1120-H or 1120?
Form 1120-H is not automatic. It is an election an association qualifies for and then claims, one year at a time. Three tests decide whether the association qualifies, and the IRS states them in these words:
At least 60% of the association’s gross income for the tax year must consist of exempt function income.
At least 90% of the association’s expenses for the tax year must consist of expenses to acquire, build, manage, maintain, and care for its property.
No private shareholder or individual can profit from the association’s net earnings except by acquiring, building, managing, maintaining, or caring for association property or by a rebate of excess membership dues, fees, or assessments.
— Instructions for Form 1120-H, IRS.gov
Exempt function income is the assessment revenue: “membership dues, fees, or assessments from (a) owners of condominium housing units; (b) owners of real property in the case of a residential real estate management association; or (c) owners of timeshare rights to use, or timeshare ownership interests in, real property in the case of a timeshare association.” The association also has to be residential in character — a condominium management association is one caring for a project “substantially all of whose units are homes for individuals,” and a residential real estate management association one caring for a development “substantially all of whose lots or buildings are homes for individuals.”
Qualifying income is taxed at “a flat rate of 30% for condominium management associations and residential real estate management associations,” and 32% for timeshare associations, after a $100 specific deduction. The election “is made separately for each tax year and must generally be made by the due date, including extensions, of the income tax return,” and “if the association does not elect to use Form 1120-H, it must file the applicable income tax return, for example, Form 1120, U.S. Corporation Income Tax Return.”
For nearly every self-managed residential association, 1120-H is the right answer, and the entire taxable amount on the return is interest earned on reserve and operating balances. The risk on this return is not the tax. It is the missed election. The instructions give an association an automatic 12-month extension to make the Section 528 election, “provided corrective action is taken within 12 months of the due date (including extension) of the return” (Regulations section 301.9100-2). Past that window the year can no longer be filed on Form 1120-H at all; it has to go on Form 1120, where assessments are not excluded by Section 528. For the line-by-line version, HOA Fiscal publishes Form 1120-H instructions for treasurers.