[Code of Federal Regulations]
[Title 26, Volume 7]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.528-8]

[Page 239]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.528-8  Election to be treated as a homeowners association.

    (a) General rule. An organization wishing to be treated as a 
homeowners association under section 528 and this section for a taxable 
year must elect to be so treated. Except as otherwise provided in this 
section such election shall be made by the filing of a properly 
completed Form 1120-H (or such other form as the Secretary may 
prescribe). A separate election must be made for each taxable year.
    (b) Taxable years ending after December 30, 1976. For taxable years 
ending after December 30, 1976, the election must be made not later than 
the time, including extensions, for filing an income tax return for the 
year in which the election is to apply.
    (c) Taxable years ending before December 31, 1976, for which a 
return was filed before January 31, 1977. For taxable years ending 
before December 31, 1976, for which a return was filed before January 
31, 1977, the election must be made not later than the time provided by 
law for filing a claim for credit or refund of overpayment of taxes for 
the year in which the election is to apply. Such an election shall be 
made by filing an amended return on Form 1120-H (or such other form as 
the Secretary may prescribe).
    (d) Taxable years ending before December 31, 1976, for which a 
return was not filed before January 31, 1977. For taxable years ending 
before December 31, 1976, for which a return was not filed before 
January 31, 1977, the election must be made by October 20, 1980. Instead 
of making such an election in the manner described in paragraph (a) of 
this section, such an election may be made by a statement attached to 
the applicable income tax return or amended return for the year in which 
the election is made. The statement should identify the election being 
made, the period for which it applies and the taxpayer's basis for 
making the election.
    (e) Revocation of exempt status. If an organization is notified 
after the close of a taxable year that its exemption for such taxable 
year under section 501(a) is being revoked retroactively, it may make a 
timely election under section 528 for such taxable year. Notwithstanding 
any other provisions of this section, such an election will be 
considered timely if it is made within 6 months after the date of 
revocation. The preceding sentence shall apply to revocations made after 
April 18, 1980. If the revocation was made on or before April 18, 1980, 
the election will be considered timely if it is made before the 
expiration of the period for filing a claim for credit or refund for the 
taxable year for which it is to apply.
    (f) Effect of election--(1) Revocation. An election to be treated as 
an organization described in section 528 is binding on the organization 
for the taxable year and may not be revoked without the consent of the 
Commissioner.
    (2) Exception. Notwithstanding paragraph (f)(1) of this section, an 
election under this section may be revoked prior to July 18, 1980. Such 
a revocation shall be made by filing a statement with the director of 
the Internal Revenue Service Center with whom the return of the 
organization for the year in which the revocation is to apply was filed. 
The statement shall include the following information:
    (i) The name of the organization.
    (ii) The fact that it is revoking an election made under section 
528.
    (iii) The taxable year for which the revocation is to apply.

[T.D. 7692, 45 FR 26323, Apr. 18, 1980]