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Form Publication 501 for Pompano Beach Florida: What You Should Know
If they do, all they need to do to change this status to 501(c)(4) status is to file IRS Form 8816. This will open up the community association to all the tax benefits of 501(c)(3) status. He adds that there are some additional requirements for community association tax-exempt status. In addition to the required filing, HOA leaders must agree to the following, to make the change effective. a) They're not engaged in an organization (501(c)(3) status). If the association is, then the change can be made anytime after the last anniversary that it would have been eligible. b) The association agrees to apply for 501(c)(5) status after the 5th anniversary of the year of change. c) The association agrees to file a Schedule C to show that it has become a tax-exempt organization. Tax Exempt-Status Update From BIRD — May 14, 2025 — The IRS website is out and the information I'm providing is correct regarding the tax status of community organizations and their elected bodies. A common misconception is that there is a required requirement to be tax-exempt when your HOA is 501(c)(3), though not true. IRS Publication 561. States that an association is tax-exempt “only if an election is made to be tax-exempt” — which in fact the community association is able to do by filing Form 8816 with the IRS, and meeting with its attorneys as to the details, or by asking to be transferred to 501(c)(4) status. As for elected bodies, IRS Publication 561 states that they are not required to be tax-exempt.  Form 561 does not apply to “political” organizations, and it's unclear if elected bodies in Florida do fall under IRS Publication 561. Also, the IRS states that some groups are excluded from this rule, as the IRS website states: “Organizations that do not qualify for tax-exempt status under [section 501(c)(3)] because they are not an organization.” These include, for example, : “Government organizations, church bodies, religious congregations, social clubs, fraternal and nonprofit organizations whose primary purpose is social welfare and that are primarily engaged in charity and not politics.
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