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ChrisP5 (Missouri)
Posts: 165
Posted:
For those with decent reserve funds are you writing a check to IRS each year to pay taxes on your interest? Our CPA prepares our tax returns and claims our entire management fees and all CPA fees as other deductions which wipes out any tax liability. With today's low interest rates we would need millions in reserves to earn more interest than our professional fees. I feel like I have seen other posts here where people are paying taxes but wanted to check. Thanks
TimB4 (Tennessee)
Posts: 21,062
Posted:
Chris,

What form do you file with the IRS (1120 or 1120-H)?
RichardP13 (California)
Posts: 3,868
Posted:
We would file Form 1120-H and pay taxes on $25,000+ of reserve interest, so at 15% tax, we were netting about $21,500. Some years the interest amount was higher.

The other issue would be if you had excess revenue after expenses. I managed associations that carried over $100K of excess revenue and were taxed on it.

If you had about $100K in reserves and used a zero-based budget, any reserve interest would be eliminated by allowable exemptions.
DouglasK1 (Florida)
Posts: 2,046
Posted:
We used to make several thousand a year in interest and paid taxes on that. Now that interest rates are so low I think we stay under the $100 threshold and don't own any tax.

Escaped former treasurer and director of a self managed association.
ChrisP5 (Missouri)
Posts: 165
Posted:
Quote:
Posted By TimB4 on 05/19/2016 4:23 PM
Chris,

What form do you file with the IRS (1120 or 1120-H)?

We file an 1120-H
TimB4 (Tennessee)
Posts: 21,062
Posted:
Chris,

I am not a CPA. We do not have a MC (as we are self managed).

Personally, I would find it difficult to take the MC costs as other deductions as they did not go to directly producing income for the Association (as the tax form indicates and the instructions specify).

Per the instructions:

Expenses, depreciation, and similar items must not only qualify as items of deduction, but must also be directly connected with the production of gross income to be deductible in computing the unrelated taxable income.

I can see how an argument might be made for the MC (but am unaware of the issue being ruled on by the IRS). However, I don't see how the CPA fees would be deductible.

As I said, I am not a CPA.

Perhaps you could ask him to explain that relationship to you and relay it here.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimB4 on 05/20/2016 1:16 PM
Chris,

I am not a CPA. We do not have a MC (as we are self managed).

Personally, I would find it difficult to take the MC costs as other deductions as they did not go to directly producing income for the Association (as the tax form indicates and the instructions specify).

Per the instructions:

Expenses, depreciation, and similar items must not only qualify as items of deduction, but must also be directly connected with the production of gross income to be deductible in computing the unrelated taxable income.

I can see how an argument might be made for the MC (but am unaware of the issue being ruled on by the IRS). However, I don't see how the CPA fees would be deductible.

As I said, I am not a CPA.

Perhaps you could ask him to explain that relationship to you and relay it here.

Management costs ARE part of the expenses of an association, such as landscaping, which also, does not produce income.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Thanks Richard.

That was my initial impression, that MC costs did not produce income.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By TimB4 on 05/20/2016 2:43 PM
Thanks Richard.

That was my initial impression, that MC costs did not produce income.


Issue isn't whether MC costs produce income.

Issue is whether MC costs can be allocated to taxable income.

Example: HOA rents out clubhouse to outside groups. If MC manages that function, then some portion of MC costs could be legitimately expensed.

Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimB4 on 05/20/2016 2:43 PM
Thanks Richard.

That was my initial impression, that MC costs did not produce income.


Not sure what you point is. Are you saying that unless it helps to produce income, it's not an expense which then be used as a deduction to the association?
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By RichardP13 on 05/20/2016 6:39 PM
Posted By TimB4 on 05/20/2016 2:43 PM
Thanks Richard.

That was my initial impression, that MC costs did not produce income.



Not sure what you point is. Are you saying that unless it helps to produce income, it's not an expense which then be used as a deduction to the association?

My understanding of 1120-H is that non-exempt income (such as interest) can only be offset by expenses related to the generation of that income. So if you rent the clubhouse, you can deduct cleaning, management, or any other expenses that were related to generating the rental income. Unless the MC and CPA are helping manage your investments and contributing to the generation of the interest, I wouldn't expect you to be able to deduct those expenses against the interest income.

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By RichardP13 on 05/20/2016 6:39 PM
Posted By TimB4 on 05/20/2016 2:43 PM
Thanks Richard.

That was my initial impression, that MC costs did not produce income.



Not sure what you point is. Are you saying that unless it helps to produce income, it's not an expense which then be used as a deduction to the association?

If you are using form 1120-H, and the only non-assessment income is interest, it would be my understanding from the both the form and the instructions that MC costs, although an expense to the Association, is not directly related to producing the taxable income (the interest earned from bank accounts). Hence, it would not be a deduction against that income on form 1120-H.

However, as I also said, I am not a CPA and I know of no ruling by the IRS to indicate one way or the other for HOAs.

Now, as NP pointed out, if there is rental income and the MC manages it then yes, a portion of the fees (in my opinion) would be directly related to producing that income. Same as if the Reserves were invested in stocks then the broker fees could be deducted.
RichardP13 (California)
Posts: 3,868
Posted:
To return to what the OP asked, to my knowledge, there is no deduction for producing the interest on a reserve account.

On the 1120-H, line B is for total exempt function income that meets the 60% gross income test, line C is for total expenditures made for purposes described in the 90% expenditure test, and line D is for the Association total expenditures for the tax year.

Outside of a slim minority of HOA's, the Deductions part of the 1120-H (lines 9-18) would only be used for interest received, less a $100 credit.

The management fees, as well as other association expenses would be listed on Line 2.

For the HOA's that do have reserve accounts in excess of $500K, you may have to pay taxes, depending on how the monies are invested the the rate of return.

I prepare tax returns for associations that have income less than $75K. Any association in California with income over $75K must have an annual review performed by a CPA. They generally do the taxes for them as well, as part of a package.
ChrisP5 (Missouri)
Posts: 165
Posted:
It looks like most people are on the same line of thinking I am with this. I may ask for additional information about how they are deducting 100% of our management and accounting expenses. Virtually every HOA in our town uses the same CPA so nothing seems out of the ordinary to our management company since they see this on every return.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By TimB4 on 05/19/2016 4:23 PM
Chris,

What form do you file with the IRS (1120 or 1120-H)?

Our tax CPA figures taxes two ways and we file so that we receive the best tax advantage. Sometimes we pay taxes on the interest earned. But the last couple of years, our CPA had us file on Association fees but with maintenance costs subtracted from the fees. We had no tax liability.

The year we cashed in our CD's to put in a money market account we had a huge tax liability and had to pay estimated taxes each quarter but we got all the money we paid to the IRS back the next year.

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