Or. Admin. R. 150-317-0130 - Tax on Homeowner's Association Income

Current through Register Vol. 61, No. 4, April 1, 2022

Homeowners associations, such as condominium management associations and residential real estate management associations, may elect to be treated as tax-exempt organizations for taxable years beginning on and after January 1, 1978. But this tax-exempt status will protect the association from tax only on its exempt function income, such as membership dues, fees, and assessments received from member-owners of residential units in the particular condominium or subdivision involved. The homeowners association taxable income will be taxed at the corporate rates provided in ORS 317.061. To qualify for the election, the association must meet the following conditions:

(1) A copy of the federal Form 1120-H filed with the Internal Revenue Service must be filed with the Oregon Department of Revenue no later than the time prescribed by law for filing the return.
(2) It must be organized and operated as provided in section 528(c) of the Internal Revenue Code.
(3) "Homeowners association taxable income" is determined pursuant to section 528(d) of the Internal Revenue Code and pertinent federal regulations. However, net capital gains shall be included in the computation of homeowners association taxable income and shall receive no special treatment.
(4) "Exempt function income" is determined pursuant to section 528(d) of the Internal Revenue Code and pertinent federal regulations.
(5) If a homeowners association that elects to be treated as a tax exempt organization has positive homeowners association taxable income, it shall be reported on an Oregon Corporation Excise Tax Return, Form 20 and the association is subject to the greater of the calculated corporation excise tax or the minimum tax.
(6) If a homeowners association that elects to be treated as a tax-exempt organization does not have positive homeowners association taxable income, the association is not required to file an Oregon Corporation Excise Tax Return, Form 20 and is not subject to the minimum tax.

Notes

Or. Admin. R. 150-317-0130
10-7-77; TC 9-1978, f. 12-5-78, cert. ef. 12-31-78, Renumbered from 150-317.080(6)(b); RD 12-1990, f. 12-20-90, cert. ef. 12-31-90; REV 12-1999, f. 12-30-99, cert. ef. 12-31-99; REV 11-2013, f. 12-26-13, cert. ef. 1-1-14; Renumbered from 150-317.067, REV 67-2016, f. 8-15-16, cert. ef. 9/1/2016

Publications: Publications referenced are available from the agency pursuant to ORS 183.360(2) and 183.355(1)(b).

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 317.067

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