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BettyM3 (Arizona)
Posts: 2
Posted:
Bonita Creek Land and HOA has completed an extension of the water system. Bonita Water Company is owned by the BCLHOA. The work was funded by the homeowners who will benefit from the extension. Upon final approval from ADEQ and ACC (Arizona Corporation Commission) the system will be given to the BCLHOA to become part of the Water Company. One owner has asked if the cost of the extension can be counted as a donation to the HOA in order to take a tax writeoff. We are a not for profit (not a 502 c 3). The initial answer is NO but as President of the BofD thought I would check. Any input would be appreciated.

Betty H. McRae
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No. A HOA is NOT a CHARITABLE non-profit. So making donations to your HOA is not considered a charitable contribution for a tax write off. It's a different kind of non-profit corporation. The other tax experts will give you the technical answers. I am just providing the layman's.

Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BettyM3 on 09/15/2012 8:47 AM
Bonita Creek Land and HOA has completed an extension of the water system. Bonita Water Company is owned by the BCLHOA. The work was funded by the homeowners who will benefit from the extension. Upon final approval from ADEQ and ACC (Arizona Corporation Commission) the system will be given to the BCLHOA to become part of the Water Company. One owner has asked if the cost of the extension can be counted as a donation to the HOA in order to take a tax writeoff. We are a not for profit (not a 502 c 3). The initial answer is NO but as President of the BofD thought I would check. Any input would be appreciated.

Betty H. McRae

I suppose a person could, but why would a person want to do this?

1. An HOA is not a charitable (501(c)3) organization, so any donation that is made cannot be claimed as a charitable deduction on the individual's tax return.

2. Any donation made to an HOA is non-exempt function income and is taxable income to the HOA.

By the way, I work for an accounting firm as a professional tax preparer.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
I know your HOA files taxes, but do they ever need to "pay" taxes? If the answer is no, what benefit is a tax write off?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
I can of dread our next years tax bill because one owner has been donating thousands of dollars and I know we will need to pay taxes on this income. She has done this by paying for repairs that need to be made.

Next year, I hope we can get a separate account for replacement purposes so that our tax liability can be lowered.

Our CPA who prepares our taxes have advised us of the itmes I mentioned above.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Bonnie

I am not sure, but off the top of my head there might well be a difference if she voluntarily paid for a project she wanted to be done versus she donated money to the association for their use.

I would expect my CPA could draw a distinct difference or I get a new CPA...LOL

In my prior business I used the same CPA personally and professionally for 20 years. Over the years, I watched his practice become quite large with several partners. A personal friend of mine who was also a CPA said he would not be comfortable with the business write offs my CPA allowed. My reply well you are my friend, not my CPA.

Hope this helps.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By SteveM9 on 09/15/2012 4:48 PM
I know your HOA files taxes, but do they ever need to "pay" taxes? If the answer is no, what benefit is a tax write off?

Steve,

I think you may have misunderstood Mary's question. She was asking if the person who donates the money could take a tax write-off for the donation, the same as the person could go if the donation was made to a church or the Red Cross. The answer is no.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JohnC46 on 09/15/2012 5:33 PM
I am not sure, but off the top of my head there might well be a difference if she voluntarily paid for a project she wanted to be done versus she donated money to the association for their use.

Not really. Whether the HOA receives money, goods, or services, it is still considered income according to the IRS. One of the funniest examples I've seen in an IRS publication is that if a person steals a car, the fair market value of the car is considered to be income to the thief unless the thief returns the car before then end of the tax year.

Quote:
Posted By JohnC46 on 09/15/2012 5:33 PM
In my prior business I used the same CPA personally and professionally for 20 years. Over the years, I watched his practice become quite large with several partners. A personal friend of mine who was also a CPA said he would not be comfortable with the business write offs my CPA allowed. My reply well you are my friend, not my CPA.

Things have changed dramatically in recent years. The IRS has clamped down on people who are paid to prepare tax returns, including the requirement that certain individuals (those who are not CPAs) be required to pass a competency examination. All preparers must be registered with the IRS and there are severe penalties for knowingly preparing a return that is dishonest, incomplete, or is based upon an unreasonable position as defined in Section 6694(a)(2) of the IRS code. A reasonable position is defined as a position that has at least a 1 in 3 chance of being sustained on its merits if challenged by the IRS. IRS Circular 230 describes the standards of conduct required of all professional tax preparers and defines the fines and penalties that can be imposed if those standards are violated.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BruceF1 on 09/16/2012 4:52 AM
Posted By SteveM9 on 09/15/2012 4:48 PM
I know your HOA files taxes, but do they ever need to "pay" taxes? If the answer is no, what benefit is a tax write off?

Steve,

I think you may have misunderstood Mary's question. She was asking if the person who donates the money could take a tax write-off for the donation, the same as the person could go if the donation was made to a church or the Red Cross. The answer is no.

Sorry, I meant Betty's question. I need to remember to write down someone's name before I use the "quote" feature.
BettyM3 (Arizona)
Posts: 2
Posted:
BruceF1 you did correctly understand my question. Thank you for your response. I shall let the people who underwrote the water system extension know they can not get a tax deduction for this project. This is the answer I anticipated but it helps to have a third party confirm.

Betty McRae
President
Bonita Creek Land and Homeowners Association

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