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Anastasia Kuznetsov

Does our small HOA need to file federal tax returns? 146 homes, $11k annual revenue

Hey everyone, I've recently stepped in to help with our neighborhood HOA after a couple board members moved away. None of us get paid - totally volunteer basis. Our HOA is pretty basic - we just enforce some building rules, hold an annual meeting, and collect yearly dues. We have 146 homes that each pay $75 annually, so we collect about $11,000 per year. Almost all of that goes toward common area maintenance - mostly lawn mowing and treating the community pond. We have small expenses for office supplies, mailing invoices, postage, our PO Box, and bank fees. We usually carry forward about $1-2k each year to the next. Here's my concern - I've been looking through old HOA records (which are pretty sparse), and I can't find any evidence we've ever filed a tax return. The HOA is definitely registered as a business entity with our state and has been since 2004. So my questions are: 1. Is our HOA actually required to file a federal tax return? 2. If we were supposed to be filing since 2004 but haven't been, what the heck do we do now?

As someone who's served on several HOA boards, I can help clarify this for you. Yes, HOAs are generally required to file federal tax returns, even if they're small and nonprofit. The good news is there are special provisions for HOAs. You'll need to file Form 1120-H (U.S. Income Tax Return for Homeowners Associations) if you qualify and elect to file as a homeowners association under Section 528. This is usually the simplest option for HOAs. Alternatively, you could file a standard Form 1120 (U.S. Corporation Income Tax Return), but the 1120-H typically offers better tax treatment for HOAs. As for the income situation, HOAs can exclude "exempt function income" (like member dues) from taxation if that money is used for the maintenance and operation of the association properties. You'd only pay tax on "nonexempt income" such as interest earned on bank accounts or fees collected from non-members.

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Thanks for that info! So even though we're tiny and basically just collect money to mow grass, we still need to file? Also, what about the fact that we apparently haven't filed anything since 2004? Should I be panicking right now?

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Yes, even small HOAs need to file, but don't panic about the past non-filing. The IRS tends to be more understanding with volunteer-run organizations like HOAs. Your situation is actually quite common. For the missed filings, I recommend starting by filing for the current year to get compliant going forward. Then consider working with a tax professional experienced with HOAs to address the past years. They might recommend filing for some recent years and/or seeking penalty abatement. Many HOAs qualify for penalty relief through a first-time abatement program if they haven't had previous penalties.

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Zara Khan

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After reading your post, I wanted to share my experience. I was in a similar situation with our neighborhood association a few years back. We discovered we hadn't filed taxes in ages, and I was freaking out. I found this tool called taxr.ai (https://taxr.ai) that really helped us sort through our situation. It analyzed our financial documents and clearly explained which tax forms we needed to file as an HOA. The system flagged that we qualified for Form 1120-H and showed us exactly what information we needed to gather. The best part was that it helped us understand which of our income was "exempt function income" versus taxable. It also guided us through the process of addressing those missing tax years. I'm not particularly tax-savvy, but this tool made the process way less intimidating. Our board was able to get compliant without hiring an expensive accountant.

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How does that tool actually handle the previous years situation? Like if they've missed filing for nearly 20 years, does it help with that specific problem or just the current filing? I'm asking because our condo association might be in a similar boat...

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I'm skeptical about using online tools for something this serious. Isn't there a risk you'd miss something important that could come back to bite you? Our HOA got hit with penalties years ago for some filing mistake and it was a mess. How confident were you that this covered all the bases?

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Zara Khan

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The tool actually does help with previous years. It has a specific module for addressing unfiled returns that walks you through the process of getting compliant, including which past years you need to prioritize. It analyzes your specific situation and recommends a course of action - in our case, it suggested filing the three most recent years and provided documentation to request penalty abatement. Regarding the concern about missing something important, I felt the same way initially. What gave me confidence was that it was specifically designed for tax compliance situations and uses the same guidelines tax professionals follow. It flagged several items our board would have missed, especially regarding exempt vs. non-exempt income. We ended up running our final forms by a CPA friend who confirmed everything was handled correctly.

