/dues for a number of years. Revenue restarted in 2011. Since then revenue has been between $1,100 to $1,500 per year. A few years back the tax filing question was investigated and it was determined that the yearly revenue is under what the IRS requires for filing a return. A couple CPAs were consulted who said it wouldn't be a problem.

I've been doing some research, and I cannot find a filing threshold for HOAs. I've found several sources saying that even though HOAs may not owe taxes, they still are required to file a return.

I'm no CPA, and google results certainly aren't guaranteed, but I'm having a hard time accepting we're ok here.

Can anyone set me straight on the minimum requirements for a low revenue HOA?

Thanks,
Joe
TimB4
(Virginia)

Posts:16414


05/15/2019 9:55 PM  
Federal requirements for HOAs that are corporations require filing even if zero tax is owed.
Most State corporate requirements follow the federal requirements.

See:

About Form 1120-H, U.S. Income Tax Return for Homeowners Associations from the IRS website.
JaredC
(Texas)

Posts:214


05/16/2019 5:42 AM  
Yup. We had the same problem a long time ago i.e. no tax returns filed for years. Since our tax returns are zero it was no big deal and we had an accountant file all necessary previous tax returns and now we keep current. It's stupid but it is the law.
JaredC
(Texas)

Posts:214


05/16/2019 5:42 AM  
Yup. We had the same problem a long time ago i.e. no tax returns filed for years. Since our tax returns are zero it was no big deal and we had an accountant file all necessary previous tax returns and now we keep current. It's stupid but it is the law.
JoeB20
(Kansas)

Posts:35


05/16/2019 7:45 PM  
Thanks.
That matches what I was seeing elsewhere, but is very different than what my fellow board members think.
I guess we'll be having some interestng discussions.
TimB4
(Virginia)

Posts:16414


05/17/2019 3:45 PM  
It's common for board members who don't have a business background to rely on their experiences with personal income tax requirements. This is where the mistakes happen.

My suggestion, copy the instructions for form 1120-H and highlight the filing requirement to use as a handout when you have the discussion. Explain that you're not trying to cause issues, you simply want to be in compliance with applicable statutes.

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