What Is Form 1120-H Used For?
Form 1120-H is used by qualifying homeowners' associations (HOAs) to file their federal income tax return and elect tax treatment under IRC Section 528. By filing this form, eligible associations exclude exempt function income, such as membership dues and assessments, from gross income calculations.
Taxable income reported on Form 1120-H is subject to a flat tax rate of 30%, or 32% for timeshare associations, rather than the standard corporate tax rate.
Who Should Use Form 1120-H?
Condominium management associations, residential real estate management associations, and qualifying timeshare associations should use Form 1120-H. To qualify, HOAs must meet IRS requirements regarding exempt function income, expenditures related to association property, and operational structure during the tax year.
HOAs that do not qualify or choose not to make the Section 528 election must file the standard Form 1120 instead and are taxed at regular corporate rates.
When Is Form 1120-H Due?
Form 1120-H due date is generally the 15th day of the fourth month after the end of the association’s tax year. HOAs with a fiscal year ending June 30th typically file by the 15th day of the third month following year-end. If the due date falls on a Saturday, Sunday, or federal holiday, the association may file on the next business day.
Keep in mind that the election to file Form 1120-H must be made annually by the return's due date, including extensions. HOAs cannot carry forward a prior year's election.
What Happens If Form 1120-H Is Not Submitted?
If Form 1120-H is not submitted on time, the homeowners association may lose its election to use Form 1120-H tax benefits and face IRS penalties and interest charges. Returns filed more than 60 days late may receive a minimum penalty equal to the smaller of the unpaid tax due or $525.
How and Where Do I File Form 1120-H?
To file Form 1120-H, homeowners' associations can either electronically file through an IRS-approved e-file provider or mail the completed return to the correct IRS service center based on the association’s location. HOAs filing 10 or more returns during the calendar year are generally required to file electronically.