hoa-financial-reporting-faq

Does an HOA have to file a tax return?

Discover whether your HOA is required to file a tax return and understand the implications for your community.

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Reviewed by:

D. Goren

Head of Content

Updated Jan, 12

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Does an HOA have to file a tax return?

 

Do HOAs Have to File a Tax Return?

 

Yes. In the United States, almost every HOA must file a federal tax return every year, even if the association is “non‑profit” under state law. Being non‑profit at the state level does not exempt an HOA from federal tax rules.

HOAs usually file in one of two ways:

  • Form 1120‑H (Homeowners Association Tax Return): This is the most common. An HOA qualifies if at least 60% of its income comes from owners’ assessments and at least 90% of its expenses go toward maintaining property. These rules are called the “60/90 tests.” Form 1120‑H is simpler and offers automatic tax benefits, including taxing only certain “non‑exempt income” like interest earned or income from non‑members.
  • Form 1120 (regular corporation tax return): Some HOAs choose this if it results in lower taxes, usually when they have higher non‑member income. It is more complex and riskier because mistakes carry heavier penalties.

Not filing is not an option. The IRS treats HOAs like corporations unless they properly choose Form 1120‑H each year. If an HOA skips filing, it can face penalties and interest, even if it had no taxable income.

 

Do HOAs File State Taxes?

 

It depends on the state. Some states require a return similar to the federal one, some require only a simple informational filing, and others exempt HOAs entirely. Each state sets its own rules, so an HOA’s location determines whether a state filing is needed.

 

Do Individual Homeowners Owe Anything?

 

No. Filing is the HOA’s obligation as a corporation or legal entity. Homeowners do not file anything related to the HOA on their personal tax returns unless they rent out their homes and deduct HOA dues as a rental expense.

 

Key Point

 

Every HOA should file something with the IRS each year. The main choice is between Form 1120‑H and Form 1120, and that choice depends on the HOA’s income sources and risk tolerance.

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