What Churches Need to Know When Protests Disrupt Worship

What to know—and do—when protests enter your church: federal protections, trespassing laws, and steps pastors can take to stay in control.

Recent events in Minneapolis—where protesters and a journalist entered a church sanctuary during a worship gathering—have left many churches asking an uncomfortable question: What are our legal rights when a protest crosses the church doors?

One federal law often mentioned in these moments is the Freedom of Access to Clinic Entrances (FACE) Act. While originally aimed at protecting reproductive health facilities, the law can apply in religious contexts as well.

Here’s what pastors and church goers need to understand:


What the FACE Act Is—and Why Churches Should Care

The FACE Act is a federal law that prohibits the use of force, threat of force, or physical obstruction to intentionally interfere with people exercising certain protected activities.

Those protected activities include:

  • Obtaining or providing reproductive health services
  • Exercising the right to religious freedom at a place of worship

In short: the law can apply inside and outside church buildings, not just clinics.


When FACE May Be Triggered

The law does not prohibit protests or expressive activity by itself. It focuses on conduct.

Potential red flags include:

  • Physically blocking entrances or aisles
  • Interrupting or stopping a worship service
  • Using threats or intimidation toward congregants or clergy
  • Preventing people from entering or leaving the sanctuary

Whether a specific incident violates FACE depends on the facts of the situation—but churches are not legally powerless.

So, when does a person’s presence at a worship service turn into a trespass?

Church Law & Tax Attorney and Editor Matthew Branaugh explains that while churches are open and welcoming places when conducting regularly scheduled worship services, they are still private property and leaders have the right to ask someone to leave. 

“To determine whether someone has trespassed on private property, courts evaluate whether a property owner consented to the person’s presence,” he says. “By asking a disruptive person or group to leave, the church eliminates any doubt about consent.”

“Leaders should remain calm,” Branaugh adds, “and contact local law enforcement to ensure the situation does not escalate. Document the situation with video if it is safe to do so.” 

Leaders also should avoid physical contact when escorting trespassers off church property. 

“Avoiding touch as much as possible will eliminate any perceived (or real) provocation,” Branaugh says. 

Some states permit acts of self-defense when signs of imminent danger arise, but self-defense should only be a last resort. 

Some states also offer additional legal protections to houses of worship when it comes to protests and other disruptions. For instance, California, Florida, Ohio, and Oklahoma make it a crime to disrupt a religious meeting.


Addressing Recurring Problems

If a church faces repeated disruptions, it should consider taking additional actions to protect itself, Branaugh notes. 

He points to Wagenmaker & Oberly, a Chicago-based law firm serving churches and ministries (and co-founded by attorney Sally Wagenmaker, a senior editorial advisor for Church Law & Tax). The firm offers several steps for addressing a known or anticipated trespasser, including:

  • Issuing a written “no trespass” notice to the party (consult with qualified legal counsel who is familiar with local and state laws before doing so)
  • Contacting local law enforcement before services regarding ways to address disruptions, and possibly request additional patrol support during services
  • Seeking a court-issued restraining order

First Amendment Rights Go Both Ways

Protesters have speech rights—but churches have constitutional protections too.

A key point pastors often miss:

The First Amendment does not guarantee a right to disrupt worship on private property.

Churches generally retain the right to:

  • Control access to their buildings
  • Remove individuals who disrupt services
  • Call law enforcement when necessary

Want to dive deeper into religious freedom in the United States? Try our state-by-state survey of religious freedom laws.


Journalists Are Not Automatically Exempt

Being a member of the press does not override:

  • Private property rights
  • Trespass laws
  • Church authority to maintain order during worship

Also remember: Media presence does not turn a sanctuary into a public forum.


Even if no law is ultimately violated, the harm is real:

  • Worship disruption
  • Congregational fear
  • Pastoral distress
  • Escalating conflict

Churches that plan ahead are better positioned to respond calmly and lawfully.


What Pastors Should Do Next

This primer is only the starting point. Churches should:


Learn more and dive deeper into crisis management, protest response, and facility security—before the next disruption happens—with a Church Law & Tax membership.


The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Seven Things Many Pastors Don’t Know About Unrelated Business Income

What pastors need to know about UBIT, how it’s triggered, and why it can affect more than just federal income taxes.

Unrelated business income tax (UBIT)  is an income tax on the unrelated business income (UBI) of churches and other tax-exempt charities.

UBI generally is income from the operation of a trade or business that is regularly carried on. 


Seven things every pastor should understand about UBIT:

  • This isn’t about profit—it’s about activity.
    A church can owe UBIT even if an activity supports ministry goals or raises money for good causes. If the activity is a regular trade or business and not substantially related to the church’s exempt purpose, the Internal Revenue Service (IRS) may treat the income as taxable.
  • “Occasional” can still be considered regular.
    Repeated fundraisers, rentals, or sales—even if seasonal or part-time—may qualify as “regularly carried on.” Frequency and consistency matter more than intent.
  • Rent isn’t always tax-free.
    Rental income is often exempt, but not always. Providing services (cleaning, staffing, event setup) or renting debt-financed property can turn otherwise exempt rental income into taxable UBI.
  • Volunteers don’t automatically eliminate UBIT risk.
    Income may be exempt if substantially all the work is performed by volunteers—but that standard is higher than many churches assume. Involvement by a few paid staff can change the analysis.
  • Advertising is different from sponsorships.
    Selling ads (logos, promotions, calls to action) in a church publication or online can generate UBI. True sponsorships that simply acknowledge donors are usually not taxable—but the line between the two is easy to cross.
  • UBI can affect more than taxes.
    Too much unrelated business activity can raise red flags about whether the church is operating primarily for exempt purposes—especially if it becomes a major focus or revenue source. This can affect things like sales and property tax exemptions, for example.
  • IRS filings may be required.
    Churches are not required to file an annual Form 990 or the related Form 990-T. However, UBI over certain revenue thresholds can trigger filing requirements, penalties, and interest if ignored. Additional state-related requirements and filings also may emerge.

Bottom line for churches: UBI is highly fact-specific. Before starting new income activities—or assuming old ones are safe—church leaders should slow down, ask questions, and consult trusted tax guidance tailored to churches.


Clarity on church taxes starts with a Church Law & Tax annual membership. AI-assisted search, exclusive webinars, cohorts, expert analysis and tips—and a host of content trusted by church leaders for decades—all for pennies a day!


The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Webinar: Mastering the 2026 Tax Season with CPA Elaine Sommerville

Key updates for churches and clergy related to 2026 tax filing and readiness, including the affects of OBBBA, early-year tax filing requirements, and a whole lot more.

Charge ahead into the 2026 tax preparation season with this on-demand, members-only webinar hosted by Church Law & Tax and CPA Elaine Sommerville.

In the next hour, you’ll be read in to a wide array of crucial topics for navigating the upcoming tax season, from the effects of One Big Beautiful Bill Act (OBBBA) on churches and clergy, to February tax filing requirements and other beginning-of-year tasks, to tax considerations for individual ministers and clergy.

Meanwhile, “9 Things Church Law & Tax is Watching in 2026,” offers even more guidance from Church Law & Tax Attorney and Editor Matthew Branaugh.


Don’t wait! Join Church Law & Tax today and tap in to more than four decades’ of tax, legal, financial, abuse prevention, and risk management expertise.


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The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Nine Things Church Law & Tax is Watching in 2026

A quick scan of the legal, tax, employment, and religious liberty developments most likely to affect churches in 2026—and what leaders should do now.

Last Reviewed: January 21, 2026

1) Will churches get more leeway to support or oppose political candidates? 

We don’t know just yet.

The fate of a proposed statement from the Internal Revenue Service (IRS) regarding churches and their activities involving political candidates likely will get decided in 2026. 

The statement, included with a proposed settlement in a lawsuit against the IRS, suggests churches as tax-exempt entities should enjoy more latitude when it comes to supporting or opposing political candidates—a major departure from tax-exempt regulations in place for decades

The development caused controversy, and the federal judge in the case is mulling whether to approve the settlement. 

If he approves it, the IRS has already prioritized work in 2026 to revise its guidance.

2) The “church autonomy doctrine” expands. 

The long-standing “church autonomy doctrine” generally bars civil courts from resolving internal church disputes that involve faith and doctrine. 

It may further expand as a defense for churches after two recent federal court decisions. 

  • In October 2025, the US Court of Appeals for the Fifth Circuit said a lower court properly dismissed a lawsuit filed against a missions organization by its former executive director—and cited the doctrine as the reason. 
  • Separately, through an early January 2026 decision, the US Court of Appeals for the Ninth Circuit specifically recognized the doctrine as a defense in employment claims. The court said a Washington-based Christian ministry can apply the doctrine to justify employment decisions it makes for nonministerial employees when they are based solely upon religious beliefs. 

3) Changes to the US Postal Service (USPS) postmarking processes. 

A few weeks ago USPS changed the way it postmarks first-class mail—significantly affecting postmark-dependent legal- and tax-related matters.

According to USPS, postmarking now will be handled by regional offices, not local ones, which will delay postmark dates. 

