JuliaG1 (California)
Posts: 4
Posts: 4
Posted:
We are a small mixed use HOA located in CA with 2 commercial units on the ground level and 4 units on the second floor. Are we liable for California minimal corporate TAX of $800 or can we qualify for an exempt status?
I looked through 26. CFR 528.4 "Substantiality test" and there is a mention of square footage 85% residential vs 15% commercial but the measurement are not reflected in any HOA documents, or if they are they only apply to units and not to the common areas that residential units use and have access to.
Any one had similar experience? I'd like to find some one who dealt with the same issue in a small mixed use community and got it resolved.
How did you prove Substantiality test 85%-15% (which docs or services were used)? Two attorneys we asked came up with 2 different answers/opinions and five would probably come with five different opinions. But I am sure someone out there had applied for a tax exemption in a similar scenario and can talk from a real life experience.
Thanks!
I looked through 26. CFR 528.4 "Substantiality test" and there is a mention of square footage 85% residential vs 15% commercial but the measurement are not reflected in any HOA documents, or if they are they only apply to units and not to the common areas that residential units use and have access to.
Any one had similar experience? I'd like to find some one who dealt with the same issue in a small mixed use community and got it resolved.
How did you prove Substantiality test 85%-15% (which docs or services were used)? Two attorneys we asked came up with 2 different answers/opinions and five would probably come with five different opinions. But I am sure someone out there had applied for a tax exemption in a similar scenario and can talk from a real life experience.
Thanks!