Category: Tax
January 25, 2012How to Prepare W-2s for Church Employees, Including Ministers
Last-minute help for completing these important forms.
Churches need to report each employee’s taxable income and withheld income taxes as well as Social Security and Medicare taxes on Form W-2, and furnish copies B, C, and two of the 2011 Form W-2 to each employee by January 31, 2012. Copy A should be submitted to the Social Security Administration by February 29, 2012, along with Form W-3, Transmittal of Wage and Tax Statements. If your employees give their consent, you may be able to furnish Forms W-2 to your employees electronically. Electronic forms are due April 2, 2012. See IRS Publication 15-A for additional information.
Continue reading "How to Prepare W-2s for Church Employees, Including Ministers" »
Penalties Double for Late 1099s
Churches should note upcoming February 29 deadline.
Form 1099s are due on February 29, 2012, for the 2011 tax year, and churches that need to issue these forms should take note this year: a failure to send them on time has doubled from $50 per form to $100 per form.
If you do not have all the information needed to complete a Form 1099 (such as a Social Security number), you can still file it incomplete by February 29. As long as you secure the missing information and file the amended Form 1099 before August 1, 2012, then no penalties will apply. By the way, if you file the Form 1099 within 30 days after February 29, the $100 penalty is reduced to $30. If you file Form 1099 more than 30 days after February 29, but before August 1, 2012, the penalty is reduced to $60 per form.
The IRS projects collecting big bucks from these penalties over the next few years. Churches should check—and double check—to make certain Form 1099s are issued to all unincorporated businesses that provided services of $600 or more to them during 2011. This includes sole proprietorships, partnerships, and limited liability corporations (LLCs). You can verify the business information via a Form W-9.
For more information related to churches and taxes, check out the 2012 Church & Clergy Tax Guide.
Tips on Selecting a Tax Preparer
Choose a person with experience preparing ministers’ tax returns.
Let’s assume you’ve decided to have your tax return prepared by a professional. The next step is to find someone who is experienced and competent in the preparation of ministers’ tax returns. Here are some tips to help you find such a person:
- If possible, stick with a CPA or tax attorney. These professionals have completed a rigorous educational program, passed a difficult qualifying examination, and are subject to a comprehensive body of professional ethics.
How Much Are Pastors Earning These Days?
Survey shows an average increase of 2.7 percent in pay and benefits.
How much are the pastors of Protestant churches nationwide earning these days?
The chart below shows the national averages for compensation and benefits earned by full-time senior pastors, based on Christianity Today's biannual survey of 4,600 churches nationwide. The survey provided valuable, detailed data on 13 church staff positions (including compensation levels based on personnel characteristics like years employed, denomination, region, gender, and education) for the 2012-2013 Compensation Handbook for Church Staff.
Among the findings of the survey: Senior pastors reported salaries and benefits that, on average, were 2.7 percent higher than those reported for the preceding 2010-2011 Compensation Handbook for Church Staff:
Continue reading "How Much Are Pastors Earning These Days? " »
Year End Giving
These tax rules determine if contributions should apply to 2011 or 2012.
December often brings more contributions to churches than any other month. Be prepared to handle year end contributions accurately by listening to Richard Hammar describe a number of important rules that apply to year end giving in the video below:
To learn more about how tax laws apply to your church, read Richard Hammar's 2012 Church & Clergy Tax Guide.
Payroll Tax Cut Temporarily Extended into 2012
After weeks of debate, Congress has finally resolved the question of whether or not to extend the payroll tax holiday that was enacted in 2011. From now until at least February 29, 2012, nearly 160 million workers will benefit from the Temporary Payroll Tax Cut Continuation Act of 2011 temporarily, which extends the two percentage point payroll tax cut for employees, continuing the reduction of their Social Security tax withholding rate from 6.2 percent to 4.2 percent of wages paid through Feb. 29, 2012. This reduced Social Security withholding will have no effect on employees’ future Social Security benefits.
Employers should implement the new payroll tax rate as soon as possible in 2012 but not later than Jan. 31, 2012. For any Social Security tax over-withheld during January, employers should make an offsetting adjustment in workers’ pay as soon as possible but not later than March 31, 2012.
December Tax Tip: Note New Withholdings for 2012
New tables available from the IRS.
Beginning on January 1, churches having nonminister employees (or a minister who has elected voluntary withholding) should begin withholding federal income taxes according to the new tables and instructions contained in the 2012 edition of IRS Publication 15 (Circular E). You can order a copy by calling the IRS at 1-800-829-3676, or you can download a copy from the IRS website (http://irs.gov).
December Tax Tip: Plan Now to Reclassify an Employee
Changing a minister to 'employee' status should happen January 1.
If you have a minister or lay worker who is treated as self-employed for federal income tax reporting purposes, but who you would like to reclassify as an employee, the ideal time to make the change is on January 1 of the new year.
The Top 10 Church Management Articles of 2011
Church leaders followed these stories most this year on ManagingYourChurch.com.
I’ve said it before, and I’ll say it again: I’m a sucker for lists. And the end of a calendar year always brings opportunities to reflect on the top stories and headlines from the year that was.
So it’s only natural to share the top ten articles for ManagingYourChurch.com in 2011 based on unique page views. Each post is highlighted below, starting with the tenth-most uniquely viewed post and building up to the first-most. Each highlight also includes the post’s title, author, and date, as well as a brief description and, if available, a notable reader comment.
See what caught the interest of church leaders nationwide, and feel free to weigh in with your thoughts on these legal, financial, and management topics:
10. The Pluses of Google+ for Church Leaders by Margaret Feinberg (July 18, 2011)
Social media tools continued to proliferate in 2011, and no new addition created a larger stir than the summer unveiling of Google+. Many early adopters viewed Google+ as the first legitimate threat to Facebook’s status as the social networking site of choice for the masses. Christian author Margaret Feinberg dove in to Google+ immediately and shared her initial thoughts about how it works, and the way its features may be useful for churches.
Notable reader comment: “I definitely see the strengths of G+'s Circles. Love the idea of Hangout, etc all being built in. My concern is that FB would only need to make a few changes to do the same thing. And so far, my Incoming on G+ is DEAD. Very little updating going on.” —Richie Allen
9. A Pastor’s Thoughts on Knowing What People Give by Larry Osborne (May 3, 2011)
In this guest post, Pastor Larry Osborne shares about a situation that changed his thinking about whether a pastor should know what people give to the church.
Notable reader comment: “To me, what was done with the information presents a better arguemtn for why pastors don't need to know than why they do need to know.” —John
8. The Church Bulletin as a Tax Tool by Richard R. Hammar (November 1, 2011)
How churches can use their bulletins at the end of the year to provide timely, helpful year-end tax reminders and guidance to givers.
Notable reader comment: None.
Continue reading "The Top 10 Church Management Articles of 2011" »
IRS Announces Recommended Mileage Rates for 2012
What church leaders should note heading into the new year.
On Saturday, the Internal Revenue Service announced its recommended optional standard business mileage rates for 2012. These recommendations are ones "employees, self-employed individuals, and other taxpayers can use to compute deductible costs of operating automobiles (including vans, pickups and panel trucks) for business, medical, moving and charitable purposes," the IRS says.
Many church treasurers also use these recommended rates to reimburse business miles logged by pastors, staff members, and volunteers for the use of their personal vehicles to drive hundreds of miles each month for visitations, home visits, retreats, community meetings, and conferences, among other things.
Beginning January 1, 2012, the IRS says the 2012 standard mileage rate remains at 55.5 cents per mile for business uses, is reduced to 23 cents per mile for medical and moving uses, and remains at 14 cents per mile for charitable uses.
Moving forward, it's important for church treasurers to periodically check for updates on the rates from the IRS. For instance, in June, the IRS increased the standard mileage rate from 51 cents per mile to 55.5 cents per mile for the second half of 2011 to address increased gas prices around the country.
In the February 2012 edition of Church Finance Today, Richard Hammar sheds more light on mileage rates, including a more expansive review of the best practices regarding reimbursements for vehicle uses by church staff.
December Tax Tip: 2012 Pension Plan Limits
New cost-of-living adjustments apply next year.
The IRS has announced cost-of-living adjustments applicable to dollar limitations for pension plans and other items for 2012. These include the following:
- The limitation for defined contribution plans is $50,000.
- The exclusion for elective deferrals is $17,000.
- The limitation used in the definition of highly compensated employees is $115,000.