This is critically important for church leaders. 

Postmarks are used to determine whether legal filings and correspondences are made on time. 

Additionally, the Internal Revenue Code contains a “mailbox rule” that relies upon postmarks for determining timely filings and compliance. 

Later postmark dates can affect anything ranging from court filings, to IRS reporting requirements, to donor checks sent around the end of the calendar year. 

Church leaders should consider using certified mail, requesting manual postmarks at the local USPS office, or possibly securing alternative mail services to ensure timely postmarks. 

4) More clarity about the One Big Beautiful Bill Act (OBBBA). 

The IRS is prioritizing guidance and updates for OBBBA-related items in 2026. 

That includes reporting tips and overtime wages, excess compensation paid by tax-exempt entities, and more. 


STAY INFORMED. The 2026 Tax Prep Guide for Churches & Clergy covers all OBBBA-related developments affecting churches, clergy, and employees. The online Church & Clergy Tax Guide has been updated—and will remain updated as changes unfold throughout 2026. Get access to it all today as an Advantage Member, along with our annual early-year, on-demand webinar with CPA Elaine Sommerville.


5) Continued shaping of the “ministerial exception.” 

The “ministerial exception,” a subset of the church autonomy doctrine, also continues to evolve since the US Supreme Court’s unanimous 2012 decision recognizing it. This doctrine, based upon the First Amendment, allows houses of worship to hire and fire ministers without interference from civil courts. Key decisions last year continued to shape it—setting the stage for more in 2026. 

In 2025, New York’s highest court said the doctrine applied to a religious school teacher fired for a blog post she published, while a lower-level New York court said the ministerial exception did not apply to hostile work environment claims brought by teachers against a Catholic school and its principal. 

Elsewhere, a Louisiana federal district court used the doctrine to dismiss a priest’s discrimination and defamation claims.


WATCH: Learn more from Matthew Branaugh, attorney and editor for Church Law & Tax, about the ministerial exception


6) Worker classifications. 

Churches must make sure they properly classify individuals as employees or independent contractors—or else face hefty penalties. Several cases decided last year, including one involving the ride-sharing app Lyft, revealed how expensive misclassifications can run. Lyft paid the state of New Jersey nearly $20 million after misclassifying 100,000 people as independent contractors.

7) Payroll tax compliance. 

Churches must verify payroll taxes are correctly paid, whether directly or through a third-party payroll service, or face significant liability (see “Employment Taxes” in our online Legal Library). 

A former certified public accountant from Texas was found guilty of payroll tax fraud in 2025 after withholding taxes from employee wages, but never paying them to the IRS, according to Thomson Reuters

Remember, churches must withhold income, Social Security, and Medicare taxes from employees’ wages, but do not withhold Social Security or Medicare taxes from ministerial wages.

8) Substantiating noncash donations remains crucial. 

A recent US Tax Court decision denied a couple’s ability to deduct nearly $200,000 in noncash charitable contributions, largely because they did not provide substantiation regarding how, when, and at what value they acquired the personal property—and the person they used to appraise the property’s value when they donated it did not meet statutory and regulatory requirements for an appraiser.


LEARN MORE: Advantage Members have access to the onlineChurch & Clergy Tax Guide, which goes deeper into noncash charitable contributions, including substantiation requirements and the required IRS form to complete.


9) Religious freedom issues persist.

Religious freedom issues continue to spring up locally and nationally. These recent headlines illustrate how:

Church Law & Tax will track these issues—and many more—throughout 2026. Be sure to sign up for the free weekly e-newsletter to keep up.

Or, become a member today and enjoy our slate of webinars, including our annual early-bird webinar featuring expert advice and insights on 2026 tax readiness with CPA Elaine Sommerville.

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Matthew Branaugh is an attorney and editor for Church Law & Tax.

IRS Approves Mileage Rates for Business Use in 2026

The IRS approved a 2.5-cent bump in standard mileage rates for 2026. Meanwhile, the 14 cent rate for miles driven in service of charitable organizations remains the same.

Last Reviewed: January 7, 2026

The Internal Revenue Service (IRS) has released the 2026 optional standard mileage rates. Use them to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.


The 2026 Tax Prep Guide for Churches and Clergy is updated and ready to download! Get your copy today!


Effective January 1, 2026, the rates are:

  • 72.5 cents per mile driven for business use (up 2.5 cents from the 2025 rate).
  • 20.5 cents per mile driven for medical or moving purposes for certain members of the Armed Forces and Intelligence community (a half-cent down from the 2025 rate).
  • 14 cents per mile driven in service of charitable organizations (it takes an act of Congress to change this rate).

Note: The rates apply to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles.


Don’t wait! Start 2026 on a good footing with a Church Law & Tax Advantage Membership and gain access to AI-assisted search and content surfacing, exclusive cohorts, webinars, product discounts, and more, including full access to trusted content from our trusted team of legal, tax, finance, HR and technology advisors.


Limitations created under Tax Cuts and Jobs Act of 2017 made permanent under One Big Beautiful Bill Act (OBBBA)

Under the Tax Cuts and Jobs Act of 2017 and now under OBBBA, taxpayers cannot:

  • claim a miscellaneous itemized deduction for unreimbursed employee travel expenses and,
  • cannot claim a deduction for moving expenses, unless they are members of the Armed Forces on active duty moving under orders to a permanent change of station. See Moving Expenses for Members of the Armed Forces for more details

Taxpayers can calculate the actual costs of using their vehicle rather than using the standard mileage rates. Taxpayers can usually only use the standard mileage rate in the first year a car is available for business use. In later years, taxpayers can choose either the standard mileage rate or actual expenses.

Leased vehicles must use the standard mileage rate method for the entire lease period (including renewals). This applies if the standard mileage rate is chosen.

What does the business mileage rate increase mean for churches?

Increased amounts of reimbursement represent increased budget expenses, and that means adjusting budgets in ways that affect other ministry spending.

Conversely, eliminating or reducing reimbursements shifts the burden to pastors and employees using personalvehicles for church-related business.

Note: Unreimbursed employee business expenses are not deductible under the Tax Cuts and Jobs Act of 2017 (the “Act”) and OBBBA made this permanent. As a result, pastors and employees with unreimbursed mileage cannot seek tax relief on next year’s federal income tax returns.

You may also want read through this Q&A with CPA and Church Law & Tax Senior Editorial Advisor Michael Batts.

One final note:

Churches with an accountable reimbursement arrangement can reimburse eligible employees who use their vehicles for church-related business. Employees and pastors must properly track and document their business miles under these arrangements.

Unreimbursed employee business expenses are not deductible. Therefore, employees can no longer calculate a mileage deduction on their annual tax returns.

 

The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.
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Federal Tax Law Changes Churches and Clergy Must Know for 2025–2026

A major new law—the One Big Beautiful Bill Act—plus court rulings and IRS actions brought 50 federal tax developments that churches and clergy need to track for 2025 tax returns and 2026 compliance. This overview highlights a portion of that list.

Numerous developments and updates related to tax law emerged in 2025, but none more impactful than a major legislation passed by Congress mid-year affecting the tax reporting by both churches and church staff for 2025 and future years: The One Big Beautiful Bill Act (OBBBA).

All told, 50 developments and changes should be noted by churches and clergy for 2025 federal tax returns and 2026 year-round compliance. 

We’ve highlighted the first five here.

The rest are available in Church Law & Tax’s downloadable resource, 2026 Tax Prep Guide For Churches & Clergy, available for $69.95 and offered free of charge to our Advantage Members.


Highlight 1: 1099 threshold increase

Forms 1099-MISC/1099-NEC filing threshold rises from $600 to $2,000, effective for payments made after December 31, 2025, with inflation adjustments starting in 2027—reducing future Form 1099 volume for churches.

Highlight 2: Non-itemizer charitable deduction returns

Starting 2026, a permanent deduction for cash gifts allows up to $1,000 (single) or $2,000 (married filing jointly) for non-itemizers, limited to qualified charities (not donor-advised funds or supporting organizations).

Highlight 3: 0.5% Adjusted Gross Income (AGI) floor for itemized charitable gifts

Beginning January 1, 2026, itemizers may deduct only charitable contributions above 0.5% of AGI (e.g., $100,000 AGI → first $500 not deductible).

TIP: Donors who itemize may wish to consider a “bunching” strategy for 2026 and beyond. This means bunching multiple years’ giving into one year to exceed the 0.5% AGI floor, then using the standard deduction in other years.

Highlight 4: Extensions of increased Child Tax Credit and other dependent credit

After December 31, 2025, the Child Tax Credit was set to decrease to $1,000 per qualifying child under age 17, and fewer American families would qualify for the credit as the income phase-out levels returned to much lower thresholds. Similarly, the nonrefundable Other Dependent Credit—$500 for older children or adults who are unable to care for themselves—was also set to expire.

OBBBA provides a child tax credit of $2,200 per child for 2025 and adjusts it annually for inflation starting in 2026. Phaseout thresholds for 2025 and 2026 are $200,000 for single filers and $400,000 for married filing jointly. A taxpayer (or spouse, if married filing jointly) must provide a Social Security number, along with the child’s Social Security number.

