3/6/2012 3:36:14 PM
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Section 5: OPA Board Subject: OPA Loses IRS Case Msg# 823809
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This issue may have been floating around since 2001 and certainly from 2005.
Ted, You are correct. It has been an issue since 2001. Following is a post I made in June 2006. It was easy for me to find this one, but I've made similar posts before and after. If you have a copy of the Audited Financial Report for the year ended April 30, 2001 you will find the following on page 11, “Notes to Financial Statements”, Note 6 Income Taxes: “The Association is exempt from Federal and State income tax under Section 501(c)(4) of the Internal Revenue Code. However, income from certain activities not directly related to the Association’s tax exempt purpose is subject to taxation as unrelated business income. The underlining is mine to emphasize that this very same note is in the Audited Financial Reports 2002 thru 2005, however, the underlined portion of the statement has mysteriously disappeared. As least as far back as 2001 Trice Geary recognized the tax liability for the Beach Parking. |
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For reference, the above message is a reply to a message where: Linda, This issue may have been floating around since 2001 and certainly from 2005. Reading the ruling the money OPA receives from Seacrets is not taxable but the money received from our own owners is taxable. Doesn't make sense. I think we were right to appeal the ruling but I always knew there was a good chance we would not prevail. I favor using the reserves to pay off whatever the final number is and I don't think there is any need for a special assessment. Again my greatest concern is implementing a policy to prevent a continuation of this problem. Ted |
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