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Can a New York City unincorporation Condominium file a Federal

Resolved Question:

Can a New York City unincorporation Condominium file a Federal Form 1120H? Do they need to incorporate first?
Submitted: 5 years ago.
Category: Tax
Expert:  Tax.appeal.168 replied 5 years ago.
Hello, THANK YOU for choosing Just Answer. My goal is to help make your life...a little...LESS taxing.

In brief, the answer is yes, an unincorporated condominium in N.Y. can file a Form 1120H. Under the new definition, unincorporated associations, including unincorporated homeowners associations, will be treated as corporations subject to the GCT if they are taxable as
corporations for federal income purposes under Internal Revenue Code ("IRC") section 7701.

You can refer to the following webpage for more detailed information;

http://www.nyc.gov/html/dof/html/pdf/99pdf/addend1.pdf

You can also refer to page 1 of the 1120H instructions for more detailed information on the procedures on using the Form.

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