The nonrefundable Other Dependent Credit is also made permanent, although it will not adjust annually for inflation.

Highlight 5: Termination of deduction for personal exemptions and the addition of an enhanced deduction for seniors

Under prior law, the deduction for personal exemptions was set to return after December 31, 2025. The deduction for personal exemptions is permanently eliminated. However, a temporary deduction for tax years 2025 through 2028 for seniors (age 65 or older) of $6,000 per eligible filer, regardless of whether they are itemizers or non-itemizers is now available. The deduction is available to taxpayers with a modified adjusted gross income that does not exceed $75,000 for single filers ($150,000 for married filing jointly). This deduction expires after 2028 unless extended by Congress.


Again, our complete list is available in Church Law & Tax’s downloadable resource, 2026 Tax Prep Guide For Churches & Clergy, available for $69.95 and offered free of charge to our Advantage Members.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Beware the Holiday ‘Overpay-and-Refund’ Scam

A holiday-weekend “mistake donation” turned into a costly scam for one church when a fraudulent donor pressured staff into issuing a partial refund before the original gift cleared.

Not all generosity is genuine. 

When someone donated $2,000 online to a church on a holiday weekend, the donor soon after contacted the church and claimed the donation should only have been $20.


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They demanded a refund of the difference.

Exploiting trust, timing, and natural helpfulness

It all happened at an inconvenient time.. The church office was closed for the holiday. 

So, rather than wait, the individual began contacting various church staff members directly, hoping someone would bypass normal protocols and issue the refund. 

This put undue pressure on the team, especially those not involved in the church’s finances.

And because the online gift had been made but had not yet been cleared, someone at the church approved the $1,880 refund. 

Days later, the original online payment failed to clear. The church lost the refunded amount. 

And they weren’t alone. They were one of several victims of a larger scam that exploited trust, timing, and the natural responsiveness of ministry teams.

The person behind the scam went to federal prison for a pattern of similar fraudulent activity across multiple organizations. 

While justice was ultimately served, the experience offers valuable lessons for churches.

Churches make easy targets

Churches are often targets for financial manipulation. Their culture of trust and generosity, combined with decentralized communication across ministry teams, can create opportunities for bad actors. 

Holidays and weekends increase this vulnerability when financial staff are unavailable and the pressure to respond quickly is high.

How your church can protect itself

To protect churches from similar incidents, the following safeguards are recommended:

  1. Do not issue refunds until the funds have fully cleared. Even when the story sounds credible, timing is critical. Waiting protects both the church and the donor. Even if the money has cleared, issue the refund the same way the gift was made to the same card or bank account as the gift.  Restrict financial transactions to designated personnel. Staff outside the finance team should not handle giving corrections, refunds, or check verifications. All such requests should be redirected appropriately.
  2. Avoid processing financial changes outside of office hours. Set clear boundaries around when and how financial matters can be addressed. Emergencies are rare and should be treated with caution.
  3. Educate your team on manipulation tactics. Scammers often use urgency, emotional pressure, and multiple contact points to bypass safeguards. Training your staff to recognize these signs is an essential part of financial stewardship.
  4. Implement a response protocol for holiday weekends. If donor services must remain available during closures, assign one trained person with clear limits and accountability to handle inquiries.

Stewardship is not only about handling resources wisely. 

It is also about building systems that honor integrity, protect staff, and preserve trust. 

Even a single incident of fraud can impact morale, operations, and the public witness of a congregation. By holding financial boundaries with compassion and strength, churches safeguard not just their accounts–they safeguard their calling.

Tim Samuel is a CPA and the chief financial officer of Bridgeway Community Church, a nondenominational, multicultural church in Columbia, Maryland, that draws more than 4,000 people each week.

On-Demand Webinar: Ending 2025 Well for Church Leaders

This exclusive webinar with CPA and Tax Attorney Ted Batson is perfect for church leaders wanting guidance on end-of-year tasks and responsibilities.

Church Law & Tax and CPA and Tax Attorney Ted Batson came together to offer Advantage Members guidance on end-of-year tasks every church leader should stay on top of.

This webinar will walk you through some of the key to-do items to help ensure you end 2025 well, and start 2026 off on the right foot.


Remember, as an Advantage member, you receive more than just on-demand webinar access—you get exclusive access to the 2026 Tax Prep Guide for Churches and Clergy. This resource is trusted by thousands of pastors, treasurers, and church administrators nationwide.

Other perks of your membership include:

📚 The searchable Church & Clergy Tax Guide

🤖 AI-powered site search for fast, reliable answers

📊 2026 Digital Tax Prep Guide included with your membership when it’s released.

This is the kind of support that keeps your ministry compliant, confident, and focused on what matters most: your people.

Don’t wait until the next tax deadline is around the corner. Prepare now—and lead with confidence.

In service,

The Church Law & Tax Team


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The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Housing Allowance Resolution for Pastors

A housing allowance is a the most important tax benefit for pastors. Use this resolution to help set a housing allowance for pastors in 2026.

Last Reviewed: November 3, 2025

Church boards can use the language below to create a resolution for a housing allowance. Use it for pastors who own or rent a home.


Important note: A resolution can only be applied prospectively. It can never be applied retroactively.

For a church to have a housing allowance resolution in place for a specific calendar year, it needs to adopt it by December 31 of the previous year. A resolution can be adopted after the start of a new calendar year, but it only applies from the date of the adoption and going forward.


Sample housing allowance resolution for pastors

The following resolution was duly adopted by the board of directors of [Name of Church] at a regularly scheduled meeting held on [Day, Month, Year], a quorum being present:

Whereas, ministers who own or rent their home do not pay federal income taxes on the amount of their compensation that their employing church designates in advance as a housing allowance, to the extent that the allowance represents compensation for ministerial services, is used to pay housing expenses, and does not exceed the fair rental value of the home (furnished, plus utilities); and

Whereas, Pastor [First and Last Name] is compensated by [Name of Church] exclusively for services as a minister of the gospel; and

Whereas, [Name of Church] does not provide Pastor [First and Last Name] with a parsonage; therefore, it is hereby

Resolved, that the total compensation paid to Pastor [First and Last Name] for calendar year 2026 shall be [$_____], of which [$_____] is hereby designated to be a housing allowance; and it is further

Resolved, that the designation of [$_____] as a housing allowance shall apply to calendar year 2026 and all future years unless otherwise provided.

Find quick tips for setting a housing allowance in “Designating a Housing Allowance for 2026.” For detailed information on the parsonages and housing allowances, see chapter 6 in the annual Church & Clergy Tax Guide.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Designating a Housing Allowance for 2026

Designating a housing allowance is a critical part of every church’s pastoral compensation package and a key tax benefit for pastors.

Last Reviewed: November 4, 2025

The housing allowance is the most important tax benefit available to ministers.

But many ministers do not take full advantage of it because they (or their tax adviser or church board) are not familiar with the rules.

What can church leaders do to help? Consider the following guidance.

Designating a housing allowance for ministers in church-owned parsonages

Ministers who live in a church-provided parsonage or manse can exclude from their income for federal income tax reporting purposes (1) the fair rental value of the parsonage, and (2) the portion of their compensation designated in advance by the church as a “parsonage allowance”—to the extent that it is used to pay for parsonage-related expenses such as utilities, repairs, and furnishings and does not exceed the fair rental value of the home (furnished, plus utilities).

Recommendation. If your pastor lives in a church-provided parsonage or manse, and incurs any out-of-pocket expenses living there (for example, for utilities or furnishings), then have the church designate a portion of the pastor’s 2026compensation as a “parsonage allowance.” This should be done in December 2025 so that it will be effective for all of 2026. Parsonage allowances cannot be designated retroactively.

Example. Your youth pastor lives in a church-provided parsonage. He is expected to pay his utilities and provide his furniture. His compensation for 2026 will be $35,000. In its December 2025 meeting, the church board designates $3,000 of this amount as a “parsonage allowance.” The youth pastor has parsonage expenses of at least $3,000 in 2026 (for utilities and furnishings). At the end of the year, the church treasurer issues the youth pastor a W-2 reporting only $32,000 as church compensation. The parsonage allowance is not taxable (assuming that it was used for parsonage expenses) for income tax reporting purposes.


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Designating a housing allowance for ministers who own their home

Many ministers own their homes. The portion of their compensation that is designated in advance by the church as a “housing allowance” is not subject to income tax to the extent it is used for housing expenses and does not exceed the home’s annual fair rental value (furnished, plus utilities).

Recommendation. If your pastor owns a home, have the church designate a portion of the pastor’s 2026 compensation as a housing allowance. This action should be taken in December 2025 so that it will be effective for all of 2026. Housing allowances cannot be designated retroactively.


Tip: Use our “Sample Housing Allowance Resolution for Pastors


Key question. Who should designate the housing allowance? In most churches, it will be the governing board. But this is not always the case. Some church boards delegate this authority (and other compensation decisions) to a personnel or compensation committee. In other churches, the membership approves all compensation decisions at the annual business meeting. Whichever method your church uses, be sure that the allowance is designated in advance, and that the action is in writing.

