💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JakeT (North Carolina)
Posts: 6
Posted:
Hi - hopefully a simple question but I've seen conflicting information as I search the internet.

Everything that I've read so far states that in North Carolina, the HOA only needs to file form 1120-H with the IRS.
There is no mention of filing a tax return at the state level.

I received a copy of our tax return from 2019, and the CPA did file a 1120-H along with a CD-405 at the state level.

I'm trying to understand what needs to be filed for 2020, so here I am asking for guidance. I am clear about the 1120-H being filed with the IRS. I am unclear if a tax form needs to be filed with the state.

We are formed as a non-profit corporation in North Carolina. The legal name of our HOA is the name of the community followed by HOA, Inc.

Appreciate the input in advance.
SheliaH (Indiana)
Posts: 6,964
Posted:
Didn't you ask the association accountant about this? That would be the quickest way to get your answer - besides if you filed one in 2019, why would 2020 be different?

Or you could Google it as I did - here's what I found: North Carolina homeowners associations must file Articles of Incorporation with the Secretary of State, and therefore, are considered corporations and must file taxes just like any other corporations across the country. One very rare case to avoid filing is to apply to be a Non- Profit entity under section 501(a)(4), form 990. However, it requires a lot of investing in research and paperwork.

So, if you're a non-profit organization, it would appear you're ok - but ask your accountant to be sure


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JakeT (North Carolina)
Posts: 6
Posted:
Yes, I did Google it and I've seen the same thing that you posted. It doesn't address if we need to file a state tax return, which was my question.

I don't simply trust what was done before as being correct. Hence why I'm here asking the question.
BillH10 (Texas)
Posts: 1,217
Posted:
Sheila, did you mean 501(c)(4)?

If you did, that designation must be granted by the IRS, which I believe you indicated in so many words. A statement in Articles of Incorporation or other documents that an association is "non-profit" does not automatically convey the status on the entity.

You are correct, obtaining 501(c)(4) status is a long and involved process. We took an Association through the process several years ago as the status was a prerequisite to eligibility to file for a city beautification grant. I think the cost was $500 payable to the IRS with the application, we used the Association CPA as well. His cost was $700, it took about four months.

The Association in which we reside filed for 501(c)(4) status in the Fall of 2019. The application is still pending, the IRS has told the MC they are processing the applications very slowly due to constraints imposed by the Covid situation as it affects their staffing.

I believe this terminology was mentioned in a message some months ago: the use of the term "non-profit" to describe associations is misleading. Not-for-profit is a more accurate description.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here