- The dollar limitation for catch-up contributions to an applicable employer plan for individuals aged 50 or over remains unchanged at $5,500.
For more help with 2011 tax filings and 2012 tax questions, check out the 2012 Church & Clergy Tax Guide.
December Tax Tip: Update Staff W-4s Now
New laws, life changes have likely affected many.
December is a good time to check with all nonminister church employees to see if they need to file a new W-4 form with the church. The W-4 form is used by employees to report withholding allowances. This information will determine how much income tax the church withholds from the wages of a nonminister employee. The important point is this--W-4 forms often become obsolete because of changes in an employee's circumstances, but the employee fails to submit a new form to the church. This can result in withholding that is significantly above or below the actual tax liability.
There are many reasons why an employee's W-4 may be inaccurate, including the birth of a child, a pay raise, or significant medical expenses. These same considerations apply to ministers who have elected voluntary withholding of their taxes.
Additional Tip: The tax cuts passed by Congress in recent years have reduced taxes for most Americans, and this is another reason why some church employees will want to submit a new W-4 form.
The Church Bulletin as a Tax Tool
Simple reminders can help members with end-of-year giving.
To avoid jeopardizing the tax deductibility of charitable contributions, churches should advise donors at the end of 2011 not to file their 2011 income tax returns until they have received a written acknowledgement of their contributions from the church. This communication should be in writing. To illustrate, the following statement could be placed in the church bulletin or newsletter during the last few weeks of 2011, or included in a letter to all donors:
IMPORTANT NOTICE: To ensure the deductibility of your church contributions, do not file your 2011 income tax return until you have received a written acknowledgment of your contributions from the church. Some of your contributions may not be tax-deductible if you file your tax return before receiving a written acknowledgement of your contributions from the church.
Keep your congregation informed about the rules for substantiating charitable contributions by ordering the 2012 Charitable Contributions Bulletin Inserts by Richard Hammar. The insert is designed as a one-page summary explaining the rules of most importance to church members and can fit easily in church bulletins, newsletters, or contribution statements. The inserts are available in quantities of 100 or can be purchased for electronic download. Call 1-800-222-1840 or visit YourChurchResources.com to order.
Renting Out Extra Space May Cost Churches
One Idaho church receives an unexpected tax bill.
A church in Boise, Idaho, received an unexpected property tax bill of $17,000 for leasing space to a local YMCA daycare, according to Northwest Cable News. The church charges the nonprofit about $9,500 a month to rent space often left unused during the week.
The county attorney reviewed the church’s non-profit application and determined that the area dedicated to the daycare, representing 18 percent of the church’s square footage, is making a profit. The county admits that it interpreted the tax law different in past years, but it believes this year’s interpretation is more accurate. The church has appealed to a state tax appeals board. A decision may take months.
Continue reading "Renting Out Extra Space May Cost Churches" »
10 Common Payroll Tax Errors
These pitfalls often trip up churches.
In the video below, Rich Hammar reviews what he considers the ten most common payroll tax errors made by churches. Rich, along with Christianity Today, publishes a comprehensive tax review in his annual book the Church & Clergy Tax Guide, available at YourChurchResources.com. To stay up-to-date on all legal and tax information for the church year round, visit ChurchLawandTax.com.
Endorsing Candidates from the Pulpit
"Pulpit Freedom Sunday" raises questions as Election Day draws near.
This past Sunday, the Alliance Defense Fund expected nearly 500 church pastors nationwide to participate in "Pulpit Freedom Sunday." The event, organized for four consecutive years by ADF, is designed to challenge a 1954 amendment to the
501( c) 3 tax code that doesn't allow nonprofits to participate in political campaigns. The law is often referred to as the "Johnson Amendment" because Lyndon Johnson, a U.S. Senator at the time, introduced and advocated its passage.
As Richard Hammar explains in the 2011 Church & Clergy Tax Guide:
This limitation has an unusual and unfortunate history. It was proposed in 1954 by then Senator Lyndon B. Johnson of Texas as a floor amendment to the tax code, and it was passed without explanation. Apparently, Senator Johnson was attempting to limit the political activities of a private foundation that had supported one of his opponents in a Texas election. It is clear that few, if any, Senators contemplated in 1954 that the newly enacted limitation could be used to threaten the tax-exempt status of churches. However, the limitation is worded in absolute terms—prohibiting any attempts by churches or any other tax-exempt organizations to participate or intervene in a political campaign—and therefore does pose a significant threat to churches.
The goal of "Pulpit Freedom Sunday" is to get "the Johnson Amendment declared unconstitutional—and once and for all remove the ability of the IRS to censor what a pastor says from the pulpit," according to an ADF website created for the event. In 2008, 33 pastors preached on political matters for "Pulpit Freedom Sunday," then sent copies of their sermons to the IRS. In 2009, 84 did the same, while last year, about 100 did so. Each year, including this year, ADF has agreed to defend—for free—any IRS attempts to prosecute participating pastors.
So far, no such challenges have occurred.
Articles and editorials about this year's event showed up nationally in notable newspapers and websites.
Tax Scammers in Person
Teams of people posing as tax service companies knock on church doors.
The most common way tax scammers seem to work is through e-mail. Countless e-mails arrive daily in inboxes claiming a tax refund is available.
Many tax scammers have become less shy recently, according to a recent IRS news release and an Oklahoma news service. They walk through church doors, posing as unfamiliar for-profit tax services.
After teaming up with a church, they charge a fee for their service that includes convincing unsuspecting taxpayers to file an IRS return for tax credits, refunds, or rebates for which they are not entitled. By the time claims on the returns are rejected, the scammers have left town.
Who Owns a Pastor's Sermons?
Most clergy are shocked when they learn the answer.
Most clergy would be shocked to learn that their sermons are works made for hire that are owned by their employing church, and that their sermons cannot be used in any other churches with which they are later employed without the permission of the church with which they were employed when the sermons were created. This can become a contentious issue in the case of clergy whose sermons are recorded and sold publicly by the church.
Are Sermons Works Made for Hire?
Are a minister’s sermons works made for hire that are owned by the employing church? To the extent that sermons are written in a church office, during regular working hours, using church secretaries and equipment, it is possible if not likely that they are works made for hire since they are created by an employee within the scope of employment.
The argument could be made that sermons are works for hire even if composed by ministers at home, during “non-office” hours, since they comprise one of the most important functions that they perform on behalf of their employing church and congregation.
What this means for you and your church:
Church Puts Property Up for Sale After Tax Dispute
City says land can be assessed.
An ongoing property tax assessment battle between Concord, N.H., and a 50-member church there has led to the church putting its property up for sale to make ends meet, according to a recent article in the Concord Monitor.
Four years ago, the city assessed taxes for the property after it determined 60 percent of it wasn’t used for religious purposes. The Destiny Christian Church, a Pentecostal congregation, owns a two-story building, a parsonage, and 26 acres, according to the newspaper article.
The church disputed the tax bill, but the Board of Tax and Land Appeal sided with the city. This summer, the appeal was approved to go to the state Supreme Court.
Continue reading "Church Puts Property Up for Sale After Tax Dispute" »
Cartoon: Giving for Tax Purposes
If you’ve ever created receipts for church offerings and donations, you’ve probably been asked to receipt donated property.
On a more serious note, Richard Hammar offers a couple of lessons on how to meet IRS requirements for non-cash contributions of $5,000 or less and $5,000 or more.
One Church Receives an Unexpected Tax Bill
Why churches must understand unrelated business income.
A church in Mount Vernon, Washington, thought it didn’t owe taxes. But that changed after a recent state audit, when the state said the church owed $180,000 in back taxes and penalties, according to a TV news station.
The church charges admission to a small amusement center. All profits support the church’s ministry. Previously, the church thought that since these admission fees supported the ministry, taxes were not owed. The state’s department of revenue disagreed, although it lowered the amount owed to $58,000 after reviewing the case and waived all penalties and interest if the church can commit to paying.
Continue reading "One Church Receives an Unexpected Tax Bill" »
Scammers 'Phishing' for Your Money
If free money sounds too good to be true, it probably is.
Editor's Note (August 15, 2011): Naomi Martin, a reporter with The New Orleans Times-Picayune wrote this article for the newspaper on Sunday. It provides additional details on how some of these scams approach church leaders.
