
Sharonrose Cannistraci, Esq. &
Joshua Cantwell, CPA, MBA, CFM,
CMA
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TABLE OF
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CHAPTER I:
MISCONCEPTIONS ABOUT A CHURCH’S TAX-EXEMPT STATUS
CHAPTER II: AN INTRODUCTION TO FEDERAL TAX
EXEMPTION
Qualified Religious Organizations
Qualified Churches
Qualified Integrated Auxiliaries
Benefits of Recognition as a Qualified ‘Church’
CHAPTER III: QUALIFYING CRITERIA FOR TAX EXEMPT
STATUS
Churches Must Be ‘Organized Exclusively’ for
Religious or Other Exempt Purpose
Group Exemptions Where Parent Church or Affiliate
Fails to Qualify
Churches Must Be ‘Operated Exclusively’ for
Religious or Other Exempt Purposes
Churches Must Serve a Public Benefit
Churches May Not Confer a ‘Substantial’ Private
Economic Benefit
Churches May Not Engage in Unlawful Activities or
Violations of Public Policy
Churches Cannot Be Operated for a ‘Substantial’
Non-Exempt Purpose
No Part of a Church’s ‘Net Earnings’ May Inure to
the Benefit Insiders
Prohibition Against ‘Substantial’
Lobbying-Influencing Legislation
Absolute Prohibition Against Partisan Political
Campaign Activities
CHAPTER IV: FINANCIAL CONSEQUENCES OF DENIAL OR
LOSS OF EXEMPT STATUS
Financial Consequences to Church
Financial Consequences to Church Leaders
Financial Consequences to Contributors if Charitable
Deduction Disallowed
CHAPTER V: COMMON SLIP-UPS OF NEW CHURCHES AND
NON-DENOMINATIONAL CHURCHES
CHAPTER VI: CHURCH AUDIT TO DETERMINE TAX-EXEMPT
STATUS OR ASSESS TAXES
CHAPTER VII: STATUTE OF LIMITATIONS FOR
REVOCATION OF TAX-EXEMPTION AND UBIT ASSESSMENTS
CHAPTER VIII: ABUSE OF CLERGY HOUSING ALLOWANCE
Who Can Qualify? – Only a Qualified Minister of the
Gospel
What Compensation Can Qualify? – Compensation for
Ministry Services
How Much Compensation Can Qualify? – Only that which
is Reasonable
What Housing Expenditures Qualify? –Ordinary &
Reasonable Expenditures
Is the Housing Allowance Tax Free? – Not Necessarily
CHAPTER IX: MISCLASSIFICATION OF PASTOR’S
EMPLOYMENT STATUS
An Introduction to Clergy’s Dual Tax Status
Criteria for Employee or Self-Employed
Benefits to Employee Status For Ministers
CHAPTER X: UNREPORTED LOVE OFFERINGS AND GIFTS
Love Offerings: Taxable or Not?
CHAPTER XI: UNREPORTED PAYMENTS- 1099-MISC ISSUES
1099-MISC Reporting Requirement Defined
Common Pitfalls of 1099-MISC Reporting
Miscellaneous Issues
CHAPTER XII: IMPROPER USE OF BENEVOLENCE FUNDS
Benevolence Defined as Necessities of Life
Constructive Receipt & Benevolence Reporting
Requirements
Donor Deductibility Issues re Designated Gifts
CHAPTER XIII: FAILING TO REMIT PAYROLL TAXES
Church Leaders May Be Personally Liable for
Unpaid Payroll Taxes
Withholding Basics
Church Leaders Who Willfully Fail to Pay Payroll
Taxes May Be Penalized
CHAPTER XIV: VIOLATIONS OF IRS GUIDELINES–
EXPENSE REIMBURSEMENTS
Accountable Reimbursement Plan – The Basics
Returning Excess Reimbursements
Special Rules for Certain Expenses including Listed
Property
Special Rule For Mileage Reimbursements
CHAPTER XV: UNPAID UNRELATED BUSINESS INCOME
TAXES (UBIT)
Introduction to UBIT
UBIT Defined
Is Business Activity “Not Substantially Related” to
Exempt Purpose?
Is Activity a “Trade or Business”?
Is Activity “Regularly Carried On”?
Exclusions from UBIT
Conclusion To UBIT
CHAPTER XVI: PROTECTING YOUR CHURCH
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