Designation a housing allowance for ministers who rent a home

Many ministers rent their homes. The Apostle Paul did for a brief time during his ministry. Acts 28:30 states that “for two whole years, Paul stayed there in his own rented house.” Perhaps your minister is renting a home or apartment. If so, you should understand that the portion of your minister’s compensation that is designated in advance by the church as a housing or rental allowance is not subject to income tax to the extent that it is used for rental expenses and does not exceed the fair rental value of the home (furnished, plus utilities). See the above recommendations and tips for ministers who own their homes.

Determining the amount of the allowance

How does your church determine the appropriate amount for a parsonage, housing, or rental allowance? A common practice is for churches to provide their pastor with an “estimated expense form” prior to the end of the year. The pastor estimates likely expenses for the following year on this form, and returns it to the board or other body that designates housing allowances. The allowance is based on the pastor’s estimated expenses.

Tip. Sample expense forms are reproduced at the end of chapter 6 in the annual Church & Clergy Tax Guide. There are separate forms for computing parsonage allowances, housing allowances, and rental allowances. This is a simple and convenient way for your church to designate an appropriate allowance.

Tip. Your church should not be too conservative in designating a housing allowance. The pastor cannot exclude from taxable income an amount more than the church-designated allowance. So, your church may want to designate an allowance in excess of a pastor’s estimated housing expenses for the new year.

Tax reporting

Most churches reduce the pastor’s W-2 by the amount the church designated as a housing allowance. But remember that the allowance is not necessarily nontaxable for income tax reporting purposes. For ministers who own or rent their home, the allowance is nontaxable only to the extent that it does not exceed actual housing expenses or the annual rental value of the home (furnished, plus utilities). It is the minister’s responsibility to report any excess housing allowance as taxable income on his or her tax return.

IRS Publication 517 states:

You must include in gross income the amount of any [housing, rental, or parsonage] allowance that is more than the smallest of

  • Your reasonable salary,
  • The fair rental value of the home plus utilities, or
  • The amount actually used to provide a home.

Include this amount in the total on Form 1040, line 1. On the dotted line next to line 1, enter “Excess allowance” and the amount.

Example. At the end of 2024, a church board determined that Pastor T’s compensation for 2025 would be $50,000. It designated $20,000 of this amount as a housing allowance. At the end of the year the church treasurer issues Pastor T a W-2 that reports taxable income of $30,000 (salary less housing allowance). However, Pastor T only has $17,000 of housing expenses in 2025. As a result, taxable income is understated on his W-2 by $3,000. It is Pastor T’s responsibility to report this $3,000 as additional income on line 7a of Form 1040.

Church treasurers should be sure that their pastor is aware of this reporting responsibility. Many pastors erroneously assume that they can reduce their taxable income by the full amount of the church-designated housing allowance. This will be true only if the allowance is less than the pastor’s actual housing expenses and the annual rental value of the home (including utilities).

Amending the housing allowance

What if the housing allowance designated for your pastor turns out to be too low? For example, the pastor has to pay for unanticipated home repairs, or begins to prepay part of the home mortgage loan. Can the church amend the pastor’s housing allowance? Yes it can, but note that the amendment only operates prospectively—from the date of the amendment forward.

For detailed information on the parsonages and housing allowances, see chapter 6 in the annual Church & Clergy Tax Guide.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Webinar: Church Fraud—What to Know and How to Prevent It

Join Church Law & Tax and Senior Editorial Advisor Vonna Laue, CPA, for this insightful look at how church leaders can spot and prevent church fraud.

Church Law & Tax and CPA Vonna Laue, a Church Law & Tax senior editorial advisor, partnered for a webinar on practical, low-cost ways to prevent fraud.

As leaders, it’s your responsibility to protect your congregation and close off opportunities for misuse. This one-hour session is well worth the time invested! 

This webinar will teach you what to watch for, what to start and stop doing, as you work to ensure your financial house stays in order.


When you become a Church Law & Tax member, you’ll receive more than just on-demand webinar access—you get exclusive access to the 2026 Tax Prep Guide for Churches and Clergy. This resource is trusted by thousands of pastors, treasurers, and church administrators nationwide.

Here’s what membership unlocks for you:

📚 The entire Church Law & Tax legal library

🤖 AI-powered search (coming soon!) for fast, reliable answers

📊 2026 Digital Tax Prep Guide included with your membership when it’s released.

This is the kind of support that keeps your ministry compliant, confident, and focused on what matters most: your people.

Don’t wait until the next tax deadline is around the corner. Prepare now—and lead with confidence.

In service,

The Church Law & Tax Team


Download Vonna’s deck:

Watch the on-demand webinar:

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The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Webinar: Navigating Church Management Software (ChMS) with guest Jonathan Smith

Church Law & Tax brought in church IT professional Jonathan Smith to share key insights for church leaders on choosing the right church management software package.

For church leaders, managing finances, taxes, and administrative work is not a sprint, it’s a marathon. To get it right, you need to have the right tools.

It’s why selecting the right church management software (ChMS) is so important. But where do you begin? Which is the best choice? It’s enough to overwhelm even the most technically savvy church leader.

We’re here to help. Church IT pro and Church Law & Tax contributor Jonathan Smith agreed to spend about an hour with us navigating the key questions around ChMS every church leader should be asking.

This on-demand webinar for Church Law & Tax members will leave you feeling empowered to make the right decisions.


When you become a Church Law & Tax member, you’ll receive more than just on-demand webinar access—you get exclusive access to the 2026 Tax Prep Guide for Churches and Clergy. This resource is trusted by thousands of pastors, treasurers, and church administrators nationwide.

Here’s what membership unlocks for you:

📚 The entire Church Law & Tax legal library

🤖 AI-powered search (coming soon!) for fast, reliable answers

📊 2026 Digital Tax Prep Guide included with your membership when it’s released.

This is the kind of support that keeps your ministry compliant, confident, and focused on what matters most: your people.

Don’t wait until the next tax deadline is around the corner. Prepare now—and lead with confidence.

In service,

The Church Law & Tax Team


Download the slides and watch:

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The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Is Your Housing Allowance Process Up to Speed?

This housing allowance checklist for pastors and church leaders will ensure your church stays on track when taking advantage of this important tax exclusion.

Setting a housing allowance is one of the most valuable tax benefits available to ministers, but it is also one of the most misunderstood.

Done properly, a housing allowance empowers pastors to exclude certain housing-related expenses from their taxable income—which reduces their overall tax burden.

But if handled improperly, a housing allowance can expose churches and pastors to unnecessary financial and legal risk.

The IRS requires churches to designate a housing allowance in advance and to document it clearly.


Why Wait? Join Church Law & Tax Today and Start Leading Your Ministry With Greater Confidence!


It cannot be applied retroactively, and it must be based on a reasonable estimate of the pastor’s actual housing costs.

While the church plays a critical role in approving and recording the allowance, the responsibility for tracking expenses and staying within IRS limits ultimately rests with the pastor.

Since compliance is so important, church leaders should approach the housing allowance process with care. Each year, boards should review and approve designations, communicate them in writing, and ensure the treasurer knows how to report them correctly.

It’s why we’ve created this downloadable checklist for churches and pastors looking to set and manage a housing allowance.


Download our free Housing Allowance Checklist:

The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Series: Financial Transparency for Churches

3 financial warning signs your church shouldn’t ignore.

This free article is offered as an introduction to our three-part series for members on financial transparency for churches by Church Law & Tax Contributing Editor Tim Samuel.


Churches run on trust. 

We trust our pastors to lead. We trust our volunteers to serve. And we trust the people handling the money to do it well. 

However, trust alone is not enough. 

Churches also need intentional, basic systems that protect that trust. 

These systems are called internal controls, and they help make sure the church’s finances are managed with integrity.


Lead your church with confidence. Join Church Law & Tax today!


Most financial problems in churches don’t start with bad people. They start with unclear roles, missing steps, or assumptions that someone else is probably checking. Over time, those gaps create risk. 

That’s why recognizing the signs of financial problems is so critical.

So, what are  ‘internal controls’?

Internal controls are the habits and guardrails that help a church handle its money wisely. They answer questions like:

  • Who counts the offering?
  • Who signs the checks?
  • Who reconciles the bank account?
  • Who reviews the reports?

When those tasks are clearly divided and regularly reviewed, they create a financial culture of accountability. 

When they’re all handled by one person, or when no one is really paying attention, problems can hide. Even churches that have never had a theft or a scandal can still be at risk for confusion, misreporting, or avoidable loss.

Let’s look at three red flags. You don’t need formal training to spot them, but you do need eyes to see—and the courage to keep looking.

Red Flag Number 1: One person does all the money jobs.

In some churches, one person does everything that has to do with money. 

They count the offering, take the money to the bank, and enter the numbers in the computer. They also write the checks and look at the bank account. They make the monthly reports and give updates to the board.

At first, this might seem like a good idea. Maybe the person is very trustworthy and has been doing it for years. 