In July, the IRS urged its Twitter followers to be leery of tax scams convincing taxpayers to apply for rebates or credits. And Forbes reported that there’s been a recent “flurry of schemes in the South and Midwest” targeting local churches. Scammers convince churches that free money is available from the IRS through large tax credits or rebates, requiring minimal paperwork—a substantial reward for little effort and an offer truly too good to be true.
Unfortunately, churches are falling for it.
In 2008, Richard Hammar cautioned churches about several scams included in the IRS’s annual “Dirty Dozen,” a list of common tax scams all taxpayers should be aware of. Out of the twelve, Hammar focused on five that were relevant to churches. These five are still relevant, according to the IRS’s 2011 Dirty Dozen. Read about the five below, and view the complete list at irs.gov.
Five To Watch
Phishing. Identity thieves use this technique to acquire personal information in order to gain access to the financial accounts of unsuspecting consumers, run up charges on their credit cards, or apply for loans in their names.
The Proposed Charitable Deduction Change
Differing views on whether a change will affect giving to churches.
The president has proposed a 2012 budget that will decrease the value of itemized tax deductions, including deductions for charitable contributions, for individuals making $200,000 or more and families making $250,000 or more per year. Also in the proposed budget is a tax increase for those in that income level.
Some say both of these changes could mean a decrease in the amount of charitable contributions to churches. Others suggest the affects may not amount to much.
In the 2011 State of the Plate, a survey of more than 1,500 church leaders, 91 percent say that this type of change would affect future giving at their church. Of the 91 percent, 31 percent characterize the potential damage as “significant.”
Continue reading "The Proposed Charitable Deduction Change" »
Letters to Potential Donors of Mission Trips
Wording is more important than you might think.
In the excitement of planning a mission trip, it’s possible to overlook the importance of carefully worded support letters that meet IRS guidance. The IRS indicates what would be helpful to include in letters requesting charitable contributions, according to Dan Busby, president of the Evangelical Council for Financial Accountability (ECFA).
Busby co-hosted a webinar late last month that included a discussion on the importance of the wording in these letters. The IRS says the following elements, clearly stated in fundraising letters, meet its guidance:
- The trip is church-sponsored;
- Ministry will be performed on the trip;
- Gifts are preferenced for the individual’s trip expenses. (Leadership Journal further examines the question of designated gifts for short-term missions trips in the article “Tripped Up”);
- The church will exercise discretion and control over the funds (which implies that there are no refunds to donors if the individual doesn’t go).
Although unlikely, church mission trips may be canceled; therefore, it is good to mention in the letter what will happen to the donated money in that situation.
Continue reading "Letters to Potential Donors of Mission Trips" »
Setting the Record Straight on Group Exemptions
Despite some claims, IRS revocations aren't in store.
The IRS Advisory Committee on Tax Exempt and Government Entities (“ACT”) issued a report in June that addresses a number of tax compliance issues, including group exemption rulings.
The report caught the attention of many church leaders, since thousands of churches have obtained recognition of tax-exempt status by being included in the group exemption ruling of a parent denomination. Unfortunately, the report has caused needless concern, in part because of the false claims of some seminar leaders that the IRS is going to “revoke the group exemptions of churches by the end of the year.”
The good news is that the IRS is not going to revoke group exemptions. A feature article in the September-October 2011 edition of Church Law & Tax Report explains the recent ACT report, and sets the record straight.
IRS Increases Mileage Rate
The Internal Revenue Service announced this morning it has increased the optional standard mileage rate that employers can use to reimburse employees who drive personal vehicles for business purposes.
The IRS increased the rate to 55.5 cents per mile for travel occurring between July 1 and December 31.
The rate was 51 cents for January 1 to June 30.
Many pastors and staff members drive their personal vehicles for church-related business, such as visitations or special events. If properly tracked, those miles can be reimbursed by churches (or pastors and staff members may be able to calculate a deduction for their annual tax returns).
Chapter 7 of the 2011 Church & Clergy Tax Guide further explains reimbursements of transportation expenses.
IRS Revokes Tax-exempt Status of Church-run Agency
275,000 nonprofits lost their tax-exempt status—some may be church-run
If your church runs a nonprofit agency, you may want to check this state-by-state list of 275,000 organizations whose tax-exempt status was recently automatically revoked by the IRS. Most organizations on the list no longer exist but some still do.
One organization on the list that still exists is a community development agency run by St. James Chapel Church of God in Christ, according to a newspaper in Reading, PA.
A law in 2006 requires most tax-exempt organizations (excluding churches) bringing in $25,000 or less to start filing yearly IRS returns, specifically form 990-N. Before 2006, they were not required to file. Those that do not file for three consecutive years will find their tax-exempt status automatically revoked by the IRS.
Continue reading "IRS Revokes Tax-exempt Status of Church-run Agency" »
Group Drops Case Against Pastor Housing Allowances
But battles loom as more challenges are promised.
A constitutional challenge to the tax-free housing allowances and parsonages provided to thousands of American pastors is over after the plaintiffs who filed the original lawsuit voluntarily requested its dismissal Friday in a California district court.
But the battle is far from over. More legal challenges from opponents of the provision are promised, while a federal commission reviewing the benefit has been asked to determine whether it needs additional protections.
A leader from the Freedom from Religion Foundation, the group that led the latest charge against the decades-old tax benefit for clergy, said her organization will continue its fight to bring an end to these allowances, which it believes violate the First Amendment’s Establishment Clause and endorse religion.
Friday’s request was FFRF’s “only option at this time” after a U.S. Supreme Court ruling in April on a separate Arizona taxpayer case undermined the grounds for its case in California, said Annie Laurie Gaylor, co-president of the Madison, Wisconsin-based organization.
The group is evaluating its next options to challenge the benefit. “We plan to pursue it in a slightly different manner,” Gaylor said. “We’re sorry about (the California case)—we think the Ninth Circuit already indicated that it believed the law was unconstitutional. We believe it’s an unconstitutional law.”
Continue reading "Group Drops Case Against Pastor Housing Allowances" »
More Analysis on the Pastor Housing Allowance Challenge
Supreme Court ruling may hurt standing of FFRF's case.
Last month, Richard Hammar wrote an article detailing new developments in the constitutional challenge to pastoral housing allowances under way in California.
In a separate case in Arizona, the Supreme Court ruled the plaintiffs there lacked standing for their case to proceed. The logic applied in that situation likely will apply to the plaintiffs challenging the pastoral housing allowance in California, Hammar says (Hammar further explains the ruling's meaning and how it may prevent the Freedom From Religion Foundation from successfully advancing its case to trial).
The defendants in the housing allowance case likely will file a motion for its dismissal. If the motion succeeds, it will thwart what had otherwise become a growing concern for religious communities, churches, and pastors across the country.
In the latest issue of Christianity Today, a new article also examines the development in the Arizona case, quoting Hammar as well as several other religious and First Amendment experts, including Notre Dame law professor Rick Garnett and University of Virginia law professor Douglas Laycock. Garnett reinforces Hammar's analysis; Laycock says the decision, though helpful for the defendants in Arizona (and likely California), may create a "squelching" affect for any future cases arguing violations of the Establishment Clause, according to the article.
Bill Maher: Should Churches be Taxed?
It's time churches share their stories to local communities.
A little more than a year ago, Bill Maher hosted actor Ashton Kutcher, author and editor Jon Meacham, and Florida Congresswoman Ileana Ros-Lehtinen on his HBO program, Real Time. A YouTube clip from the program circulated recently throughout social media circles.
Church leaders might find the clip particularly interesting—and not just because of Maher's well-documented skepticism of religious beliefs (for instance, in 2008, he released Religulous, a feature film with a title combining the words "religious" and "ridiculous.")
Rather, it's a question he raises to his guests.
At one point, Maher asks Meacham, Kutcher, and Ros-Lehtinen whether churches should be taxed. Without hesitation Meacham says yes, offering his own church—one located on valuable New York City property—as an example to support his position. After Maher quips about the "invisible" product churches "sell," Meacham adds they're only open one hour per week anyway.
Kutcher suggests churches should be judged based on their philanthropic worth before determining their tax status, a "luxury tax" of sorts. The congresswoman remains silent on the subject throughout the clip.
Conversations like this only underscore the growing chorus of opposition to the tax-exempt status of churches. One need only read the YouTube comments below Maher's clip to see how hostile that chorus has become.
It's time churches responded, joining the conversation in an active, productive way. Lest Maher or any of his guests think otherwise, churches already pay many types of taxes, despite their exempt status, whether it's payroll taxes for employees, fees for local services, or taxes on substantial amounts of unrelated business income.
