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TilestonV (Massachusetts)
Posts: 7
Posted:
I'm in a bit of a bind. The previous Trustee left our 3-unit association and only after did I find out that she'd been lying about and hiding our dire financial situation. Instead of raising fees, she drained the reserve account and when that was dry, she stopped paying bills. She even let one of the units stop paying for 8mos. It was a mess with contractors (who dumped us), the city (to remove the lien), and the delinquent unit who only agreed to a (payment plan if we didn't charge them interest). I, in fact, "lent" some of my personal savings to keep us a float while we pay down our debts.

I say all this up front to make clear we have zero money to hire a CPA or an accountant or H&R Block to help with our taxes. The HOA is dirt broke, I'm out for floating the extra funds, and the other 2 units are barely making the new monthly dues.

I'm trying to wrap my head around how to do this year's taxes, which I just found out are due on 3/15, not 4/15. I think I have a handle on 112-H, but MA State Tax just befuddles me. Is it From 3M? Form 355? Do we pay a flat tax or no tax? I can't seem to find any instructions or guides anywhere. I've asked other friends and acquaintances I know and unilaterally their response has been, "We have to file taxes?"

Can anybody provide an info or an explanation at all?
SheliaH (Indiana)
Posts: 6,964
Posted:
Doesn't the state tax department have a website where you can get information on the tax forms and how to fill them out? Start there or go to the local library (some may still have state tax forms you can pick up). Or call your local representative - his or her assistant should be able to give you a referral. You could even call one of those tax preparers - I would imagine you were set up as some sort of non-profit corporation, but even if you might not owe anything, you need to file taxes. You're already in deep doo-doo thanks to the previous trustee, so you don't want to make things worse by fooling around with the taxman.

From your question, I'm not sure you have the expertise to do the community's taxes and while I understand you don't want to put out more money, it seems to me you need to blast something out of the other homeowners (especially the one who didn't even pay his fair share for 8 months). If everything has happened as you say with the previous trustee, you three need to get together and see what can be done to try and slow down your descent towards the rocks because you're already over a cliff. They may not like putting up more money, but they'll have no choice because it's clear no one was paying close enough attention to the previous trustee.

If you don't have money for an accountant, I suspect there's nothing for an attorney either, but you really need to talk to one to come up with a plan on how to move forward. That may include deciding if you should continue as a HOA. You don't say what type of units these are - if they're detatched homes, perhaps there's a way you can divvy up the common area the association would be responsible for, file the papers to dissolve the HOA and everyone go on their way. Since there's no money, talk to your local bar association to see if they may be able to refer you to someone who can at least point you in the right direction to get things started. Good luck to you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tileston,

First and foremost, you are doing good and deserve thanks for the work you have completed.
Allow us to say it even if your neighbors won't.

Thank you.

Do you have copies of previous tax filings?
If you do, you should be able to follow them.

You are correct that form 1120-H would be used for federal.
If you have the records, the form takes about 15 min. to complete.

TilestonV (Massachusetts)
Posts: 7
Posted:
WE HAVE NO MONEY
I really just need someone, anyone, who has filed MA State Tax to weigh in. I am on this forum because I've exhausted all other free avenues and I'm at the end of my rope. Is there really no one who is from a small, broke HOA that can tell me what form to slog through?

I have past tax filings (last is from 2012), but they look to be filled out wrong. I have tried the State and it has been an exercise in futility. I absolutely do not have the expertise to be doing this, but—again—there isn't another option. My HOA is broke. I put my own money into it to make sure we didn't go bankrupt so, yeah, even $50 is impossible for the HOA and I'm still smarting from the 3 figure loan. I have appealed to the other units fruitlessly. They are not going to help. I've asked...they're have been words. I tired to hire a mgmt company, but the 5 who actually called me back said we were too small and in too dire financial distress to take on. I have appealed to everyone I know and friends of friends to no avail.

I thought I had more time to figure this out, but apparently I only have 2 weeks, not 6.

I want to reiterate: Please only respond if you can help in a meaningful way—there is no money to hire a professional!
WE ARE BROKE
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tileston,

From what I'm reading:

I would file Form 1120-H for Federal.
This is due on March 15.
Here is a link to the instructions: https://www.irs.gov/pub/irs-pdf/i1120h.pdf

If your Association is unincorporated, I would file MA Form 3M
This form should be filed on or before the fifteenth day of the fourth month after the close of the taxable year, calendar or fiscal. Expecting you use a calendar year, this would be April 15.

Here is a link to TIR 10-3: Taxation of Unincorporated Homeowners Associations mentioned in Form 3M instructions.

PitA
Posts: 1,416
Posted:
Unincorporated homeowners associations meeting the terms of G.L. c. 63, § 68C (9) are not required to file corporate excise returns for tax years beginning on or after January 1, 2009. Rather, they must file returns under chapter 62, generally the Form 3M or the Form 3, as determined by the forms instructions. Unincorporated homeowners associations that qualify as tax exempt under IRC § 501(c)(4) and file federal form 990-T should file form M-990-T-62.

In calculating the taxable income of a homeowners association under G.L. c. 62, § 5C, taxpayers will determine taxable income and exempt function income as under IRC §§ 528(d)(1), and 528(d)(3), respectively. The specific federal deduction of $100, under IRC § 528(d)(2)(A), is not allowed in calculating Massachusetts taxable income for unincorporated homeowners associations. The modifications under IRC § 528(d)(2)(B), (C), relating to corporate modifications to income, are inapplicable in calculating G.L. c. 62 income.
TilestonV (Massachusetts)
Posts: 7
Posted:
This is helpful, thank you!
TilestonV (Massachusetts)
Posts: 7
Posted:
Thank you!
MarkM31 (Washington)
Posts: 494
Posted:
How does a three person board get in such a hole.

I think you need a special assessment pronto.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mark,

It's a three unit Association.
The impression is that it was a one person show (and still is).

Tileston stepped up when the other person stepped down or moved and then discovered that the real story was not the story being reported.

I, for one, applaud Tileston for stepping up and taking necessary steps to correct issues. Right now I'm sure it's like being tossed into the deep end of the pool when you are asleep. It can take a little bit of floundering around until one can tread water and evaluate the situation. Once that is accomplished, a course of action to rectify the issue can be taken.

BrooklynB (Massachusetts)
Posts: 1
Posted:
I apologize for not being able to respond to your tax question. However I would like to offer a bit of advice concerning the HOA dues in arrears. Massachusetts has protection laws in place for HOAs who are owed delinquent dues. Specifically an HOA can place a 1st position lien on the delinquent units. Mortgage companies, banks, credit unions, etc. do not like to be second lien holders and will often pay delinquent HOA dues (maximum of 6 months) in order to clear the HOA lien and place themselves in first lien position. The delinquent condo owners are responsible for the filing and legal fees also. This course of action might be enough to light a fire under the delinquent HOA members if the bank gets involved. I realize that this course of actin also requires an upfront financial cost on your part but it might be worth it.

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