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I wanted to follow up on my experience with taxr.ai after asking about it earlier. I finally convinced our condo board to try it for our similar situation (we hadn't filed in about 8 years). The system analyzed our bank statements and meeting minutes, then created a comprehensive report that showed we actually qualified for a simplified filing status. The tool guided us through filing Form 1120-H for the current year and the three previous years, and generated a penalty abatement request letter that explained our volunteer status and lack of awareness. The IRS actually approved our abatement request! The system also created a compliance calendar for us going forward so we won't miss deadlines again. What impressed me most was how it interpreted our specific financial situation - it correctly identified that our reserve funds interest was taxable while our member assessments were exempt. Definitely worth checking out if you're in a similar situation.

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Nia Williams

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If you're struggling to get in touch with the IRS about your HOA tax situation, I highly recommend using Claimyr (https://claimyr.com). When our HOA realized we hadn't filed returns for years, we had several specific questions about our situation that weren't answered online. I spent days trying to get through to the IRS business tax line with no luck. Then I found Claimyr, which got me connected to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with explained exactly which forms we needed to file for our missed years and confirmed we could request penalty abatement due to our volunteer status. This saved us from potentially filing unnecessary returns or using the wrong forms. Getting direct guidance from the IRS gave our board confidence we were handling the situation correctly.

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Luca Ricci

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Wait, how does this actually work? I thought it was impossible to get through to the IRS without waiting hours. Is this some kind of paid service that cuts the line or something?

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I'm extremely doubtful this actually works. I've tried every trick in the book to reach the IRS and nothing works. They're basically unreachable unless you want to wait 3+ hours. If this really worked, wouldn't everyone be using it? Sounds too good to be true.

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Nia Williams

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It works by using an automated system that navigates the IRS phone tree and waits on hold for you, then calls you once it reaches an agent. You don't have to stay on the line during the wait time. I was skeptical at first too, but it really does work - I was cooking dinner when I got the call that an agent was on the line. This isn't line-cutting - they're waiting in the same queue everyone else does, but their system handles the wait time instead of you having to do it personally. And yes, it is a paid service, but considering the time it saved our board and the specific guidance we received, it was absolutely worth it for our situation. The IRS agent answered all our specific questions about our HOA's missed filings in about 10 minutes.

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I need to eat my words about both services mentioned here. After being skeptical, I tried Claimyr yesterday out of desperation because our HOA needed guidance on some specific tax questions before our filing deadline next week. I was genuinely shocked when my phone rang about 25 minutes later with an actual IRS business tax representative on the line. The agent explained that our HOA qualified for a simplified filing procedure and confirmed that our security patrol fees were still considered exempt function income. This was something our board had been debating for weeks! She also explained exactly which form to use for requesting penalty abatement for our late 2023 filing. I'm usually the first person to call out things that seem fishy, but this service actually delivered exactly what it promised. Just wanted to follow up and acknowledge that my skepticism was misplaced. Sometimes good solutions do exist!

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Don't forget that your state might have separate filing requirements for HOAs too! Here in Texas, our HOA has to file an annual report with the Secretary of State in addition to federal taxes. We missed it one year and got hit with a $50 penalty. Also, keep good documentation of your exempt vs non-exempt income. Our HOA got a small amount of money from a cell tower company paying to access our property, and that was definitely taxable income. The IRS is usually pretty reasonable with volunteer organizations, but having clear records makes everything easier if questions come up.

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Oof, good point about state requirements. Do you happen to know if having to backfile federal returns would trigger any state issues too? Or are those systems separate enough that state wouldn't notice?

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The systems are somewhat separate, but there's definitely some information sharing between federal and state tax authorities. In my experience, if you address the federal filing issues, it's best to proactively handle any state requirements at the same time. Most states have their own procedures for late filings and reasonable cause abatement for penalties. I'd recommend checking your state's secretary of state website or department of revenue for specific HOA requirements. In many cases, the state filing is just an annual report or information return rather than a complex tax return, so catching up on those might be fairly straightforward.

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One thing to consider is opening a separate checking account specifically for any money that might be considered non-exempt income. Our HOA has a main account for dues and maintenance expenses, but we also have a small secondary account where we deposit things like late fees, interest income, and rental fees when people use our clubhouse. This makes it so much easier at tax time because we can clearly show what income might be taxable. We've been filing the 1120-H for years and our accountant always appreciates that we keep things separated this way. Just a tip that might help as you get your finances organized!

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Yuki Watanabe

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That's actually brilliant. Our HOA has everything jumbled in one account and it's a nightmare trying to sort out what's what at the end of the year. Do most banks let you open multiple business accounts under the same entity without extra fees?

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