Should the Jobless Tithe on Their Unemployment Benefits?
Three Christian leaders weigh in on a difficult giving question.
In the March edition of Christianity Today, three men with backgrounds in church and personal finances were asked whether the jobless should tithe on their unemployment benefits. Read their answers, then share how your church has (or hasn't) addressed this question as the unemployment rate remains at or above 10 percent for many parts of the country:
"Yes, if joyfully. ... There are some reasons for jobless people—or anyone, for that matter—not to tithe. Do not tithe out of joyless obligation to law. Do not tithe if your soul requires nothing short of a New Testament demand to tithe (there is none). Do not tithe under the assumption that God will owe you anything. Do not tithe if you expect to default on a debt. Do not tithe if you will resent God for asking sacrifices of you—unless you intend the tithe, in the spirit of "I believe; help my unbelief," as your invitation for God to purge your resentment." —Douglas LeBlanc, editor at large for The Living Church magazine and author of Tithing: Test Me in This. Read his full answer here.
"Yes, with generosity. ... Scripture does not speak directly to the topic of tithing on an income that is not your own, so I am reluctant to say firmly, "Yes, give this much." But the Bible has much to say on the subject of generosity and gratitude. There are four questions church leaders and others can ask to help someone struggling with tithing on their unemployment benefits:
Continue reading "Should the Jobless Tithe on Their Unemployment Benefits? " »
What's a Congregation Worth?
The "good news" of churches' work in communities.
As cities and counties continue to eye possible taxes and fees for churches and religious organizations, interesting new research from The University of Pennsylvania's Ram Cnaan examines the economic value of a congregation to its surrounding community.
Using information from congregations in Philadelphia, Cnaan says churches, on average, provided $476,663.24 of services in 2009 to their surrounding communities.
He's now about to release information from a pilot study of 12 historic churches in Philadelphia, with one estimated to provide $6.1 million of services to the community (nearly 10 times its annual budget). Here's a graphic from the April issue of Christianity Today, our sister publication, detailing how Cnaan's research led to that conclusion.
Something else to note: Cnaan describes himself as "nonreligious," according to Christianity Today.
Expanded 1099 Reporting Requirements Repealed
New law nixes 'crushing administrative burden'
In the April edition of Church Finance Today, Richard Hammar previewed the possible repeal of the expanded 1099 reporting requirement included with the Patient Protection and Affordable Act (last year's health care reform legislation).
The requirement would have required all persons or entities engaged in a trade or business (including churches and nonprofits) who make payments to a "non-employee" in any year of $600 or more to report it to the IRS on Form 1099-MISC. As Rich explains, the requirement was designed "to improve tax compliance based on the assumption that payees are more likely to correctly report their taxable income if they realize that payors are reporting that income to the IRS."
Controversy erupted because of the requirement, largely because many believed it would "impose a crushing administrative burden on countless nonprofit and for-profit entities as a result of the obligation to file billions of new 1099 forms," Rich explains.
Earlier this month, the Senate passed legislation that included a repeal of the requirement. On Thursday, President Obama signed it into law.
Rich will cover this development more extensively in an upcoming issue. For more updates on the health care reform for churches, join Rich on May 4 through this special live webinar co-presented by Christianity Today International and the Evangelical Council for Financial Accountability.
A Tax Credit for Churches?
Potentially thousands of dollars available from health care provision.
Editor's Note (September 29, 2011): A church business administrator in Colorado shared the following update regarding his church's application for this credit: "We submitted form 990-T claiming the credit (approximately $7,100) in late April. We received a request for more information from the IRS late August. Yesterday, the IRS told me that they are still working through a massive amount of applications, and it could take up to 60 days from now to receive our refund, if we are deemed qualified. They said they have 5 agents working on the applications, which is taking them longer than expected. So for those of you still waiting like us, it may be awhile before you see your check. The IRS contact said you are welcome to call 877.301.5153, select option #2, to check on your status (the IRS contact was courteous and professional)."
Editor's Note (August 12, 2011): The 11th Circuit ruled today that a key part of Obama's healthcare reform is unconstitutional. Watch for future updates here, on ChurchLawandTax.com, and in Church Law & Tax Report to learn what this means for churches.
Is there really a "tax credit" available to churches based on last year's health care reform? For those offering health care to employees, the answer is quite possibly yes. The deadline for the first opportunity to take advantage is approaching fast, though.
Some churches say they have received more than $10,000 from the provision, so it's worth investigating what it involves. Richard Hammar provides further information in this short video update below.
For complete coverage, check out the May edition of Church Finance Today and a live webinar on May 4 with Rich on key health care reform updates.
Should Congress Change Pastors' Housing Allowances?
Several voices weigh in on an important tax benefit for clergy.
The newest issue of Christianity Today poses an interesting question: Should Congress change pastors' housing allowances?
Expect to hear a lot more on the topic in the weeks and months ahead. Since the conclusion of Sen. Charles Grassley's (R-Iowa) financial investigation of six large televangelism ministries, the Evangelical Council for Financial Accountability (ECFA) has been chosen to lead a commission responding to Grassley's eight remaining questions about ministry finances, including "Should there be specific guidelines controlling pastoral housing allowances?" The current tax code excludes the rental value of a home from pastors' taxable income.
Christianity Today posed the question to a variety of people involved in theological, nonprofit, and church leadership, including our own Richard Hammar. Read these three responses, then weigh in with yours:
"In the paradoxical Christian spirit that a little sacrifice by some assures a more abundant future for all, reductions could reflect typical mortgage deductions by phasing out the allowance for pastors who make more than the typical American while leaving the allowance for the rest." —Gary Moore, founder, The Financial Seminary
"I'm all for saving tax money, but I do see the legal complication of giving tax breaks just to ministers, structured the way it is. A lot of ministers depend on it, and I don't want pastors to suffer. I hope it's retained, but at the same time it's hard for me to find reasons why it should be." —Gene Edward Veith, provost, Patrick Henry College
"The courts have consistently upheld the constitutionality of state and federal grants and loans that flow to clergy and ministerial students attending seminaries. Why? Because the beneficiary is the individual, not 'religion.' The housing allowance is similar." —Richard Hammar, senior editor, Church Law & Tax Report
Would a Change to Charitable Contributions Rules Hurt Churches?
State of the Plate survey suggests concerns--but are those valid?
One angle covered by secular media during the recent release of the 2011 State of the Plate survey results: The possible affects of a current "federal proposal to reduce tax deductions for charitable donations among wealthy Americans," as CNN.com reported Wednesday.
Cathy Lynn Grossman with USA Today's "Faith and Reason" blog focused extensively on that question and response from the survey in a piece also published Wednesday:
Continue reading "Would a Change to Charitable Contributions Rules Hurt Churches?" »
Church Giving Begins to Rebound?
6 in 10 churches held—or gained—ground in 2010.
Since the recession in 2008, many U.S. churches have seen a decline in giving. But the tide may be changing. The third annual State of the Plate constituency survey of 1,507 churches revealed that 43% of these churches experienced an uptick in giving this past year (up from 36% the previous year). Overall, 6 in 10 churches reported giving that was flat or up in 2010—encouraging results given the nation’s stalled economy.
Smaller churches (under 249 people in worship attendance) saw giving declines (40% in churches under 100 people and 43% in churches with 100-249 people). Giving dipped most in Southeast states, rather than among Pacific Coast states as it did in previous years.
Handling Leases for Car Allowances
Accounting for this type of option for vehicles.
Question: Our church provides an auto allowance budget line item for vehicle expenses for our pastor. The pastor leases a vehicle that he uses for church-related business. He has asked to use the budget line for reimbursement of the expenses associated with the leased vehicle's use.
The pastor submits receipts for expenses associated with the leased vehicle for reimbursement (i.e. lease payments and maintenance). What are the IRS guidelines in such an instance?
Answer: “If you lease a car that you use in your ministry, you can use the standard mileage rate or actual expenses to figure your deductible car expenses. You can deduct the part of each lease payment that is for the use of the car in your business. You cannot deduct any part of a lease payment that is for personal use, such as commuting. You must spread any advance payments over the entire lease period. You cannot deduct any payments you make to buy a car, even if the payments are called lease payments. If you lease a car that you use in your business for a lease term of 30 days or more, you may have to include an inclusion amount in your income for each tax year you lease the car. To do this, you do not add an amount to income. Instead, you reduce your deduction for your lease payment.
