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Emma Thompson

Does our Small HOA (Homeowners Association) need to file a tax return? 146 homes, $11k annual dues

I recently stepped up to help with our neighborhood HOA after a couple board members moved away. None of us get paid - it's all volunteer work. Our HOA is pretty basic - we just make sure people follow the building rules, handle the yearly meeting, and collect the annual dues. We have 146 homes in our neighborhood, and everyone pays $75 per year, so we collect about $11,000 annually. Almost all of that money goes toward maintaining our common areas - mostly mowing services and treating the community pond. We also have some minor expenses like office supplies for sending out invoices, postage, our PO Box rental, and bank fees. We usually have around $1,000-$2,000 leftover each year that rolls over to the next year's budget. I've been looking through our records (which are honestly a bit of a mess), and I can't find any evidence that we've ever filed a tax return. The HOA has been registered with the state as a business entity since 2004 when it was established, but tax filings seem nonexistent. I'm worried we might be in trouble! So my questions are: 1. Is our HOA actually required to file a federal tax return? 2. If we were supposed to be filing taxes since 2004 but haven't been, what should we do now?

I've served on a few HOA boards over the years, and yes, HOAs are generally required to file federal tax returns. Even though you're a nonprofit organization, you still need to file. Most HOAs qualify to file Form 1120-H (U.S. Income Tax Return for Homeowners Associations), which is specifically designed for HOAs. The good news is that with this form, you only pay taxes on certain types of income - like interest earned on reserve funds or money made from non-member sources. The dues you collect from homeowners are generally exempt from taxation if they're used for the purposes you described. As for not having filed since 2004, you should consult with a CPA who specializes in HOAs right away. The IRS has programs for organizations that have fallen behind on filings. Usually, it involves filing returns for the past few years (not necessarily all the way back to 2004) and possibly paying some penalties, though these can sometimes be reduced or abated depending on your circumstances. Don't panic, but do get professional help soon. Many small HOAs find themselves in this situation, and there are established pathways to get compliant.

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Thanks for the info! Do you know if there's a minimum income threshold for when an HOA needs to file? Like if we're small enough, maybe we're exempt? Also, would we owe back taxes on that small amount we carry over each year?

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There's no minimum threshold that exempts an HOA from filing. Even if your HOA has zero taxable income, you're still required to file a return. However, Form 1120-H has a specific $100 deduction that often eliminates tax liability for very small associations. Regarding back taxes, you would only owe taxes on what the IRS considers "non-exempt function income" - primarily interest earned on bank accounts and any services provided to non-members. Given your description, your tax liability would likely be minimal or zero for most years, but you would still need to file the returns and may face some penalties for late filing.

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After serving on our HOA board for years and dealing with the same questions, I finally found taxr.ai and it was a game-changer for our association. We were in a similar situation - volunteer-run, small budget, and unsure about our tax obligations. I uploaded our financial statements and governing documents to https://taxr.ai and their system analyzed everything, confirming we needed to file Form 1120-H and explaining exactly how to categorize our income and expenses. It even flagged specific items in our financials that might trigger IRS attention. The best part was getting clear guidance on handling our past non-compliance without panicking. Their AI walked me through preparing the current year's return step-by-step and outlined a compliance plan for addressing the unfiled years. Saved us thousands compared to what our local CPA quoted.

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Does it actually provide the tax forms you need to file or just tell you what to do? I'm in a similar situation with our condo association and not sure if I need this or an actual accountant.

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I'm a bit skeptical about using AI for tax compliance issues. How does it handle state-specific requirements? Our HOA is in Maryland and I know we have some unique filing requirements here that differ from federal.

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It doesn't prepare the actual forms for you, but it generates a detailed report with all the information you need to complete them, including line-by-line guidance. I found this approach actually helped me understand our obligations better than just having someone fill out forms for us. Many users take the report to an accountant who can then prepare returns much more efficiently and affordably. For state-specific requirements, the system definitely addresses those differences. I was impressed by how it identified our state's particular filing requirements and deadlines. It covers all 50 states and will flag any special considerations for your jurisdiction - Maryland does have some unique requirements that it specifically addresses in the compliance section.

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Just wanted to follow up here. I decided to try taxr.ai after seeing this thread, and wow - it was exactly what our association needed. Our situation was almost identical (small HOA, never filed, board members constantly changing). The system identified that we qualified for retroactive tax-exempt status under 501(c)(4), which our previous accountant never mentioned! It generated a comprehensive report explaining how to approach the IRS about our past filing deficiencies using their Voluntary Disclosure program, which significantly reduced our potential penalties. The step-by-step guidance for completing Form 1120-H was incredibly detailed. I was able to handle most of it myself and only needed about 1 hour with our accountant to review everything, saving us over $800 in accounting fees. Really grateful for the recommendation here!

