DaneC (California)
Posts: 210
Posts: 210
Posted:
Do Treasurers generally follow the rebate of assessment program, or does your Association have a permanent float in its operating account?
Rev. Rul. 70-604 concerns the issue of whether a condominium management
corporation is taxable on excess assessments that are applied against the following yearâs assessments. The revenue ruling states that the sole authorized activity of a condominium management association is the assessment of its stockholder-owners for the purposes of managing, operating, maintaining, and replacing the common elements of the condominium property. The stockholder-owners hold a meeting each year to decide whether to return any excess assessments to themselves or to have the excess applied against the following yearâs assessments. The ruling concludes that the corporation is not taxable on the excess assessments because the excess has been returned, in effect, to the stockholder-owners.
Assuming a $3,000 excess assessment for year 1 and a $60,000 assessment for year
2, you ask whether the phrase âhave the excess applied against the following yearâs assessmentsâ means that the payment due from the stockholder-owners in year 2 would be $57,000 or whether the phrase means that the total amount available to the condominium association for expenses in year 2 would be $63,000.
In the example that you posit, the phrase means that the payment due from the
stockholder-owners would be $57,000. The revenue ruling was not intended to permit a condominium management association to build a reserve.
from
http://www.irs.gov/pub/irs-wd/01-0176.pdf#search=%22irs%20revenue%20ruling%2070-604%22
Rev. Rul. 70-604 concerns the issue of whether a condominium management
corporation is taxable on excess assessments that are applied against the following yearâs assessments. The revenue ruling states that the sole authorized activity of a condominium management association is the assessment of its stockholder-owners for the purposes of managing, operating, maintaining, and replacing the common elements of the condominium property. The stockholder-owners hold a meeting each year to decide whether to return any excess assessments to themselves or to have the excess applied against the following yearâs assessments. The ruling concludes that the corporation is not taxable on the excess assessments because the excess has been returned, in effect, to the stockholder-owners.
Assuming a $3,000 excess assessment for year 1 and a $60,000 assessment for year
2, you ask whether the phrase âhave the excess applied against the following yearâs assessmentsâ means that the payment due from the stockholder-owners in year 2 would be $57,000 or whether the phrase means that the total amount available to the condominium association for expenses in year 2 would be $63,000.
In the example that you posit, the phrase means that the payment due from the
stockholder-owners would be $57,000. The revenue ruling was not intended to permit a condominium management association to build a reserve.
from
http://www.irs.gov/pub/irs-wd/01-0176.pdf#search=%22irs%20revenue%20ruling%2070-604%22