Initial data when drawing up a budget Document structure Errors in drawing up
You can find out how to create your own HOA, where you can complain about unlawful actions of the association, as well as how to get out of it, on our website. Read also about the rules for conducting absentee voting for HOA members.
HOA estimate: what is it?
The HOA estimate reflects the movement of revenues and expenditure of targeted funds. The document serves as the basis for justifying the amount of contributions and payments of society members, calculating the annual budget, and the legality of specific expenses. His absence violates Art. 148 Housing Code of the Russian Federation.
Partnerships independently develop the form and record it in the statutory documentation. The annual budget is calculated in advance. Then it is approved at the general meeting of participants. The drawn up plan is subject to financing during the next reporting period.
The HOA's cost estimate is of primary importance. The form records funds spent for specific purposes:
- modernization, maintenance of proper condition of property;
- expenses planned by the company's Charter;
- replenishment of the reserve fund;
- reconstruction of individual parts, the whole house.
Submit the register of partnership members to the State Housing Inspectorate
In the first quarter of 2021, the board must send the register of HOA members to the housing inspectorate in accordance with clause 9 of Art. 138 Housing Code of the Russian Federation.
The timely absence of data on HOA members and contacts in the Housing Property Index may threaten the partnership with administrative liability under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation and entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; for legal entities - from three thousand to five thousand rubles.
Dmitry Burnyashev, legal services for HOAs and management companies throughout Russia
When is an HOA estimate necessary?
If the activities of the partnership are limited by the Charter, the source of funds is contributions from the owners of the premises. There is no need to create an estimate of HOA income. Financial receipts are determined by the amount of expenses.
When budget subsidies are present, agreed upon business practice, a sample estimate of income and expenses of the HOA is subject to approval. As profits exceed costs, the owners' investments are reduced.
The state of the partnership's economic activity is determined by conducting an analysis. Accounting data on actual expenses are compared with expenses regulated by the cost estimate for the year, as a normative document. This reveals the presence of overspent funds. The costs incurred are reviewed again and those that can be avoided are eliminated.
The document helps to avoid misunderstandings between participants. For each budget item there are supporting payment documents proving the validity of the payments made.
What is a “non-profit organization”
Non-profit organizations include any officially registered community that does not have as its main goal making money.
In other words, NPOs do not have the right to engage in entrepreneurial activities (except for cases when this very activity is aimed at achieving their direct goals).
Typically, these organizations work in the fields of education and health, culture, religion, sports, etc.
However, their functioning, like commercial or budgetary structures, also requires certain finances. They can come in the form of entrance and membership fees, charity, interest on deposits, gratuitous acts of donation, grants, etc. These funds are spent on maintaining the activities of the organization, paying for the work of the NPO administration, renting premises, economic needs, supporting some projects, etc.
How to prepare an estimate of income and expenses of an HOA
The board of the company is developing an individual form of the form “Estimate of income and expenses of the HOA.” The format is convenient for filling out and recording reporting activities.
Three documents are generated:
- Consolidated. Reflects expenses for modernization or reconstruction of the building and ancillary premises.
- Object. Data is entered one unit at a time.
- Local. Contains information about the restoration of a separate part of the house and the surrounding area.
Items in the HOA estimate template move from simple to complex. On one line with the amount, the source of receipt or the addressee for transferring funds is indicated.
Initial data:
- HOA budget for the year for previous periods and its implementation;
- the balance of material reserves for repairs and maintenance of property;
- average cost of maintenance and management of housing stock;
- level of price fluctuations;
- cash remaining from last year;
- technical characteristics of the premises being used (functional purpose, area, number of floors).
Sources of income:
- participant payments;
- profit from business activities;
- government funding.
The approximate expenditure part is formed from the following:
- purchase of stationery;
- issuing wages to administrative and managerial personnel;
- payment of taxes;
- maintenance, repair, property maintenance;
- carrying out disinfection, deratization;
- insurance payment.
Types of expenses
Funds are spent on such needs:
- wages of employees working for hire;
- fees under contracts for services provided to the HOA by other organizations - for example, for garbage and household waste removal;
- rewarding board members for productive unpaid activities;
- payment of interest to banks for the use of loan funds;
- purchase of equipment, materials, spare parts for water supply and sewerage networks, office supplies;
- insurance costs;
- tax payments;
- for the participation of personnel in training sessions and seminars;
- renovation of housing stock.
If contracts with resource suppliers are concluded directly with the HOA, then the lion's share of the income will go to pay for heat, water, and gas .
Expenditures should also include expenses for all sorts of unforeseen purchases and services, as well as for repayment of losses, which, alas, cannot always be avoided.
Also, to encourage employees , but these expenses should be reflected in the expenditure side.
What about payment of vacation pay to full-time employees and reimbursement of fixed assets? Of course, these are expenses.
Additional expenses and the reserve fund of the HOA
Additionally, if necessary, expenses unrelated to the maintenance of common property are included, with the general consent of the owners. This sample estimate of HOA expenses does not contradict Art. 145 Housing Code of the Russian Federation.