Maybe they’re the only one who knows how the system works or the church only has money to hire one person to do the tasks. 

However, when one person does all the work, it becomes a big problem because no one else is watching what they do.

Even kind and honest people can make mistakes. They might forget to record something and they could enter a number wrong. They might miss something important because they are tired or busy. When no one checks their work, those mistakes can go on for a long time.

Sometimes, the problem is more serious. Someone might feel pressure at home, like a job loss or bills they can’t pay. If they’re the only one handling the money, they might take some, thinking they’ll return it later. Since no one else is looking, they don’t return the money, and no one knows the money is missing until it’s too late.

But even if nothing bad happens, it’s unfair to lay the church’s financial pressures on just one person. If something does go wrong, they’ll be the one blamed. 

A better system shares the work, and at least one other person should be helping and checking the records.

Church Law & Tax offers real examples of how to do this in Strengthening Internal Controls for Churches: Key Steps and Risks

Red Flag Number 2: The numbers don’t make sense, and no one can explain why.

When budget reports are unclear, late, or don’t match what people expect, that’s a red flag. 

It doesn’t always mean someone is doing something wrong. But it does mean the system is weak.

If questions like “Why did this expense change?” or “How much have we actually spent this year?” lead to confusion or silence, that’s a sign the reports aren’t helping. 

Good reports bring clarity and bad ones create confusion.

Another sign that something may be wrong is a church reporting a budget surplus year after year while seeing its cash balance shrink. On paper, it appears that the church is doing well. The income is greater than the expenses, so the budget shows a positive result. However, the actual amount of money in the bank keeps going down.

This decline is not because the church is investing in property, paying off loans, or building up other long-term assets. Instead, the cash is quietly disappearing, and no one seems to notice. 

This happens when reports are built to match the budget instead of showing the real movement of money. 

In some cases, it may mean that unpaid bills are piling up, or that designated funds are being used without being properly tracked.

The problem is harder to spot when financial terms like “in the black” are used without explanation. That phrase sounds positive, even when it is misleading. 

A healthy church financial system does not just look at whether the budget is balanced. It also asks, Is our cash growing or shrinking? and Do our reports match our real financial position?

Dig deeper: Communicating Key Financial Information to Church Boards, Committees

Red Flag Number 3: People resist outside review, even when it would help.

Sometimes, churches don’t want anyone from the outside to look at their finances. They might say, “We’ve got it covered,” or “We don’t need help.” It can be a sign of hesitation, fear, pride, or a culture that doesn’t welcome questions.

Healthy churches are not afraid to be checked. They understand that a second set of eyes brings protection, not punishment. Outside reviews help build trust. They can also spot things that were missed. 

A full audit by a professional can be expensive, but even small reviews by board members or trusted volunteers can be helpful.

Still, you get what you pay for. 

Quick or casual reviews may not catch everything. For example, if the church uses paper records and no one compares them to the actual bank account, someone could fake the numbers. They could print a report that looks real, but hides the truth. If no one checks the bank’s website directly, they might never know.

Even honest systems need outside review. Not to catch bad people, but to protect good ones and keep the process clean. 

Have you spotted one or more of these red flags?

Asking the right questions is a good start, but in many churches, it is not going to be enough

If you’re not on the finance team, the answer you get might be vague, overly confident, or not fully true. 

Or, the culture may not welcome real questions or they may not even know what they are saying. Therefore, before asking questions seek clarity, context, and cover.

  • Clarity means knowing what a healthy system actually looks like. That way, you’re not guessing. You’re comparing. 
  • Context means understanding your role. You may not have the authority to dig deep, but you can raise concerns through the right channels. That might be a board member you trust or a leader who can ask harder questions on your behalf.
  • Cover means bringing it up in a way that won’t isolate you. You might say, I was reading this article from Church Law & Tax about internal controls. It made me wonder if we’ve ever done a review like that. When you reference an outside source, it takes pressure off you and shifts the focus to shared learning.

You may not be able to fix the system but you can tell the truth about what you see. 

Do it with wisdom, not fear. Sometimes a church has money problems, and no one notices for a long time. It might not look like anything is wrong. The budget might say the church is doing fine. The reports might show the numbers are in the black. But behind the scenes, something could still be off.

This does not mean someone is doing something bad. It might just mean the system is too quiet. No one is asking questions. No one is checking the work. People are trusting each other, but they are not checking the process.

You do not have to fix everything right away. But you can start by paying attention. 

Look for what feels off. Notice what is missing. You are not being difficult. You are being careful.

That is part of what it means to care for a church.

Tim Samuel is a CPA and the chief financial officer of Bridgeway Community Church, a nondenominational, multicultural church in Columbia, Maryland, that draws more than 4,000 people each week.

Part 3 of 3: When Church Financial Reports Don’t Tell the Truth

When financial reports show a surplus but the bank balance says otherwise, something’s off. Here’s how churches can build honest, readable reports that lead to trust.

Part 1 of 3: Why Every Church Needs Financial Oversight—Even When Trust Is High
Part 2 of 3: When One Person Handles the Money: How Churches Can Prevent Financial Risk


Church financial reports should provide clarity, not confusion. 

Yet in many churches, the numbers shown in monthly reports do not reflect financial reality. 

The budget may show a surplus, but cash feels tight. 

The giving reports may look stable, yet expenses are outpacing income. 

Leadership teams may feel unsettled, while the board quietly wonders if anyone understands what is going on. 

These moments are not just technical issues. They are signals that something deeper needs attention.

Most churches rely heavily on trust. That trust is spiritual, relational, and often well-placed. 

However, when financial systems are built only on trust and not supported by structure, that trust becomes vulnerable. 

Financial confusion does not usually begin with fraud. 

It starts with a missing system, a lack of financial training, or assumptions that go untested. 

These situations are not malicious, but they are risky. They lead to decisions based on a picture that is incomplete or misleading.

Every church needs a reporting system that helps leaders understand what the numbers mean, what questions to ask, and how to act on what they see.

Start with the truth

The first step toward financial clarity is facing what is actually happening today. 

That means pulling the last three to six months of financial reports and comparing them directly to the church’s actual bank balances. 

If the reports show a surplus but cash is shrinking, then the system is hiding something important. 


Strengthen your church’s financial integrity with Learn more about internal controls and ways to segregate duties through, “Safeguarding Your Church’s Finances,” an online training program from Church Law & Tax. Learn practical strategies for internal controls and effective ways to segregate duties.


Many churches unintentionally mix restricted and unrestricted funds, leading to an inaccurate cash picture. Others rely on budget-versus-actual reports without looking at cash flow, which can hide the reality of overspending or under-giving.

Stabilizing the system begins by checking whether restricted funds are being tracked separately, whether reconciliations are happening monthly, and whether someone besides the bookkeeper is reviewing them. If any of these steps are missing, then the financial foundation is not as solid as it appears.

Create a consistent reporting process

Once the current picture is clear, the next step is to design a process that provides reliable, readable, and consistent financial reports.

Most board members are not accountants. They should not be expected to decode vague spreadsheets or overly complex financial statements. 

Reports should include a short narrative that summarizes key insights in clear language. 

A simple paragraph can explain trends in giving, changes in expenses, and any red flags that require attention.

A monthly report will include giving totals, expense breakdowns, and any anomalies. Along with the numbers, a simple paragraph like this can help key leaders immediately understand what happened last month:

“Total giving came in at $82,500 around $4,000 below our monthly average. Expense tracked as expected, except for a $20,000 HVAC repair. No urgent concerns, but cash reserves dipped slightly, and we’ll keep an eye on trends if giving stays flat next month.”

This type of explanation brings context to the numbers without requiring leaders to dig through spreadsheets.

The goal is not more data. The goal is shared understanding.

Make financial clarity a leadership culture

Once the reports are standardized, the focus shifts to building financial literacy across the leadership team. 

This is not about turning pastors into CPAs. 

It is about helping key leaders understand what the numbers mean and how their roles affect the church’s financial health. 

They understand by engaging with real-time data, asking better questions in planning meetings, and seeing how their decisions shape the church’s financial story.

When ministry leaders can read their budgets, understand their impact on cash flow, and spot areas of concern early, the entire system becomes stronger.

For example, during an outreach planning meeting, a team might dream about expanding a food distribution program. They may want to feed more families, open additional pickup sites, or move to weekly deliveries. Adding financial insight to the conversation doesn’t slow the vision. It makes the vision stronger. Understanding the cost of refrigeration, electricity, delivery vans, and staffing allows teams to scale with confidence, not guesswork.

Financial clarity turns great ideas into sustainable ministry.

Oversight should also be shared. No one person should control all the reporting, approvals, and reconciliation. Roles should be distributed, and team members should be rotated over time to avoid bottlenecks or blind spots.

Build long-term financial integrity

Once the church has stabilized its financial systems, created consistent reports, and trained its leadership, the final step is to make sure the structure lasts. 

Good systems are not one-time fixes. They must be maintained, reviewed, and adjusted as the church grows and changes. 

