John Stancil | TaxConnections

27 Jan 2015

Church Wins Round In Court Over Property Tax Exemption

In a recent court case, a New York court ruled that two churches closed by a Catholic Diocese remained exempt from property taxes. In this situation, the diocese had announced plans to permanently close the churches and issued canonical “decrees of suppression.” This action has the effect of terminating the diocese. The property was transferred to other parishes. The local tax assessor informed the diocese that the churches were being placed on the tax rolls, removing the property tax exemption from the two churches.

The diocese asked the court to reinstate the tax-exempt status of both churches, citing the fact that the properties were being used on occasion for religious purposes including monthly religious services. In addition, the diocese stated that the churches were not used for any other purpose. The assessor countered that the properties were not Read More

Written by John Stancil | Posted in Property Tax • Religion • Tax Controversy

20 Jan 2015

Business Expenses For A Minister

In the course carrying out ministerial duties, a minister will incur various expenses that are related to his or her occupation. Some of these may be reimbursed by the employer, while others may be the expense of the minister. What is the criteria for reimbursing or deducting legitimate business-related expenses?

Whether an expense is reimbursed by the employer or if it falls on the minister to pay, the same IRS guidelines apply. An expense must be “ordinary” and “necessary under IRS rules. Business expenses do not include capital expenses such as a computer or other equipment. However, these may be depreciated in most cases. Personal expenses are not deductible business expenses. Read More

Written by John Stancil | Posted in Clergy • Individual • Religion

07 Jan 2015

Don’t Lose Your Soul With A Corporation Sole

A corporation sole is a legitimate legal entity tracing its roots back many centuries in Europe. Its origin is ecclesiastical, or church-related. Even today, most corporations sole are church-related. For example, the Office of the Archbishop of Canterbury in Great Britain is organized as a corporation sole. The Archbishop, not the individual holding the office, is the officer of the corporation. The Roman Catholic Church makes extensive use of the corporation sole.

The property of the church or religious organization is titled to the office, not the individual and avoids the religious property being treated as part of the estate of the vicar of the church. This insures the continuation of ownership of the property dedicated to the benefit of a religious organization. Generally, the creditors of a Corporation Sole may not look to the Read More

Written by John Stancil | Posted in Corporate • IRS • Religion

14 Nov 2014

Appeals Court Upholds Clergy Housing Exemption

The 7th U S Circuit Court of Appeals has dismissed a lawsuit by the Freedom From Religion Foundation (FFRF) that challenged the constitutionality of the clergy housing allowance. The suit was originally brought in the District Court for the Western District of Wisconsin where Judge Barbara Crabb ruled that the tax break for ministers was unconstitutional. Her basis for the ruling was that the law benefited religious people and no one else. The decision, which would potentially eliminate the most important tax break for ministers, was stayed pending appeal.

The law allows ministers of the gospel to exclude income tax on amounts designated by the church as housing allowance. Self-employment taxes are payable on these amounts. In addition, ministers may “double dip,” as they are allowed to deduct mortgage interest Read More

Written by John Stancil | Posted in Clergy • IRS • Religion • Tax Controversy • Tax Provision/Tax Reporting

11 Nov 2014

Potential Tax Changes Affecting Non-Profit Organizations

The Tax Reform Act of 2014 is currently in the House of Representatives. This law is a major reform effort and is almost 1,000 pages long. Congress is expected to take action on this proposal after the November elections. While it is often risky to speculate what changes Congress will enact, this proposal has several significant changes that will affect non-profit organizations. In a previous article (Potential Tax Changes Affecting Charitable Contributions) the proposed changes in regard to charitable contributions was discussed. This article deals with other changes that would affect non-profit organizations.

Excise Taxes

The proposed legislation would levy a one per cent excise tax on net investment income of Read More

Written by John Stancil | Posted in Non-Profit Tax

29 Oct 2014

Starting And Maintaining A Non-Profit Organization

Each year, more than 50,000 organizations apply to the IRS for tax exempt status. There are several steps involved in becoming tax exempt. Many do not realize that there is a difference in a non-profit organization and one that is tax exempt. Not all non-profit organizations hold tax-exempt status. According to IRS statistics, there were slightly over 189,000 returns filed in 2011 by tax-exempt organizations. However, the National Center for Charitable Statistics lists a total of 1,427,807 non-profit organizations. Obviously, many non-profits are not tax exempt, or at least, are failing to file a return.

Forming a Non-Profit Organization

The first step in forming a non-profit organization is to form a non-profit corporation. This involves filing an application with an appropriate official in the state in which the Read More

Written by John Stancil | Posted in Non-Profit Tax • Religion

22 Oct 2014

What Is A Church?

Churches occupy a distinct place in the tax code of the United States. They are tax exempt, but that is not where the uniqueness lies. Many types of charitable organizations are considered tax-exempt non-profit organizations. Most organizations wishing to obtain tax exempt status must first file Form 1023 (or the new Form 1023EZ) with the IRS, seeking approval as an IRS-qualified tax exempt organization. The unique aspect of a church is that qualifying as tax exempt is automatic if it meets the IRS definition of a 501(c)(3) organization:

1. The organization must be organized and operated exclusively for religious, charitable, scientific, or other charitable purpose.
2. Net earnings may not inure to the benefit of any private individual or shareholder. Read More

Written by John Stancil | Posted in Clergy • Religion

14 Oct 2014

Minister’s Housing Allowance Subject of Court Battles

The housing allowance is a significant tax benefit for a minister. It can result in thousands of dollars in tax savings annually. The law currently allows a minister to occupy a church-owned parsonage without paying income tax on the value of the accommodations. Alternatively, the church may designate an amount to be paid to the minister as housing allowance. This amount, when used for housing costs, is not subject to income tax. Both a parsonage and a housing allowance are subject to self-employment taxes.