The Fall-Out from 'Natural Decrease'
How the economy, and dying counties, may hamper church-building plans.
Editor's Update (4/26/2011):The Nonprofit Quarterly pointed this morning to a Boston Globe article reporting 40 of the city's largest nonprofits, with property valued at $15 million or more each, have received letters from the city "requesting them to make regular and voluntary tax payments based on the value of their holdings.
"Boston is not alone is seeking to raise revenues from nonprofits ... In Boston, nonprofits are especially tempting targets, because as the Globe notes, they own about 52 percent of the city’s land area," the Nonprofit Quarterly continues. "Under the new plan payments would rise from $15 million, which they paid this year, to $48 million over the next five years."
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Editor's Update (4/4/2011): The Nonprofit Quarterly pointed this morning to a Times-Picayune article covering the recommendations of a mayor-appointed "Tax Fairness Commission" in New Orleans. One of the three recommendations:
"...changes to the state’s constitution that would allow cities statewide to collect taxes from nonprofits as part of a larger effort to bring in more revenue from untaxed property ...
... If adopted by lawmakers and voters statewide, the most sweeping of those changes, according to The Times-Picayune, “would allow local governments to collect taxes on as much as half the assessed value of properties that long have paid nothing because their educational, religious, cultural, fraternal or other missions qualify them for exemptions.”
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Up until last week, there's a good chance most people hadn't heard of "natural decrease." But newly released U.S. Census data reveal a near-record number of counties in the country are dying, and the term describing the phenomenon has quickly gone mainstream.
The Associated Press reports:
"In all, roughly 760 of the nation's 3,142 counties are fading away, stretching from industrial areas near Pittsburgh and Cleveland to the vineyards outside San Francisco to the rural areas of east Texas and the Great Plains. Once-booming housing areas, such as retirement communities in Florida, have not been immune.
West Virginia was the first to experience natural decrease statewide over the last decade, with Maine, Pennsylvania and Vermont close to following suit, according to the latest census figures. As a nation, the U.S. population grew by just 9.7 percent since 2000, the lowest decennial rate since the Great Depression."
What's the significance for church leaders? Well, beyond the obvious ministerial needs and challenges that churches located in dying counties can help meet, there's another separate-but-significant connection. The AP says two primary reasons for "natural decrease" are an aging population and a poor economy.
It's the second reason that church leaders should especially note. As municipalities--dying or not--continue to struggle with shrinking tax revenues, and aggressively look for ways to survive, churches and nonprofits will only find it tougher to avoid taxes and tougher zoning restrictions.
A year ago, we saw the question of taxing churches unfold publicly in places like Utah, Ohio, and Indiana.
On the zoning front, challenges with ordinances appears, as one attorney puts it, to be "heating up" for churches because of the economy (and that's saying something--zoning issues are already one of the top five reasons churches go to court each year).
Holiday Pushes Back Due Date for Taxes
Federal tax-filers get a few extra days.
Haven't started your federal taxes yet?
As February fast draws to a close, you may be encouraged to know that you get an extra three days to work on 2010 filings. From this morning's Richard Hammar's Essential Reminders:
"Taxpayers will have until Monday, April 18 to file their 2010 tax returns and pay any tax due because Emancipation Day, a holiday observed in the District of Columbia, falls this year on Friday, April 15," reports the IRS.
Online Resource for Church Law and Tax Help
ChurchLawAndTax.com offers leaders comprehensive info
We’re pleased to announce the launch of ChurchLawAndTax.com (formerly ChurchLawToday.com).
We’ve given the site a fresh, new look to serve church leaders like you even better. You’ll find an updated Archives of the Church Law & Tax Report newsletter through 2010 (that's nearly 25 years' worth of past editions) and extensive updates to the Legal Library, a comprehensive, fully searchable reference written by Richard Hammar for pastors, board members, and church leaders. We’ve also revolutionized the Weekly Lessons quiz feature to improve your learning experience.
BONUS:
A new, free Updates section of ChurchLawAndTax.com highlights information pertinent to church leaders and includes:
Continue reading "Online Resource for Church Law and Tax Help" »
Help for Pastors During Tax Season
Upcoming resources to help wade through tax laws that affect clergy.
The "The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010," passed by Congress and signed by President Obama in mid-December, triggered a domino-like effect of changes for tax-filers--so much so that even the Internal Revenue Service delayed its efforts to process returns (it finally began doing so on Monday).
For pastors, the tax-filing process already is a cumbersome one. As Richard Hammar notes in the upcoming edition of Church Law & Tax Report, there are at least 20 common tax-filing mistakes that clergy make each year, either because they filed their own returns and didn't understand how various laws applied or because they used a tax professional who didn't understand the unique complexities that apply to clergy. Among the mistakes frequently made:
Ten Steps to Tax Reporting
A new, free PDF offers helpful payroll tax reminders for churches.
Looking for a helpful—and easy—way to remember federal payroll tax reporting requirements as a church? Check out this handy, printer-friendly PDF we've prepared titled "Ten Steps to Tax Reporting."
Here's a sneak peek:
10) Complete Forms 1099-MISC and 1096. Must be issued to any nonemployee who is paid compensation of at least $600 during any year.
9) Determine the amount of income tax to withhold from each employee’s wages. The amount of federal income tax the employer should withhold from an employee’s wages may be computed in a number of ways—the most common are the wage bracket method and the percentage method.
Read the remaining eight by downloading the PDF.
What Churches Should Know about the Tax Relief Act
How Social Security taxes, other benefits are affected.
On December 17, Congress passed the "The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010." After President Obama signed it into law, numerous tax provisions that were about to expire were kept alive. And a significant benefit for many employees--a lower Social Security tax rate for 2011--also became reality.
In this short video, watch Richard Hammar cover some of the significant developments from the Tax Relief Act, and what it means for church leaders as they prepare for 2010 returns and plan for 2011. From there, pick up the 2011 Church & Clergy Tax Guide. This must-have reference includes all of the latest information and forms, including items affected by the Tax Relief Act, as well as Rich's unparalleled analysis.
Tax Ruling May Help Pastors Who Own Two Homes
What churches should note for 2011 housing allowances.
Late in 2010, the United States Tax Court ruled a pastor could apply a housing allowance toward expenses incurred from a primary residence and a vacation home.
What are the implications for church leaders? Well, while many may not own a vacation home, many may find themselves in positions where they answered calls to ministry in other communities, only to fail selling their former homes. For pastors in these situations, and others, the decision may have significant relevance.
Watch as Richard Hammar explains the important ramifications of this ruling:
National Commission to Examine Church Financial Practices
ECFA will lead independent inquiry at Sen. Grassley’s request
Editor's Update (12/8/11): The Commission on Accountability and Policy for Religious Organizations is now taking public comments on the various issues it is studying.
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Editor's Update (4/27/2011): The ECFA has announced the initial members of its commission. The list includes several clergy, as well as Richard Hammar, senior editor of Church Law & Tax Report and Church Finance Today.
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Sen. Charles Grassley, R-Iowa, has asked the Evangelical Council for Financial Accountability to head an independent commission that will obtain feedback about the financial practices and oversight of churches and religious groups nationwide.
The goal is to help determine best practices and changes that encourage compliance with federal tax laws and maintain financial integrity within the religious community while avoiding new laws mandating such behavior. But those involved say it’s too early to tell how the commission’s work will affect any changes—or whether it can prevent any new laws—and how long it will take.
In a press conference called this morning in Washington, D.C., ECFA leaders outlined requests made by Grassley, who yesterday released his final report of a three-year inquiry into the financial activities of six high-profile media ministries. The issues to be explored “could potentially affect every house of worship and every member of the clergy in America,” said Michael Batts, an ECFA board member who will chair the special commission.
Grassley’s office contacted the ECFA three weeks ago to indicate its report of the six ministries—in which only two fully cooperated with investigators and no ministry received a penalty—was imminent.
In the course of its investigation, Grassley’s office uncovered what it believes to be eight areas of concern related to financial practices and oversight for churches and religious groups. The newly formed Commission on Accountability and Policy for Religious Organizations, funded entirely by the ECFA, will examine:
Continue reading "National Commission to Examine Church Financial Practices" »
Upcoming Webinar: Key Tax Changes to Understand
Richard Hammar and Dan Busby tackle key questions for churches.
