Extending Filing Deadlines and Dissolving an HOA in Georgia

Hi Richard,

In Georgia, homeowners associations (HOAs) are typically established as nonprofit corporations, necessitating compliance with both state filing requirements and federal tax obligations.Georgia requires all corporations, including HOAs, to file an annual registration with the Secretary of State between January 1 and April 1 each year. The state does not offer extensions for this filing.

As for taxes, HOAs typically file Form 1120 or Form 1120-H with the IRS. The due date is the 15th day of the fourth month after the end of the tax year (e.g., April 15 for calendar-year taxpayers). To request a six-month extension, file IRS Form 7004 before the original due date. Note that this extends the filing deadline but not the payment deadline.

Dissolving an HOA involves a multi-step process. First, you need to examine your governing documents for specific provisions regarding dissolution, including required member approval percentages and procedures. Typically, a significant majority of homeowners must consent to dissolve the HOA. The exact percentage should be specified in your governing documents.

You must then settle debts and distribute assets. Any remaining assets should be distributed according to the HOA’s bylaws or state law.

Next, you must file dissolution documents with the state. This usually involves filing Form CD 410, “Notice of Intent to Dissolve,” to the Georgia Secretary of State. This form requires certification that a notice has been published in the county’s official legal organ (a designated newspaper) and that all known debts and liabilities have been addressed.

After filing the Notice of Intent and settling all affairs, file Form CD 412, “Articles of Dissolution,” to formally dissolve the corporation.

Finally, you must inform the IRS and the Georgia Department of Revenue of the dissolution. File a final tax return and indicate that it’s the final return for the organization.