Web( a) In general. Homeowners association taxable income shall be determined according to the provisions of section 528 (d) and the rules set forth in this section. ( b) Limitation on capital losses. If for any taxable year a homeowners association has a net capital loss, the rules of sections 1211 (a) and 1212 (a) shall apply. Webhe Code and Treasury Regulations attempt to minimize the possible abuse of this section by profit seekers attempting to claim HOA status to minimize taxes. Consequently, under §528, a HOA is defined as an association “organized and operated to provide for the acquisition, construction, management, maintenance, and care ofassociation
IRS Letter Ruling 200706014
Web§528. Certain homeowners associations (a) General rule A homeowners association (as defined in subsection (c)) shall be subject to taxation under this subtitle only to the extent … WebUnder the 1954 Code, the general rule of IRC Section 118 was that the gross income of a corporation does not include any contribution to its capital. 3 The statute went on to say that a contribution to capital did not include any contribution in aid of construction or any other contribution from a customer or potential customer, 4 meaning that … pongf shares outstanding
eCFR :: 26 CFR 1.528-6 -- Expenditure test.
Web(a) In general. An organization cannot qualify as a homeowners association under section 528 for a taxable year unless 90 percent or more of its expenditures for such taxable year are qualifying expenditures as defined in paragraphs (b) and of this section. The determination of whether an organization meets the provisions of this section shall be … Web(a) In general. Homeowners association taxable income shall be determined according to the provisions of section 528(d) and the rules set forth in this section. (b) Limitation on capital losses. If for any taxable year a homeowners association has a net capital loss, the rules of sections 1211(a) and 1212(a) shall apply. (c) Allowable deductions - (1) In general. Web( a) General rule. An organization wishing to be treated as a homeowners association under section 528 and this section for a taxable year must elect to be so treated. Except as otherwise provided in this section such election shall be made by the filing of a properly completed Form 1120-H (or such other form as the Secretary may prescribe). shany electronic co ltd