This means scheduling an annual financial review, even if it is not a full audit. It means documenting financial procedures so they are not trapped in one person’s memory. It also means rotating volunteers and committee members every two to three years so that oversight is always fresh and active.

Transparency should be part of the church’s public witness. Share with the congregation that the church reviews its finances regularly, uses checks and balances, and follows a reporting process that aligns with best practices. Donors do not expect perfection. They expect care, clarity, and stewardship.

Order creates trust

A church that commits to clarity, consistency, and oversight is not becoming more corporate. It is becoming more faithful. When reports are honest, easy to read, and reviewed regularly, the church can act with confidence. Staff and volunteers can lead without stress. Donors can give with joy.

Financial integrity is not built by having more spreadsheets. It is built by creating systems that help the right people see the right numbers at the right time. When that happens, the church is free to focus on what matters most: the mission.

If the numbers do not make sense, it is not a reason to panic. It is a reason to begin. One clear report, one better question, and one honest conversation can lead your church toward financial health that lasts.

Tim Samuel is a CPA and the chief financial officer of Bridgeway Community Church, a nondenominational, multicultural church in Columbia, Maryland, that draws more than 4,000 people each week.

Part 2 of 3: When One Person Handles the Money—How Churches Can Prevent Financial Risk

Even the most loyal and capable person should never carry the full weight of your church’s finances. Here’s how to share responsibility—and reduce risk.

Part 1 of 3: Why Every Church Needs Financial Oversight—Even When Trust Is High
Part 3 of 3: When Church Financial Reports Don’t Tell the Truth


In many congregations, one trusted individual handles nearly every aspect of the church’s finances. 

This person receives the offerings, makes the bank deposits, writes the checks, enters the transactions, reconciles the bank statements, and prepares the financial reports. 

They are often seen as irreplaceable, deeply loyal, and fully trusted by everyone around them. 

While this level of trust may seem like a blessing, it often creates one of the most overlooked sources of financial risk in the church.

How churches create risk

This scenario is usually not created through poor intentions but through relational trust, a desire for efficiency, and limited staffing. 

When someone shows interest, dependability, and capability, it feels natural to delegate more to them. 

Over time, the systems and routines of the church grow around this individual. Eventually, their knowledge becomes institutional memory, their presence becomes essential, and their departure feels unthinkable. 


Here is what shocked us most about people who perpetrate fraud in churches, based on a nationwide survey.


Without realizing it, many churches have placed both the authority and the responsibility for financial oversight in the hands of a single individual, creating  an  environment where oversight is least likely to occur.

The ‘Fraud Triangle’

The “fraud triangle” is a well-established concept that outlines the conditions where financial misconduct becomes more likely. 

The three components of the triangle are:

  • Opportunity
  • Pressure
  • Rationalization 

The opportunity for financial misconduct exists when no one else is watching.

If a person is collecting offerings, entering those amounts into the ledger, making deposits, and reconciling accounts without oversight, the opportunity for misstatement or misuse is present by default.

Pressure can come from personal life. 

It may be medical debt, family emergencies, relational breakdowns, or even the feeling of being overworked and underappreciated. Most of these pressures remain hidden from leadership, especially in small churches where personal and professional lines are blurred.

Rationalization is the mental justification that allows someone to violate their integrity. It may sound like “I’ll pay it back soon,” or “I’ve given too much of my time already,” or “The church owes me for all I’ve done.” 

Rationalization doesn’t begin with malice. It grows in silence and convenience when accountability is weak.

This is why churches must build systems that reduce both opportunity and isolation before these issues have the chance to grow.

A better way: Shared financial responsibility

Churches do not need to wait for growth or a crisis to change how they handle money. They can use a simple structure to create transparency, reduce pressure on individuals, and build a foundation of trust that does not depend on a single person. This approach also improves public perceptions, protecting the reputation of a team member who might otherwise face unwarranted accusations if all responsibilities fall to them. 

This structure follows a practical four-part framework: Stabilize, Systemize, Scale, and Sustain.

Stabilize

Begin by assessing your current process. List every financial task  being performed, then identify which individual is responsible for each. Pay special attention to roles involving authorization of payments, physical handling of cash or checks, recording of transactions in accounting software, and reconciliation of bank statements. 

If any one person performs more than one of these core tasks, the system is not stable. That person is carrying too much responsibility, and the church is exposed to risk, even if that risk is not yet visible.


Strengthen your church’s financial integrity with Learn more about internal controls and ways to segregate duties through, “Safeguarding Your Church’s Finances,” an online training program from Church Law & Tax. Learn practical strategies for internal controls and effective ways to segregate duties.


To deepen this review, use simple tools like AI or guided templates. Write a prompt like this:: “List the four key financial functions in a church and how they should be divided to prevent internal risk.”

Systemize

Once you have clarity on the current structure, redesign the workflow so that no single person handles more than one core task in the same transaction cycle. 

The four essential financial functions to separate are: 

  • Authorization (deciding to approve a transaction) 
  • Custody (handling the money) 
  • Recordkeeping (entering the data) 
  • Reconciliation (matching reports to bank activity)

Assign two unrelated people to count offerings together. Require a second signature on checks above a certain amount. 

Have someone outside the bookkeeping process handle monthly bank reconciliations. Use your accounting software’s user role features to ensure that not all functions are accessible to the same person.

Scale

Now that the system is in place, bring more people into the process. 

Financial sustainability does not depend on having more money. It depends on having more people trained, trusted, and engaged. Avoid creating a bottleneck where one person becomes the only person who knows how things work.  Teach leaders and board members how to read financial reports. The goal is to make financial health a shared responsibility, not a private task.

For training and communication, AI can be useful. Try prompts such as: “Write a training plan for new church finance volunteers that explains how to read a balance sheet and spot red flags.”

Sustain

A strong system should last beyond the season or staff. Record your procedures in a finance manual and update it every year. Store templates and forms in a central location. 

Train successors before people step away. Share openly with the congregation that you have strong financial systems in place. Transparency builds confidence.

Create time-off rhythms for anyone involved in financial roles. No one should feel like the church cannot function without them. Structure creates peace. It reduces stress and protects people from burnout and isolation.

If needed, ask AI to help writea one-page financial controls policy for your church that clearly explains roles and responsibilities.

Final Word: Protect the Mission by Sharing the Load

One person should never carry the entire weight of the church’s finances. Even when that person is capable and trustworthy, the system becomes fragile, the risk becomes silent, and the mission becomes vulnerable. By taking small steps to build structure, your church is not just protecting money. It is protecting people, building trust, and creating systems that can grow and last.

Tim Samuel is a CPA and the chief financial officer of Bridgeway Community Church, a nondenominational, multicultural church in Columbia, Maryland, that draws more than 4,000 people each week.

Part 1 of 3: Why Every Church Needs Financial Oversight—Even When Trust Is High

Churches often avoid financial reviews out of loyalty, fear, or limited budgets. But real stewardship begins with clarity, accountability, and shared responsibility.

Part 2 of 3: When One Person Handles the Money: How Churches Can Prevent Financial Risk
Part 3 of 3: When Church Financial Reports Don’t Tell the Truth

While trust is essential to the life of a church, it becomes a risk when it operates without oversight. 

Resistance to review often comes not from misconduct but from comfort. It stems from long-term loyalty, limited resources, or fear of what a review might reveal. 

Many church leaders say they trust their teams, or that their treasurer has served for years, or that their budget is too small to afford a CPA. 

These statements, while sincere, reflect a misunderstanding of the role and value of financial review. 

Longevity does not guarantee accuracy. Simplicity does not eliminate the need for oversight. 

Trust cannot take the place of verification.

Most churches rely on volunteers to manage their finances. Some of these individuals bring deep experience while others are simply willing and faithful. They want to help and see their service as a way to save the church money. 

But without training in nonprofit accounting or internal controls, they may be unaware of best practices. 

They might not know how to manage designated funds, reconcile accounts, or prepare reports in compliance with IRS and donor requirements. Even the most dedicated volunteer can make repeated errors if no one else is looking. 

Often, leaders hesitate to challenge the system out of fear of creating conflict. They do not want to offend volunteers or suggest distrust. 

In reality, avoiding review leaves volunteers unprotected, boards uninformed, and systems vulnerable.

Step 1: Start with the truth

The first step toward better oversight is clarity. 

Churches must identify who is responsible for approving expenses, handling deposits, entering financial data, and reconciling bank statements. 

If one person is responsible for multiple steps within the same transaction, the system carries structural risk. 

Of course, having one person responsible for multiple steps within the same transaction is not necessarily a sign of mismanagement, but it can indicate that responsibilities should be more appropriately shared. 

Mapping out the workflow and recognizing points of concentration is the foundation for improvement.

Churches can benefit from asking structured questions to identify these risks:

“What are the core financial roles that should never be combined?” or “How can our church identify risks in our financial workflows?” 

These questions help leaders begin the process of improving stewardship by seeing the truth of their system.

Step 2: Normalize the review process

Financial reviews do not always require a full audit. 

