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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MarieL (Illinois)
Posts: 82
Posted:

Our not for profit homeowner's association has reserve funds in an account that is not paying any interest. The treasurer refuses to move these funds to an interest paying account, claiming the association will lose its not for profit corporation status by doing this. It there any truth in this?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Not a very good treasurer.

You will not loose your not-for-profit status. But you will need to report the interest earned to the IRS along with all your other financials when you file at the end of the year.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Steve,

The person might be a very good treasurer. They are just following the rules as they understand them. An education process just needs to be done.

Marie,

Steve was right. You will not lose your non-profit status as non-profit does not equate to not earning money. A non-profit organization is an organization that does not distribute its surplus funds to owners or shareholders, but instead uses them to help pursue its goals. Under IRS rules a non-profit organization is subject to tax on its "unrelated business income" such as interest from a bank account or dividends from investments.

IRS Publication 557 Tax Exempt Status For Your Organization is a good resource.

Others might have other sources to help in the education process.

Tim
GlenL (Ohio)
Posts: 5,491
Posted:
Plus if you file form 1120H for the HOA you get an automatic deduction of $100.00 off of any interest earned.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Tim,

Since you suggested Marie read Pub 557 which is for tax exempt orgs I'm wondering if you are aware that being nonprofit does not necessarily mean the corp is tax exempt. To become a tax exempt org requires filing an application to the IRS and they will make the determination besed upon how the HOA operates. Being a nonprofit corp does not automatically give the corp that tax exempt status.

One other thing that many people do not understand is that being a nonprofit corp does not mean the corp cannot earn money and even recognize a profit from year to year. I'm thinking perhaps this is what the treasurer is thinking.

As a side note, I doubt it will be easy to find a financial institution that offers much of an interest rate meaning the HOA isn't losing much by not investing the reserve monies! At least not at this point in time.
ML5 (Wisconsin)
Posts: 1
Posted:
Marie, many people confuse what it means to be non-profit/not for profit and/or an exempt organization for HOA purposes. To further confuse the issue, you can have one designation for state purposes and another for federal. Does your HOA file a Form 1120, Form 1120-H or Form 990 for Federal tax purposes? This will have a bearing on how interest earned may be taxed.

Generally speaking,
an HOA that files a Form 990 qualifies as a non-profit organization for Federal tax purposes(very few HOAs actually qualify),
an HOA that files a Form 1120-H is an exempt organization for Federal tax purposes (must meet certain guidelines, but "exempt function" income is not taxable),
an HOA that files a Form 1120 is neither a non-profit nor exempt organization for Federal tax purposes.

In any case, earning interest generally does NOT disqualify an entity from being a non-profit organization, if that is indeed how your HOA is established.

I have found that Porter & Company CPAs website is an excellent resource for general questions regarding HOA accounting and tax issues (http://www.porterandcompany.com). They have some excellent articles that are relavent and timely. I am a CPA and a former Board member of my community's HOA, however, I do not specialize in HOA taxes and thus leave those issues to the experts.

You will see a number of different opinions on any accounting or tax issue on the message boards. You will notice that I use the word "generally" liberally in my response. It is the CPA dictionary they give us in college. As EVERY case involves a different set of facts and circumstances, my recommendation is always to rely on your audit and/or tax services firm for the final say on such issues.

That being said, the HOA for my community does have its reserve funds in an interest bearing account. While it does not earn a stellar interest rate (what financial institution does these days?), anything is better than zero, right?!?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MaryA1 on 04/20/2010 4:02 PM
Tim,

Since you suggested Marie read Pub 557 which is for tax exempt orgs I'm wondering if you are aware that being nonprofit does not necessarily mean the corp is tax exempt. To become a tax exempt org requires filing an application to the IRS and they will make the determination besed upon how the HOA operates. Being a nonprofit corp does not automatically give the corp that tax exempt status.

One other thing that many people do not understand is that being a nonprofit corp does not mean the corp cannot earn money and even recognize a profit from year to year. I'm thinking perhaps this is what the treasurer is thinking.

Mary,

I was aware but it's a good point that I should have clarified.

Tim
MaryA1 (Arizona)
Posts: 7,043
Posted:
ML5,

I would like to make a few comments on the following statement you made(mostly for clarification, but to also correct your error concerning tax Form 1120) :

"Generally speaking,
an HOA that files a Form 990 qualifies as a non-profit organization for Federal tax purposes(very few HOAs actually qualify),
an HOA that files a Form 1120-H is an exempt organization for Federal tax purposes (must meet certain guidelines, but "exempt function" income is not taxable),
an HOA that files a Form 1120 is neither a non-profit nor exempt organization for Federal tax purposes."

The Federal tax Form 990 is used for 501(c) tax-exempt organizations which the IRS classifies as nonprofits.

The Federal tax Form 1120-H is specific to HOAs. Only non-exempt function income, such as earned interest, is taxable. The HOA assessments are classified as exempt function income and therefore not taxable. This, most likely, is the form that the majority of HOAs use.

The Federal tax Form 1120 is for corporations, including nonprofit HOA corps and HOAs that qualify to file the Form 1120H. Large HOAs that have a high volume of non-exempt function income may benefit from filing the Form 1120 as the tax rate may be more beneficial to them. Only an HOA with a 501(c) designation (tax-exempt org) does not qualify to file the tax Form 1120.

🎯 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