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HaroldS (Arizona)
Posts: 906
Posted:
Here is a great article on IRS requirements for HOAs. http://realtytimes.com:80/rtcpages/20050810_audits.htm
Remember, an unhappy member can report you which could result in an audit. Be prepared! Harold
RogerB (Colorado)
Posts: 5,067
Posted:
Thanks for the reference Harold. It's a nice article, reminds me of those days as a boy scout - BE PREPARED.

"When selecting a property manager or accountants, make sure they are familiar with applicable IRS rules which are continuously evolving. Your property manager needs to know how to allocate various expenses so your HOA can properly compute its taxable income and file the return."

BobM5 (California)
Posts: 34
Posted:
I was under the impression that any money left in operating funds at the end of the year need to be rolled over into the reserve funds to avoid taxes. Our monthly operating funds were budgeted for about $12,000 a month in 2006. On December 31,2006 we had a balance of about $14,000 in our operating funds account. Our operating budget is about the same for 2007. At our annual meeting in March, should the $2000 excess be rolled over into the reserve account? Our management company says "no."

From reading the Realty Times article, I'm not sure. I note that it says a rollover must be approved by the homeowners and not just the board. If a rollover is necessary, can this be approved by a show of hands of those homeowners present at the annual meeting or must a ballot go out to all homeowners?
WilliamT (Arizona)
Posts: 489
Posted:
Posted By BobM5 on 01/27/2007 6:19 AM

I was under the impression that any money left in operating funds at the end of the year need to be rolled over into the reserve funds to avoid taxes. Our monthly operating funds were budgeted for about $12,000 a month in 2006. On December 31,2006 we had a balance of about $14,000 in our operating funds account. Our operating budget is about the same for 2007. At our annual meeting in March, should the $2000 excess be rolled over into the reserve account? Our management company says "no."

From reading the Realty Times article, I'm not sure. I note that it says a rollover must be approved by the homeowners and not just the board. If a rollover is necessary, can this be approved by a show of hands of those homeowners present at the annual meeting or must a ballot go out to all homeowners?


Bob, the Asc still has to have operating funds in January and February to pay the normal bills for those months plus any emergency expenses.

If your operating funds is budgeted at $12,000 per month, then you could keep from $12,000 to $36,000 per month in the operating fund at all times, depending on what your cash flow needs will be.

Let's say you determine that two months operating funds of $24,000 is sufficient. Then at the end of the year you have $40,000. The excess operating cash, over the $24,000 required to be on hand, is $16,000. That money would go into the reserve fund.

This is the way we understand and operate. You may get different opinions. However, look at it this way. If you put your full $14,000 into reserves, then you have zero(0) in your operating funds. Assume that no one pays their dues in January. They all wait until Feb 5 for some reason. You had $15,000 worth of repair work done in December and receive an invoice on Jan 2,due on receipt. Plus you will certainly have other bills due during the month. Now you have no cash to pay those bills. You are going to be late on every one, and could also be late on your February bills.

That may be an exaggerated example for the purposie of making a point of why you need to always have sufficient cash in the operating fund.

The accountant of the MC should be able to provide you with that information, or you could consult a CPA with HOA or non-profit corporation experience.

RogerB (Colorado)
Posts: 5,067
Posted:
We maintain the minimum required in the operating fund and place the rest in reserves on a monthly basis. This procedure provides the optimum yield on funds. I have seen associations lose thousands of dollars by not paying attention to how they manage their funds.
RomanF (California)
Posts: 1
Posted:
There is a difference between money "left over" and excess income. If your accounting / budget is based on accrual, you can have money left over in your operationg account, which does not have to be tranferred to your reserve account.

Excess income otoh, needs to be distributed back to the members, or, if voted on affirmative by the members at large, transferred to your reserve account.

However, please note, according to this very informative article,
http://www.porterandcompany.com/Articles/IRSReconsidersRevRul70-604.pdf

you can not roll over excess income year after year without getting penalized (from a tax perspective).

LanceT (Alabama)
Posts: 121
Posted:
A non-profit corporation budget should be setup so that EVERYTHING that comes in is spent out. The balance sheet should be JUST that. Balanced so the expenditures equal income. There is an allowance for a Reserve fund or savings to a certain amount. Anything "Extra" or exceeds the limits is then TAXABLE by the IRS or State.
It's a difficult balancing act to be sure. That's why budgeting is crucial to a HOA. This is another factor many members overlook when they examine HOA financial records. A HOA that has no money at the end of the year and has a reserve/savings account equal to 3 - 6 months of dues is the "Dream HOA".

Recovering Ex-President of a HOA
RogerB (Colorado)
Posts: 5,067
Posted:
Please be aware that the article - http://www.porterandcompany.com/Articles/IRSReconsidersRevRul70-604.pdf - about IRS Ruling 70-604, is only applicable when filing IRS form 1120. Many comments posted do not apply when filing form 1120-H. I presume most associations are filing form 1120-H.

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