Depending on a church’s size and budget, oversight can take different forms

An internal review by a committee of individuals who are not involved in daily bookkeeping can offer meaningful checks. Though not fully independent, this approach introduces visibility and accountability. 

Meanwhile, an  external review of limited scope targets specific areas like bank reconciliations or payroll, and is less expensive than a full audit. 

Churches may also pursue agreed-upon procedures where a certified public accountant (CPA) performs selected tasks requested by leadership. 

This option provides clarity without incurring unnecessary cost. 

In the end, full audits provide the highest level of assurance and are often used when external reporting or complex operations are involved.

No matter which of the above options your church decides to take, one thing is sure: delay is not an option. Waiting until a financial crisis strikes is a mistake.

Churches should make use of these options based on available resources. 

The goal is not perfection but progress toward stronger financial governance. 

To guide these choices, leaders should seek resources that can help answer questions such as, What types of financial reviews are available to churches, and how do we select the right one?” or “Explain the difference between a limited review and a full audit for a church board meeting.”

Step 3: Bring others into the process 

Technology is a valuable ally in this effort. Accounting systems that assign user roles and track activity logs help ensure accountability. 

When churches use technology to define access and monitor financial tasks, they add both structure and transparency. UseAI to create a sample onboarding checklist for church finance volunteers, or to create a rotation schedule for offering counters, check signers, and reconciliations. These tools guide leadership toward scalable systems that invite shared responsibility and reinforce trust.

Step 4: Make financial oversight the norm, not the exception

Routine oversight reinforces stewardship as an ongoing discipline rather than a reactive measure. 

Churches that build financial reviews into their annual calendar promote transparency and consistency. 

This predictability removes the assumption that a review signals distrust or failure.

Instead, it shows that oversight is part of how the church protects its mission and honors its people. Developing a written review policy, storing procedures in a shared location, and ensuring smooth transitions all contribute to sustainability. 

Training incoming leaders, revisiting standards each year, and making financial review part of board orientation keeps the system active and understood.

It is equally important to communicate these practices with the congregation. Doing so promotes confidence and demonstrates a commitment to honor each gift, which builds credibility.t.”

Conclusion: Accountability is stewardship

Financial review is not just about numbers. It is a discipline of trust, a protection for volunteers, and a safeguard for the mission. 

Churches that resist review may do so with good intentions, but they leave themselves open to risk. 

Oversight builds strength. It prevents problems from going unnoticed. 

It invites multiple voices into the process and ensures generosity is honored. It also safeguards the decision-making process by bringing clarity and accountability.

When review becomes part of the culture, it serves everyone: leaders have more peace, volunteers enjoy more security, and givers feel more confident.

Again, financial review  is not about fixing what is broken. It is about keeping what matters strong. 

Churches that choose accountability demonstrate that the gospel is not only preached. It is practiced in every part of ministry, including how the offering is received, recorded, and reported.

Tim Samuel is a CPA and the chief financial officer of Bridgeway Community Church, a nondenominational, multicultural church in Columbia, Maryland, that draws more than 4,000 people each week.

Seven Ways the One Big Beautiful Bill Act Impacts Churches and Ministries

Unpacking seven critical provisions within the One Big Beautiful Bill Act with real-world implications for churches, from charitable donations to increased demands on food and health ministries.

Last Reviewed: October 10, 2025

Summary

One Big Beautiful Bill Act (“OBBBA”) introduces several provisions affecting church financial operations, charitable giving, and community outreach. 

Key provisions include:

  • Permanent expansion of the above-the-line charitable deduction for non-itemizers; 
  • the creation of “Trump Accounts” for children with potential church involvement; and, 
  • policy shifts that may increase demand on church-based food and health ministries. 

Here, we’ll highlight and analyze seven relevant sections for churches and church leaders. 

Above-the-Line Charitable Deduction for Non-Itemizers

This provision applies to taxable years beginning after Dec. 31, 2025, and permanently reinstates and expands the above-the-line deduction for donors who claim the standard deduction.

Individuals who claim the standard deduction also may deduct up to $1,000, and joint filers may deduct up to $2,000.

What this means for churches:

  • To help individual donors deduct contributions of $250 or more, churches should issue contemporaneous written acknowledgments. These acknowledgements should include the church’s name, the date, the amount, and a statement indicating no goods or services, other than intangible religious benefits, were provided in exchange.
  • Year-end giving statements and stewardship messaging should be updated to reflect this benefit.
  • Expect an increase in receipt requests, especially in late January and early April, even for modest donations.
  • Only cash contributions to organizations described in section 170(b)(1)(A) (which includes churches) qualify. Contributions to donor-advised funds or supporting organizations do not qualify for this above-the-line deduction.

Establishment of “Trump Accounts” for Children

This section creates a new tax-favored savings vehicle for minors. 

Accounts may receive up to $5,000 annually from families, employers, or charitable contributors. 

A federal pilot program will fund $1,000 for each newborn from 2025 through 2028.

What this means for churches:

  • These accounts are likely modeled on 529 and Coverdell Education Savings Accounts, with post-tax contributions and tax-free earnings if used for qualified purposes.
  • Churches may consider offering financial literacy education to families on account setup and use.
  • Any contributions made by churches to pastors or employees must avoid private benefit or inurement, as defined by section 501(c)(3) of the Internal Revenue Code (IRC). Consistent, neutral criteria must guide participation.

Important: Consult a lawyer before facilitating or funding these accounts.

0.5 Percent Floor for Itemized Charitable Deductions

This provision creates a floor for deductibility. 

Itemizing taxpayers can only deduct charitable contributions that exceed 0.5 percent of their adjusted gross income.

What this means for churches:

  • For a donor with $100,000 in adjusted gross income, only contributions above $500 are deductible in the current year. Amounts below this floor may be carried forward under section 170(d).
  • To maximize deductions, some may “bunch” several years of giving into one year to exceed the threshold, then take the standard deduction in other years. Donor-advised funds can support this strategy by allowing a lump-sum gift in one year while spreading distributions to churches over time. 
  • Churches should explain this change in donor education efforts and ensure annual giving statements clearly summarize totals.
  • Some donors may reduce small recurring gifts that no longer offer tax benefits.

Support for Nonprofit Development in Native Villages

This section provides federal support for nonprofit activities in remote Native villages. Support may include grants and technical assistance.

What this means for churches:

  • Churches serving Native communities should assess their eligibility based on location, mission alignment, and partnerships with tribal authorities.
  • All federal funding must follow Uniform Guidance (2 CFR Part 200), including cost principles, documentation standards, and nondiscrimination rules.
  • Activities must remain within the church’s exempt purpose. Take care  to avoid unrelated business income or private benefit.
  • Engagement strategies should reflect cultural sensitivity and affirm tribal sovereignty.

Medicaid Eligibility Redeterminations

Effective Dec. 31, 2026, this provision will require Medicaid recipients to reverify their eligibility every six months, rather than annually, potentially resulting in temporary or permanent loss of coverage for individuals.

What this means for churches:

  • Churches offering benevolence assistance or health clinics may see increased demand.
  • Ministries providing direct services must ensure HIPAA compliance, privacy protections, and adherence to state-level licensing or reporting obligations.
  • New referral pathways or partnerships with healthcare providers may be necessary to serve uninsured individuals.
  • Volunteer capacity and intake processes should be reevaluated for scalability and compliance.

Rural Health Transformation Program

This section authorizes federal funding to states to improve healthcare access in rural areas, likely through grants, technical assistance, and local partnerships. States may apply until the end of 2025, with the program scheduled to roll out starting in 2026.

What this means for churches:

  • Churches in rural communities may be eligible to apply for funding to support clinics, health education, mental health services, or preventive care.
  • Successful participation will require administrative capacity to manage grants, financial reporting, and ensure regulatory compliance.
  • Churches should begin identifying local health providers or nonprofits for joint applications or service coordination.
  • This funding may also allow rural ministries to expand their reach and impact.

SNAP Work Requirements Expanded

This section tightens work requirements for able-bodied adults without dependents (ABAWDs) who receive Supplemental Nutrition Assistance Program (SNAP) benefits, increasing the age requirement for such individuals from 54 to 64. The provision also lowers the age of a “dependent child” from 18 to 14.

The changes mean fewer individuals likely will qualify for food assistance.

What this means for churches:

  • Expect increased reliance on church- and faith-based food pantries, grocery programs, and community meals.
  • Churches receiving public food support must maintain eligibility documentation and comply with state and federal reporting requirements.
  • For churches that operate pantries, programs, and meals, their intake training should address respecting the dignity and privacy of individuals seeking help, as well as how to explain the complex new eligibility criteria to those individuals.
  • Budget planning should reflect increased grocery purchases and staffing or volunteer needs.

Want more? Our In-Depth Summary of OBBBA is Available With An Advantage Membership!


Exciting days ahead for Church Law & Tax members:

OBBBA also brings notable changes to IRS Form 1099 reporting requirements, easing the compliance burden for many churches.

Previously, churches were required to file these forms for payments of $600 or more to non-corporate service providers in a calendar year.

Under the new law, this threshold rises to $2,000, indexed for inflation.