If actual expenses exceed those planned according to the document. The board of the partnership prepares corrective figures and convenes an extraordinary meeting of participants. New amounts are approved by unanimous vote.
Forming a reserve fund helps avoid misunderstandings. The right is secured by Art. 151 Housing Code of the Russian Federation. For the changes to take effect, two conditions must be met:
- the decision to create an additional asset is made at a meeting of the partnership;
- financing of statutory purposes is carried out.
Contributions from owners used to create a reserve fund are not considered earmarked. They are included in the HOA income estimate, sample, regardless of the chosen taxation system (Article 251 and Article 346.15 of the Tax Code of the Russian Federation).
At the end of the reporting period, a verification commission is created that evaluates the implementation of the document (Article 150 of the RF Housing Code). The prepared report is certified at the general meeting of the partnership participants (Article 145 of the Housing Code of the Russian Federation).
With simplified tax system
If the HOA is on the simplified tax system, what applies to income and expenses? Under the simplified tax system, the income and expenditure parts are formed somewhat differently.
The fact is that some payments are not subject to tax, so it is important to keep a detailed ledger separately for incoming payments so that taxes can be sorted out and generated correctly.
For example, contributions for the repair and maintenance of apartment buildings must be divided into those received from members of the HOA, and those paid by residents who did not become members of the partnership, since the latter are not subject to tax benefits (letter from the Ministry of Finance of the Russian Federation dated December 30, 2011 No. 03-11-06/2/188).
As stipulated in clause 1, clause 2 of Art. 251 of the Tax Code of the Russian Federation, charitable contributions are not included in income - no matter what purpose donations are given, they should not be included in income under the simplified tax system. But budget revenues for the repair of apartment buildings need to be taken into account precisely in income (letter of the Ministry of Finance of the Russian Federation dated December 30, 2011 No. 03-11-06/2/188).
The most controversial issue is regarding payments for housing and utilities, the most significant piece of the pie. On the one hand, this is revenue received from services provided , and this revenue must be taken into account under the simplified tax system (letter of the Ministry of Finance of the Russian Federation dated October 5, 2011 No. 03-11-06/2/136).
On the other hand, the HOA itself does not provide these services , since it acts as an intermediary, and taxation of these amounts under the simplified tax system should not be applied (decision of the Supreme Arbitration Court of the Russian Federation dated December 22, 2010 No. GKPI10-1401).
It is most reasonable to clarify this nuance with your curator from the tax service, although there is one legal loophole: if the HOA acts as an intermediary agent , it will be able not to include utility fees in income under the simplified tax system.
To do this, it is necessary for the partnership to first enter into an agreement with each owner for the provision of utility services, and only then - a contract with resource suppliers and utility services.
Money earned by entrepreneurship under the simplified tax system definitely goes to the income side (Article 346.15 of the Tax Code of the Russian Federation).
Who compiles and with whom does it need to be coordinated?
An estimate of all cash movements should be prepared by a specialized person.
Typically this function is assigned to the chairman or members of the board.
But if there is an accountant, then he will be responsible for drawing up the document.
It must be remembered that the estimate is not drawn up in an arbitrary, but in a clearly established form, which is why it is necessary to remember that the person responsible for it must have an economic or at least legal education .
Features of establishing
The estimated cost is calculated at each design stage. This is needed for additional detail and precise clarification. Let's look at these stages:
- Pre-design . The preliminary cost of the project is established. This is needed to justify the investment.
- Project . At this stage, enlarged calculations are formed with a greater degree of disclosure of information.
If several areas of construction are carried out, a summary of costs for these areas is filled out.
Calculation methods
These cost determination methods are common in the Russian Federation:
- Resource . Represents calculation in current and planned prices. The method ensures accurate recalculation of the estimated cost to new prices.
- Resource index . Combines the resource method with indexes. The latter represent the ratio of current prices to prices in 1991.
There are several other methods for establishing value.
Is the HOA obligated to maintain it?
What laws govern it? In accordance with Article 3 of the Federal Law on Non-Profit Organizations, the HOA is required to maintain an estimate .
This need arises so that residents do not feel deceived or doubt something.
In addition, the Housing Code obliges members of the partnership to report on their expenses due to the fact that the meeting is the main governing body of the partnership.
Read about issues of reorganization, liquidation and bankruptcy of HOAs on our website.
Compound
The estimated cost is divided into 3 parts. Let's look at their features:
- Direct expenses . They include the cost of facilities, expenses for operating equipment, and employee salaries.
- Overhead expenses . These are expenses aimed at creating general working conditions. For example, these are expenses for organizing and maintaining the facility.
- Estimated profit . Represents expenses not related to the construction of the facility, but required to ensure the work of the construction company. For example, this could include taxes, spending on production development, material incentives, and the creation of normal working conditions for employees.
FOR YOUR INFORMATION! If a unique building is being built, aggregated estimate standards are usually used to create estimates. If there is no simplified tax system, unit prices may be applied.