Members of Congress passed a sizable tax-cut package late on December 17, and it barely hit President Obama’s desk the next day before he signed it into law. According to one media report, the package extends, adds, or modifies nearly 25 significant tax benefits for a wide range of Americans. Not surprisingly, the package has implications for churches and clergy, including a lower Social Security tax rate for non-ministerial employees who earn up to $106,800 in 2011, which means churches need to adjust their payrolls accordingly now.
Richard Hammar detailed at least 64 changes in tax law for the 2010 filing season that churches and clergy should note in his January/February Church Law & Tax Report. He’s now created an updated document regarding these most recent developments that will become available later this month on YourChurchResources.com, where you can also find his 2011 Church & Clergy Tax Guide, a must-have reference throughout the year ahead.
In the meantime, as you work to make sense of it all, you should take advantage of a unique opportunity at 1 p.m. EST on January 12. That’s when Rich, along with Dan Busby, president of the Evangelical Council for Financial Accountability, will co-present a live webinar titled Congregation Filings Issues for 2010 Data. Rich and Dan will present key informational updates, plus take participant questions. You won’t want to miss it!
TheYourChurchBlog.com's Top 5 Posts of 2010
The key law, tax, finance, and safety issues readers cared about this year.
Last week, we took a moment to highlight the Top 10 most-read articles from Your Church magazine's website, YourChurch.net. As we continue to count down the days to 2011, we now offer the Top 5 most-read posts from TheYourChurchBlog.com during 2010:
5. Should Pastors Know What People Give? This post--which generated a high number of comments--raised the question based on how three different churches say they address it.
4. A New Tool for Calculating Church Staff Salaries. Personnel expenses make up a significant portion of church budgets--sometimes 50 percent or more. As a companion tool to our 2010-2011 Compensation Handbook for Church Staff, we developed a free worksheet that actually walks church leaders through the process of determining a fair pay range for each pastoral and staff position at their churches.
Continue reading "TheYourChurchBlog.com's Top 5 Posts of 2010" »
10 to Remember From 2010
These Your Church Today articles drew the most traffic.
As 2010 comes to a close, it’s time to get all nostalgic and look back at the year that was. That includes reviewing the articles that interested readers throughout the year. Based on Internet traffic patterns, these 10 articles from YourChurch.net (Your Church Today magazine’s website) led the way:
10. Is My Church Covered? We noticed many church leaders seemed to be taking a hard look at their church insurance policies, their premiums, and any possible savings they could make in light of tightened budgets. Our Summer 2010 cover story reviewed the changing landscape of church insurance, including key coverage changes to note, terms to know, and a brief look at the biggest church insurance providers.
9. State of the Plate Results A detailed look at the results from the 2010 State of the Plate survey, which Christianity Today International conducted with Maximum Generosity to see how 2009 ended for American churches. Among the findings: More churches missed their budgets in 2009 compared to 2008.
8. Debunking the Clergification Myth Respected author and researcher Ed Stetzer examines the prevailing models of church staffing structures and argues for changes that place less emphasis on paid staff and more emphasis on an empowered lay leadership base.
Deadline Nears for Pastors' Housing Designations
Act now so that pastors can receive this tax benefit in 2011.
Churches must designate a portion of each minister's compensation as a housing allowance by December 31 in order for ministers who own or rent their homes to receive the full benefit of a housing allowance exclusion for calendar year 2011. The designation should be adopted during a regular or special meeting of the church board, and should be contained in the written minutes of the meeting.
Churches should designate a parsonage allowance for any minister who lives in a parsonage and who is expected to pay some of the expenses of maintaining the parsonage (e.g., utilities, furnishings, repairs, improvements, yard care). For sample housing and parsonage allowance resolutions, see chapter 6 in the 2011 Church and Clergy Tax Guide, available for January shipment.
Get more handy reminders like this one sent to your inbox free each week by signing up for Richard Hammar's Essential Reminders.
Is Your Church Ready for Tax Season?
Churches and clergy face at least 64 tax changes come January.
In an upcoming issue of the Church Finance Today newsletter, senior editor Richard Hammar relays a comment made by Douglas Shulman, U.S. Commissioner for Internal Revenue, during a speech given earlier this fall to the American Institute of CPAs: “The sheer girth and complexity of the tax code continue to grow, in spite of efforts to simplify it. There have been an astonishing 4,400 legislative changes to the code from 2000 to September of this year.”
Every year, Rich combs through pages of tax code looking for changes that directly affect churches and clergy. It’s a massive undertaking, but one that thousands of church leaders across the country appreciate, given the “sheer girth and complexity of the tax code” as Shulman puts it. For instance, how would any of us know about the 64 significant changes or additions that church leaders should note for the tax filing season upon us?
Rich highlights these changes in greater detail for our January/February issue of Church Law & Tax Report. But let me also encourage you to pre-order Rich’s 2011 Church & Clergy Tax Guide, the tangible fruit of his yearlong labor. This exhaustive book not only will guide you during tax season, but it also will serve as a trustworthy resource to reference time and again throughout the year.
What You Should Know about Year-end Giving and Receipts
Advisors host webinar on handling end-of-year charitable contributions.
Michael Batts and Dan Busby, two members of our Editorial Advisory Board, will co-present a 60-minute webinar on Tuesday, December 7, about the ins and outs of year-end giving and receipts. Batts is managing partner with the CPA firm Batts Morrison Wales & Lee. Busby is president of the Evangelical Council for Financial Accountability, which is hosting the webinar. Both are highly knowledgeable and articulate regarding a wide range of church tax and finance issues, including the handling of charitable contributions.
Among the topics they plan to cover:
• What is required and not required on year-end giving statements
• Cut-off dates for receipting of cash/check gifts
• Noncash gift reporting, including recent cases and IRS correspondence as well as valuing noncash gifts
• Form 1098-C issues with respect to gifts of autos, boats and airplanes
• How to acknowledge quid pro quo gifts
• How to handle Christmas gifts to staff, love offerings raised for staff, and gifts restricted/designated for staff
ECFA members can participate for free, while nonmembers need to register for $29.
For more information and guidance on year-end gifts and charitable contributions, be sure to check out Rich Hammar's 2011 Church & Clergy Tax Guide and our popular 2011 Charitable Contributions Bulletin Inserts, as well as "Best Practices for Receiving Charitable Contributions."
Endorsing Political Candidates from the Pulpit
A new LifeWay survey shows pastors strongly oppose endorsements.
A majority of pastors believe churches should not publicly endorse political candidates, a new LifeWay Research survey shows.
Phone interviews conducted randomly in early October with 1,000 church pastors, ministers, and priests revealed 70 percent strongly disagreed and 14 percent disagreed with the statement, "I believe pastors should endorse candidates for public office from the pulpit."
The results reinforce LifeWay's finding in October 2008 that less than 3 percent of Protestant pastors had publicly endorsed candidates for public office that year.
Even with pivotal races for seats in the U.S. House of Representatives and Senate coming to a head in two weeks across the country, it appears most pastors aren't willing to publicly weigh in.
"We know that pastors have strong feelings when it comes to political candidates and their job performance," said Ed Stetzer, president of LifeWay, in a prepared statement. "But each week when they step into public pulpits in front of sometimes thousands of congregants, the vast majority of those pulpits remain silent on advising others how to vote. They may not approve, but they do not plan to tell."
The reasons for this silence aren't exactly clear. One possible explanation may be a fear of jeopardizing tax-exempt privileges. While churches and religious organizations have heavily involved themselves in political campaigns in the past, the IRS has heightened its scrutiny of such activity during the past decade.
Continue reading "Endorsing Political Candidates from the Pulpit" »
30% Discount on Church Law, Tax, and Finance Resources
Sale in honor of church administration day on October 21.
Our friends at the National Association for Church Business Administration have designated Thursday, October 21, as "National Church Administration Day." As NACBA explains it on its website:
"The idea behind National Church Administration Day is for seasoned church leaders to share their expertise with anyone – whether clergy or laity – performing administrative duties in any congregation, with the goal that all churches become more effective and responsible."
In appreciation of church administrators, Christianity Today International’s YourChurchResources.com store is offering a 30% discount from now through October 21, 2010, in honor of National Church Administration Day. Customers can apply the 30% off promotion code “cad30off” when they place their orders for any products at YourChurchResources.com.