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I was in this exact situation last year. After months of frustrating attempts to get answers from the IRS about our HOA's filing requirements and potential penalties for prior years, I finally tried https://claimyr.com to get through to a real IRS agent. You can actually see how it works in this video: https://youtu.be/_kiP6q8DX5c Instead of endless hold times and hang-ups, I was connected to an IRS representative within 45 minutes. The agent walked me through the specific filing requirements for HOAs and explained their First Time Abatement program, which eliminated penalties for our first year of non-compliance. They also explained exactly which years we needed to file for and which could be exempted under their lookback policies. I was honestly shocked at how helpful the IRS agent was once I actually got through to someone. The guidance I received was way more specific to our situation than what I found online or even got from the local tax preparer we consulted.

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How does this service actually work? Do they just call the IRS for you? Couldn't I just do that myself and save the money?

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This sounds like a scam. The IRS doesn't give preferential treatment to people who use third-party services to call them. And I doubt they'd just waive penalties because you finally managed to get through.

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They don't just call for you - they use a proprietary system that navigates the IRS phone tree and waits on hold for you. When they finally get a human on the line, you get an immediate call connecting you directly to that IRS agent. You don't have to sit on hold for hours, but you're the one who actually speaks with the IRS. It's definitely not a scam or about preferential treatment. The First Time Abatement program I mentioned is an actual IRS program available to everyone - the problem is that many people don't know to ask for it. When I spoke with the agent, they explained my options and I specifically requested consideration under that program. The IRS has these policies in place, but they don't always volunteer the information unless you ask the right questions.

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I need to apologize to Profile 18 and follow up about Claimyr. After my skeptical comment, I decided to try it myself since our community garden association has been trying to resolve a tax ID issue for months. I was completely wrong. The service works exactly as described. After three months of trying to reach the IRS myself and never getting through, Claimyr connected me to an actual IRS representative in about an hour. The agent helped us straighten out our EIN confusion and confirmed we qualified for 501(c)(3) status, which we didn't even realize. What impressed me most was that the agent spent nearly 45 minutes walking me through the correct forms and even sent me direct links to the specific publications relevant to our situation. I've already shared this with our entire board. Sometimes you have to admit when you're wrong, and I was definitely wrong about this service.

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Something important to consider - check if your HOA has been filing state tax returns. In many states, HOAs are required to file state returns even if they don't have to file federal returns (though as others have pointed out, you do need to file federally too). In my experience, state penalties can sometimes be more aggressive than federal ones for non-compliance. When our HOA discovered we'd missed 7 years of state filings, we worked with our state's voluntary disclosure program and were able to limit our lookback period to just 3 years. Also, many states have annual reporting requirements for business entities that are separate from tax filings. If you've maintained your state business registration but missed tax filings, that might actually work in your favor when explaining the oversight.

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That's a great point I hadn't even considered! Do you know if these state voluntary disclosure programs generally require you to use a tax professional, or can board members handle it directly?

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In my experience, you don't necessarily need a tax professional to utilize a state's voluntary disclosure program, though it can certainly help. Most states have forms and procedures available on their tax department websites that you can follow yourself. That said, the complexity varies by state. Some states have very straightforward processes while others are more complicated. Given the potential penalties involved, many HOAs find it worthwhile to at least have a consultation with a tax professional who can review your approach. When we went through this, we had our approach reviewed by a CPA, but did most of the paperwork ourselves which saved us considerable money.

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One thing nobody has mentioned - if your HOA has been putting the extra $1-2k per year into a savings account or investment, you might actually owe taxes on the interest/gains. Form 1120-H lets you exclude most HOA income, but interest income is typically taxable. Based on current rates, the tax would be minimal, but worth considering as you get compliant. Our HOA had a similar situation and we ended up owing about $300 in back taxes on interest income, but the late filing penalties were waived through the abatement program someone mentioned earlier.

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This is so true. Our HOA had a CD that was earning interest and we had no idea we needed to pay taxes on it. We got hit with a small bill when we finally sorted everything out. Definitely check any interest-bearing accounts!

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As someone who's been through this exact situation with our 120-home HOA, I can confirm what others have said - yes, you absolutely need to file federal tax returns, and the good news is it's not as scary as it seems! A few practical tips from our experience: 1. **Form 1120-H is your friend** - It's specifically designed for HOAs and much simpler than regular corporate returns. Your $11k in dues income is generally exempt, so you'll likely owe little to no tax. 2. **Get your records organized NOW** - Start gathering bank statements, expense receipts, and any documentation of how funds were used. The IRS wants to see that money went toward legitimate HOA purposes (which yours clearly did). 3. **Consider the streamlined filing procedure** - The IRS has options for small organizations that have fallen behind. You typically don't need to go back to 2004 - usually just the last 3-5 years depending on your situation. 4. **Don't forget your state** - Most states also require HOA tax filings, and some have their own compliance programs that can reduce penalties. The key is acting quickly. Every month you delay makes it look worse to the IRS. Most HOAs in your situation end up paying minimal taxes but do face some penalties, which can often be reduced significantly if you're proactive about getting compliant. You've got this! Many volunteer board members have walked this path before you.

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This is really helpful! I'm curious about the streamlined filing procedure you mentioned - do you know if there's a specific form or process to request this, or is it something you just explain in a cover letter when you submit the returns? Our HOA is in a very similar situation and I want to make sure we approach this the right way from the start.

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