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JerryJ4 (California)
Posts: 12
Posted:
First of all I'm sorry if this topic has already been brought up, I scrolled through and couldn't find this discussion.

We are being asked to vote on IRS revenue ruling 70-604 allows the association to move any excess funds into the following year's budget.

I don't know how to vote, YES OR NO? What's the difference?

Thank You.
KerryL1 (California)
Posts: 14,550
Posted:
I honestly don't know the details of it, but at every annual election that's a question on the ballot for votes. the Board always rep's voting "yes."

I think if there ARE excess funds and they are not moved at the end of the year, they're subject to being taxed?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 05/18/2024 7:18 PM
I honestly don't know the details of it, but at every annual election that's a question on the ballot for votes. the Board always rep's voting "yes."

I think if there ARE excess funds and they are not moved at the end of the year, they're subject to being taxed?

That is my understanding also. A routine tax procedure.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By JerryJ4 on 05/18/2024 6:46 PM
First of all I'm sorry if this topic has already been brought up, I scrolled through and couldn't find this discussion.

We are being asked to vote on IRS revenue ruling 70-604 allows the association to move any excess funds into the following year's budget.

I don't know how to vote, YES OR NO? What's the difference?

Thank You.

You are voting to either move excess funds into next year's budget or return the excess funds to the members.
TerriS6 (California)
Posts: 3,284
Posted:
Otherwise they are taxable.
TimB4 (Tennessee)
Posts: 21,059
Posted:
We actually adopted a policy that any excess funds (due to under budget items) would be deposited into the reserves.

This satisfied the CPA and helped build up the reserves.
We placed the funds in a general contingency line item (to make up the difference in estimates and actual costs).

If excess funds are not deposited into reserves, they must be refunded to the members.

In my opinion, the best way to do this is to simply offset assessments by that amount.
However, that may cause issues if the board is limited in the amount they may raise assessments.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JerryJ4 on 05/18/2024 6:46 PM
First of all I'm sorry if this topic has already been brought up, I scrolled through and couldn't find this discussion.

We are being asked to vote on IRS revenue ruling 70-604 allows the association to move any excess funds into the following year's budget.

I don't know how to vote, YES OR NO? What's the difference?

You should vote "Yes."

The reason to vote yes is to give the HOA's tax preparer as much flexibility as possible to file either one of two tax forms and so minimize the taxes the HOA owes. Granted because of tax law, sometimes there is no flexibility.

Voting "No" will not at all necessarily result in the excess funds being taxable. It just depends. But voting "Yes" optimizes the choices the HOA's tax preparer has.

If you want the gruesome details, study this site:
https://www.davis-stirling.com/HOME/E/Excess-Income-Resolution
Then go read https://www.revenueruling70-604.com/ . The latter is not easy reading.

This is an advanced tax topic. In my opinion this forum en masse does not handle tax questions well, since the truth some members post gets buried amidst falsehoods other members post. Read the sites above.
CarlosB3 (Florida)
Posts: 47
Posted:
Does this only apply if you file Form 1120 and not 1120 H ?

From my understanding the revenue ruling only is applicable if you file Form 1120
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By CarlosB3 on 06/14/2024 11:58 AM
Does this only apply if you file Form 1120 and not 1120 H ?
Yes, with caveats that depend on each HOA.

But big picture: Why not completely untie the HOA's tax preparer hands? Zero harm is done by voting for the excess income resolution (which actualizes what IRS ruling says), as described at the sites I linked.

As well like 0.1% of volunteer directors understand this subject. They should do as a licensed professional tells them. Competent licensed professionals will say just have the vote each year, give a rough overview, and where allowed, have the board advise people to vote for it. Where such advocacy is not allowed (like in California), the board and HOA corporation may be screwed at times.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By ElleN on 06/14/2024 1:35 PM
Posted By CarlosB3 on 06/14/2024 11:58 AM
Does this only apply if you file Form 1120 and not 1120 H ?
Yes, with caveats that depend on each HOA.
Meaning if the board understands that Form 1120 is the appropriate form for the HOA to file, then yes, the HOA should have a vote on an excess income resolution pursuant to the aforementioned IRS ruling and hopefully pass the resolution. Subsequently the risk of problems with the IRS is diminished.

I just do not want anyone coming to this forum and thinking something like, "Well the HOA will just file Form 1120-H, and then no Excess Income Resolution per IRS Ruling 70-604 is required." There is much more to deciding which form (1120 or 1120-H) should be filed.

Sound biting this topic is a mistake. One either reads the citations; groks them as best they can; asks questions; and takes action. Or one does not.

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