YourChurchResources.com continues to be the trusted source for financial, legal, tax, safety, risk management, and employment products specifically tailored for churches. Top sellers include the 2011 Church & Clergy Tax Guide, the Essential Guide to Church Finances, The 2010-2011 Compensation Handbook for Church Staff, the Essential Guide to Copyright Law for Churches, and the 2011 Church Office Planner.
Additionally, YourChurchResources.com offers hundreds of church and ministry assessments, training tools, and downloads.
Medical Allowances and Health Savings Accounts
Can churches legally designate medical allowances for pastor health plans?
Question: We are entertaining the idea of changing our health care coverage to a HSA (Health Saving Account)-compatible policy. Presently our three pastors receive a designated amount of medical allowances each year to help them cover the costs of out-of-pocket moneies that go toward their deductible. Is it legal to still set aside a designated medical allowance within our budget if we go to a HSA-compatible policy?
Answer: Health Saving Accounts (HSA's) are medical reimbursement accounts that are regulated through the IRS. An HSA is generally only permitted in conjunction with a high deductible health plan. So, depending on how you use the medical allowance, it may impact whether it is legally permitted.
I'm assuming with your current plan, the pastoral staff submits receipts for medical expenses and then is reimbursed up to a designated amount. When you switch to a high deductible plan, it makes sense to take the designated money and deposit it into their HSA account. This is legal as long as all of the pastors are part of a high deductible health plan (i.e. they don't have a traditional health plan with co-pays somewhere else). One other item to be aware of is that the IRS sets limits on how much may be contributed into an HSA account. The IRS changes these limits each year.
Continue reading "Medical Allowances and Health Savings Accounts" »
Legislation Drops Cell Phones from "Listed Property"
But churches shouldn't make changes until the IRS issues its guidance.
The small business tax relief legislation just passed by Congress and signed by the president includes a long-awaited provision removing cell phones from "listed property" under federal tax law effective for tax years beginning after December 31, 2009. As a result, the stringent record-keeping requirements that have applied for decades will no longer apply to cell phones or similar devices.
"We expect that the practical impact of the legislation will be that employers will be able to provide employees with cell phones primarily for business use on a tax-free basis, with little requirement to document the actual business vs. personal use," said Mike Batts, managing shareholder of the accounting firm Batts Morrison Wales & Lee, P.A.
Continue reading "Legislation Drops Cell Phones from "Listed Property"" »
Case Threatens Pastor Housing Allowances
How a California court may alter a long-standing ministry benefit.
Earlier this month, we covered eight federal issues that local churches should watch closely during the remainder of 2010 and into 2011, according to recent remarks from Dan Busby, president of the Evangelical Council for Financial Accountability. Busby, one of our editorial advisors, is based near Washington, D.C. His role at the ECFA includes advocating on behalf of ministry interests on Capitol Hill, so he’s uniquely positioned to see national tax and finance developments unfold that can influence church leaders.
We took notice when we heard the first item on Busby’s list: a California lawsuit, filed by the Freedom from Religion Foundation Inc., challenging the constitutionality of tax benefits associated with the housing allowances that churches provide to pastors.
The significance of housing allowances isn’t lost on church leaders. For decades, churches have used them to recruit and retain pastors. It’s an especially handy tool that churches with limited means, especially small congregations, can use to lure a gifted person. And at a time when the country slogs out of a multiyear recession, it’s perhaps as useful of a benefit as ever. The down economy has challenged weekly giving and strained budgets for many congregations, making pay raises remain small, even nonexistent in some places.
As Richard Hammar notes in his 2010 Church & Clergy Tax Guide:
“The three most common housing arrangements for ministers are (1) living in a church-provided parsonage; (2) renting a home or apartment; or (3) owning a home. The tax code provides a significant benefit to each housing arrangement … The rules … represent the most significant tax benefits enjoyed by ministers.”
Given the importance of housing allowances, we asked Hammar to give us a deeper sense for where the California case will land.
At the moment, the signs aren’t favorable. Church leaders should begin thinking now about a future in which housing allowances for pastors do not receive federal tax exemptions.
Continue reading "Case Threatens Pastor Housing Allowances" »
ChurchSafety.com’s Top 10 Training Resources
What other church leaders are reading and using to keep their congregations safe.
ChurchSafety.com provides expert guidance and risk management information on a broad range of safety topics. We’ve compiled the Top 10 most-downloaded resources from ChurchSafety.com during the past year. Find out what other church leaders have read and used to train staff and volunteers and to develop a safe environment for ministry:
10. Confronting Gun Violence at Church
While the number of incidents involving guns at churches remains small, information and preparation are still vital. Begin by assessing the current security of your church. This download gives helpful advice on how to plan for the unexpected, whether or not your church should hire a security guard, and how to deal with the media in the aftermath of violence.
Children are often the most vulnerable members of our congregations, and their presence also presents some of the most serious liability risks. Most churches use minors to assist in various children's or youth programs. Screening these workers will help prevent youth-peer sexual harassment. Institutions can be found guilty of negligence in these cases for not providing security against such abuse. Learn practical steps to properly screen underage workers and access helpful templates for references and interviews.
8. Creating a Safety Team
When crisis arises, are you prepared? Don’t be taken by surprise next time. Learn to respond appropriately to situations ranging from common medical emergencies to crisis involving gunfire. Every church can benefit from forming a safety team that is trained to respond appropriately to various emergencies. This download will discuss the importance of having a team that can handle situations requiring security intervention, medical response, or evacuation.
Continue reading "ChurchSafety.com’s Top 10 Training Resources" »
The Your Church Blog's Top 10 Posts from Its First Year
The topics that most interested readers like you during the past year.
I love milestones. And I'm a sucker for top 10 lists (thank you very much, David Letterman). Since today is August 26, it means the TheYourChurchBlog.com turns 1. Naturally, I went back and looked at our 10 most popular posts for the first year.
But before I do, a few observations about our past year:
1. Subject popularity appears diverse: 3 of the Top 10 posts fall under the Law Category, with 2 each under Finance and Safety, and 1 each under Staff and Office (the other post was a general one and didn't fall under one specific category);
2. Our highest traffic day came on February 23, on the heels of our post "Oregon Case Provides a Powerful Reminder to Churches," which reviews the implications of an appeals court's ruling that allowed a pastor's victory in a defamation lawsuit against his former church to stand.
3. The post garnering the most comments was "Where You Work Best," which discusses the pros and cons of worshipping at the church where you also work.
Without further delay, here are TheYourChurchBlog.com's Top 10 posts during its first year:
10. Legally Host a Super Bowl Party: If your church is hosting a Super Bowl party this year, you will need to abide by three simple guidelines to avoid violating copyright law ... read more
9. The Top 7 Resources to Combat Church Embezzlement: Earlier this month, we looked at two recent cases of church embezzlement, and the "zero tolerance" stance judges are starting to take against these crimes. Unfortunately, yet another big headline has since emerged ... read more
8. 10 Questions to Ask About Your Church's Communication: As you approach 2010, consider these 10 questions to discuss your church’s communication efforts ... read more
7. What Will the New Health Care Bill Mean for Churches?: Now that President Obama has signed the health care reform bill into law, many churches are wondering what the impact will be on staffing costs. ... read more
Continue reading "The Your Church Blog's Top 10 Posts from Its First Year" »
Is Your Church Giving Raises This Year?
How different churches plan to approach pay increases in 2010.
An interesting post recently surfaced in the Church Admin discussion group hosted on Yahoo:
"Situation: Our church is currently very close to our income and expense budget for the current year (fiscal year end in December). Last year, the board chose NOT to give any pay increases, but this year, some of them want to do so in next year's budget.One board member feels that since some of our congregants are out of work, that we shouldn't give salary increases, even though according to our budget projections, there is no financial reason not to. He is very vocal that we shouldn't even consider raising anyone's pay.
Is anyone willing to share whether or not they are giving pay increases, and the rationale behind their decision? I'm especially interested in hearing from churches who are doing okay at meeting their budgets, and whether or not they are considering pay increases."
The administrator's question is an interesting one. If the economy is beginning to thaw—and there is still debate about whether that's actually the case—then should churches currently meeting their budgets consider pay raises for staff? Our 2010-2011 Compensation Handbook for Church Staff, which surveyed nearly 5,000 churches across the country, showed a small decline in salaries in 2009 (after a slight gain in 2008). This means many church staff members haven't received a bump up in pay in quite some time.
Here's how other church leaders responded to the question:
Continue reading "Is Your Church Giving Raises This Year?" »
2010 Tax Tips for Church Leaders
An update on key developments during filing season.
Ministry Direct, a channel of AGTV, recently hosted a live, 50-minute video with Richard Hammar on the latest tax information that churches and ministers should know. See it below.
Video provided by AGTV. Used with permission.
To learn more about how to file your 2009 tax return and for tax help throughout 2010, order Richard Hammar's 2010 Church & Clergy Tax Guide.
Struggling Cities Eye Taxes, Fees for Churches
Budget shortfalls bring tax-exempt status under fire.
Like countless other municipalities throughout the country, Fort Wayne, Indiana, is struggling to find ways to bridge the gap between declining tax revenue and the costs of maintaining infrastructure and services.
What makes Fort Wayne stand out is the city’s mayor, Tom Henry. Henry is leading the charge for the Urban Mayor’s Caucus of Indiana to tax nonprofit and church-affiliated ministries to help solve his region’s revenue shortfall.
Nearly every town in America is feeling the strain of the economic crisis. As a result, while becoming a 501©3 is a relatively simple process, maintaining a completely tax-exempt status may become increasingly difficult for churches.
Continue reading "Struggling Cities Eye Taxes, Fees for Churches" »
Discerning Eyes for Church Law, Finance, and Administration
Known, respected leaders to help guide CTI resources.
Christianity Today International's church management division, which publishes Your Church magazine, the Church Law & Tax Report and Church Finance Today newsletters, plus resources, such as the annual Church & Clergy Tax Guide and ChurchSafety.com, recently formed two important boards for its publications and resources.
CTI invited well-known and well-respected members from church legal and financial circles to an Editorial Advisory Board to bring authoritative and qualified eyes to its work.
The 14 advisors will regularly contribute to the church management division’s publications, websites, and resources, and also will regularly provide ideas, thoughts, and feedback, shaping the articles, videos, books, blog posts, and other resources that guide church leaders on important legal, financial, safety, and administrative decisions.
Noted church and business leaders who will lend their expertise include:
Continue reading "Discerning Eyes for Church Law, Finance, and Administration" »
Should You Prepare Your Own Tax Returns?
It’s not as hard as you might think.
Ministers can prepare their own tax returns. While ministers’ taxes present several unique rules, these rules are not complex. Unfortunately, many people confuse uniqueness with complexity. With a little effort most ministers should be able to comprehend these rules sufficiently to prepare their own tax returns. The information provided in my 2010 Church & Clergy Tax Guide, together with IRS Publication 17 (Your Federal Income Tax), should be all you need in most cases. Of course, some ministers will prefer, for a variety of reasons, to have someone else prepare their tax returns. If that is your choice, be sure you select someone with experience in the preparation of ministers’ tax returns (preferably a tax attorney or a CPA). You may wish to share a copy of the 2010 Church & Clergy Tax Guide with the person you select.
Before you hire a tax preparer
Before deciding to have someone else prepare your tax return, consider the following:- More than half of all income tax returns prepared by paid preparers contain errors, according to an IRS study. What were the most common mistakes? Failing to claim the standard deduction; entering dollars and cents in the area for dollars; failing to claim (or incorrectly stating) the amount of a refund; failing to total the multiple entries on Schedule C; filing a Schedule SE even though net self-employment earnings are less than $400; using the wrong filing status (joint, head of household, etc.); and failing to check the age/blind box.
Continue reading "Should You Prepare Your Own Tax Returns?" »
The Top 10 Church Administration Posts for '09
A look at the hottest topics facing pastors and administrators.
As 2009 draws to a close, here's a fun look back at the year's 10 most-read posts on TheYourChurchBlog.com. Doing this kind of review often helps us understand the most pressing issues facing church administrators, executive pastors, pastors, and leaders.
And, it's a nice way to showcase topics that you may have missed the first time around.
Here's the Top 10:
10. How to Interview Your Next Church
9. Report: Giving Steady at Two-Thirds of Churches
7. Free Excerpt: The Essential Guide to Church Finances
6. 5 Leadership Books Worth Reading
Continue reading "The Top 10 Church Administration Posts for '09" »
IRS Announces Standard Business Mileage Rate for 2010
Rates slightly drop as transportation costs ease.
The Internal Revenue Service today issued the 2010 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.
Beginning on Jan. 1, 2010, the standard mileage rates for the use of a car (also vans, pickups, or panel trucks) will be:
* 50 cents per mile for business miles driven;
* 16.5 cents per mile driven for medical or moving purposes;
* 14 cents per mile driven in service of charitable organizations
Continue reading "IRS Announces Standard Business Mileage Rate for 2010" »
Top 5 Reasons Churches Wind Up in Court
Current legal trends that can help your church assess its vulnerabilities.
For many years, I've closely reviewed litigation involving churches to identify patterns that pastors and leaders can use to assess their own risks and potential vulnerabilities. In 2008, the following five types of cases brought churches to court more than any others:
1. Sexual Abuse of a Minor (15 percent of cases). Sadly, this type of case is typically the No. 1 or No. 2 reason churches wind up in court every year.
2. Property Disputes (13 percent of cases).
3. Zoning (10 percent of cases).
4. Personal Injury (9 percent of cases). This is a Top 4 issue every year.
5. Tax (7 percent of cases).
Based on this ongoing analysis, churches should note the following major risk categories they face and work to evaluate (and to minimize) their own risks:
Continue reading "Top 5 Reasons Churches Wind Up in Court" »
You Want to Donate What?
How to handle all types of charitable contributions.
Join us on Tuesday, November 10, 2009, for a live webinar event with nonprofit CPA, Elaine Sommerville titled, "You Want to Donate What? How to Handle All Types of Charitable Contributions" (Click on "You Want to Donate What? on the left side of the page to sign up). Elaine will present a sensible plan to help your church receive and document these contributions with confidence. She also will provide tips on educating members to give donations that comply with tax laws and benefit the giver as well as the receiver.
Free Excerpt: The Essential Guide to Church Finances
Most churches don't use a program budgeting method--and they're missing out
Earlier this year, we released The Essential Guide to Church Finances by Richard Vargo, a professor of accounting in the Eberhardt School of Business at the University of the Pacific, and Vonna Laue, a partner at nonprofit accounting firm Capin Crouse.
Below is a free excerpt, which discusses the advantages of program budgeting and why churches that use incremental budgeting strategies put themselves at a disadvantage (and, if you like what you see from this excerpt, you can order your copy of Essential Guide to Church Finances here).
Continue reading "Free Excerpt: The Essential Guide to Church Finances" »
Study: Donations Grow 42% With Face-to-Face Time
Research underscores the power of relationships for church leaders.
In fact, it matters so much, the study reveals “donors to religious organizations gave an average of $2,904, or 42 percent more, when they were asked in person by someone they know,” according to an article published Wednesday by Philanthropy Journal.
That stat provides a tangible reminder of the power of relationships. Of course, when it comes to ministry, face-to-face time should matter more than just to land a big-dollar donation. We were created for relationship with the Lord, and for relationships with each other. Relationships matter a great deal to Him. We should strive to maintain healthy, edifying ones with all congregants, regardless of their financial situations, because the fruits of such efforts are eternal.
Keeping that in mind, there are people in your congregation who feel the Lord has blessed them in terms of finances and resources. For a church leader, the key is to learn more about these people by listening to them, and to hear about how their passions might align with the church's vision.
Continue reading "Study: Donations Grow 42% With Face-to-Face Time" »
Pinched Paychecks
Survey: Pastors, church staff nationwide see slight pay declines.
About half the nation’s full-time pastors report they received no salary increase in the past year, continuing a downturn in salaries among top leaders in churches, according to a new survey published by Christianity Today International. In fact, the extensive survey, publishing this fall in the 2010-2011 Compensation Handbook for Church Staff, shows a slight decline or stall in pay levels for the majority of every church employee surveyed this year.
The Compensation Handbook was developed to provide church leaders and employees with a current and reliable picture of compensation practices across a broad spectrum of American churches. It presents survey data from nearly 5,000 churches representing more than 10,000 staff members in 13 ministry positions, both full-time and part-time, ranging from pastors to childcare positions. The survey was conducted in February and March from subscribers of various Christianity Today International magazines, e-newsletters, and web channels, including Church Law & Tax Report, Church Finance Today, and Leadership, a journal for pastors and church leaders.
Among the findings:
• After a slight bump up in salaries in 2008, the new survey finds a small decline reported in 2009.
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