This means fewer small payments will trigger the need for information reporting, streamlining administrative processes for many organizations.

Note: OBBBA does not alter the core rules regarding who must file, what types of payments are reportable, or the deadlines for filing and furnishing Forms 1099.

Penalties for noncompliance remain the same.

Churches should update their procedures to reflect these new thresholds and ensure continued compliance. It will be effective for payments made after December 31, 2025.

The relevant statutory references in the Act are Section 70433 (for the general $2,000 threshold).

Tim Samuel is a CPA and the chief financial officer of Bridgeway Community Church, a nondenominational, multicultural church in Columbia, Maryland, that draws more than 4,000 people each week.

Update: Key Tax Law Changes in the OBBBA Affecting Families, Churches, and Workers

“One Big Beautiful Bill Act” (OBBBA) overhauls multiple areas of tax law. This executive summary for pastors and church leaders highlights key provisions set to take effect.

Last Reviewed: October 8, 2025

Editor’s Note: The original version of this article was updated on July 17, 2025 to incorporate new section numbers and content and to exclude section numbers and content that do not appear in the final, enrolled version of H.R. 1.

On July 3, 2025, Congress passed the “One Big Beautiful Bill Act” (“OBBBA”), H.R. 1, which President Trump signed into law the next day. 

Church Law & Tax’s tax resources, such as the comprehensive Church & Clergy Tax Guide, will be updated with more in-depth analysis and explanations. But for now, we offer this executive summary of several provisions within OBBBA likely to most affect churches and clergy.

Five Key Provisions

  • OBBBA increases the filing threshold for Forms 1099 and 1099-NEC from $600 to $2,000. This provision is effective beginning with payments made in 2026. The threshold is also subject to inflation adjustments beginning in 2027. This will reduce the number of individuals who will need to receive a 1099 from a church. 
  • OBBBA makes permanent the modified federal income tax bracket schedule and lower tax rates created by prior law and adds an additional year of inflation adjustment to all brackets except for the top bracket (37 percent).
  • OBBBA makes permanent the nearly doubled standard deduction created by prior law and further increases the standard deduction by including an extra year of inflation adjustment. 
  • OBBBA makes permanent a deduction for non-itemizing taxpayers up to $1,000 for single filers ($2,000 for married filing jointly) for charitable cash contributions beginning January 1, 2026. The charitable contribution must be made to a qualified charity and cannot be made to donor-advised funds or supporting organizations.
  • OBBBA establishes a floor equal to 1 percent of taxable income for the deductibility of corporate charitable contributions. In the case of a corporation with charitable contributions exceeding the 10-percent limit, the provision allows taxpayers to add the amount disallowed under the 1-percent floor to the amount carried over to the subsequent year.

Further reading for pastors and church leaders:

Key Sections of OBBBA Title VII, Chapter 1—Providing Permanent Tax Relief for Middle-Class Families and Workers

Key Sections of OBBBA Title VII, Chapter 2—Delivering on Presidential Priorities to Provide New Middle-Class Tax Relief

Key Sections of OBBBA Title VII, Chapter 4—Investing in American Families, Communities, and Small Businesses—Make America Win Again

Key Sections of OBBBA Title VII, Chapter 5—Ending Green New Deal Spending, Promoting America-First Energy, And Other Reforms

Key Section of OBBBA Title VII, Chapter 6—Enhancing Deduction And Income Tax Credit Guardrails, and other Reforms

Jump over to CPA and Church CFO Tim Samuel’s “7 Ways the One Big Beautiful Bill Act Impacts Churches and Ministries”

Title VII, Chapter 1—Providing Permanent Tax Relief for Middle-Class Families and Workers

Most tax provisions take effect on January 1, 2026.

Section 70101. Extension and Enhancement of Reduced Rates. This section makes permanent the modified federal income tax bracket schedule and lower tax rates created by the “Tax Cuts and Jobs Act (2017)” (TCJA). These were set to expire at the end of 2025. 

This provision also adds an additional year of inflation adjustment to all brackets except for the top bracket (37 percent).

Key Point. The taxable income of many ministers will be substantially cut because of OBBBA. As a result, ministers may want to review their estimated tax payments and make adjustments based on the significantly reduced tax liability.

Section 70102. Extension and enhancement of increased standard deduction. Under prior law, the increased standard deduction was      set to expire after December 31, 2025. The increased deduction enjoyed for the past several years is made permanent by OBBBA and further increases by including an extra year of inflation adjustment. The standard deduction for single filers is $15,750; for head of household it is $23,625; and for married filing jointly it is $31,500.

Section 70103. Termination of deduction for personal exemptions and enhanced deduction for seniors. Under prior law, the deduction for personal exemptions was set to return after December 31, 2025. The deduction for personal exemptions is permanently eliminated. However, a temporary deduction for tax years 2025 through 2028 for seniors (age 65 or older) of $6,000 per eligible filer, regardless of whether they are itemizers or non-itemizers is now available. The deduction is available to taxpayers with a modified adjusted gross income that does not exceed $75,000 for single filers ($150,000 for married filing jointly). This deduction expires after 2028 unless extended by Congress.

Section 70104. Extension and increased Child Tax Credit and other dependent credit. After December 31, 2025, the Child Tax Credit was set to decrease to $1,000 per qualifying child under age 17, and fewer American families would qualify for the credit as the income phase-out levels returned to much lower thresholds. Similarly, the nonrefundable Other Dependent Credit—$500 for older children or adults who are unable to care for themselves—was also set to expire.

OBBBA provides a child tax credit of $2,200 per child for 2025 and adjusts it annually for inflation starting in 2026. Phaseout thresholds for 2025 and 2026 are $200,000 for single filers and $400,000 for married filing jointly. A taxpayer (or spouse, if married filing jointly) must provide a Social Security number, along with the child’s Social Security number.

The nonrefundable Other Dependent Credit is also made permanent, although it will not adjust annually for inflation.

Section 70106. Extension of increased estate and gift tax exemption amounts and permanent enhancement. Under prior law, the increased estate and lifetime gift tax exemption amount was set to expire after December 31, 2025 ($13.99 million for single filers and $27.98 million for married filing jointly in 2025). The estate and lifetime gift tax exemption are both extended and increased. The exemption amount increases to $15 million for single filers and $30 million for married filing jointly in 2026 and indexes the exemption amount for inflation going forward. The highest estate and gift tax rate remains 40 percent.

Section 70107. Extension of increased alternative minimum tax exemption and phase-out thresholds. This section of OBBBA permanently extends the increased individual alternative minimum tax exemption amounts and exemption phase-out thresholds.

Section 70108. Extension of limitation on deduction for qualified residence interest. Under prior law, the deduction for qualified residence interest, also known as the home mortgage interest deduction, was set to increase from the first $750,000 in home mortgage acquisition debt to $1 million after December 31, 2025. This section of OBBBA permanently lowers the deduction for qualified residence interest to the first $750,000 in home mortgage acquisition debt.

Section 70109. Extension of limitation on casualty loss deduction. Under prior law, the itemized deduction for uncompensated personal casualty losses resulting from a fire, storm, shipwreck, other casualty, or theft was set to return after December 31, 2025. This section of OBBBA permanently allows for the itemized deduction for only personal casualty losses resulting from federally declared disasters.

Section 70110. Termination of miscellaneous itemized deductions. Under prior law, individuals could deduct certain miscellaneous itemized deductions in taxable years beginning after December 31, 2025, including unreimbursed employee business expenses, legal fees, and investment expenses, to the extent they exceeded 2 percent of the taxpayer’s adjusted gross income. Miscellaneous itemized deductions (other than educator expenses) are now permanently eliminated.

Section 70113. Extension of limitation on exclusion and deduction for moving expenses. Under prior law, both the exclusion for qualified moving expenses reimbursement and the deduction for moving expenses were set to return for taxable years beginning after December 31, 2025. Both the exclusion for qualified moving expenses reimbursement and the deduction for moving expenses, except for active-duty members of the U.S. Armed Forces and certain members of the U.S. intelligence community, are now permanently eliminated.

Section 70120. Limitation on individual deductions for certain state and local taxes. Under prior law, the itemized deduction for state and local taxes was capped at $10,000 ($5,000 for a married taxpayer filing a separate return). The “SALT cap” was set to expire for taxable years beginning after December 31, 2025. This section increases the SALT cap to $40,000 starting in 2025 for most taxpayers; and increasing by 1% per year through 2029. The cap remains $10,000 for taxpayers with modified adjusted gross incomes over $500,000.

Title VII, Chapter 2 – Delivering on Presidential Priorities to Provide New Middle-Class Tax Relief

Section 70202. No taxes on tips or overtime pay. OBBBA created two deductions related to wages earned by taxpayers: the deduction for tips received and the deduction for qualified overtime.

Both provisions require an employer to provide information to the taxpayer and the government to facilitate these deductions.

  • Tips. For 2025 through 2028, a deduction for qualified tips received by taxpayers during a given taxable year is limited to $25,000. Not only must employers report qualifying amounts, but the deduction for tips requires employers to report the employee’s qualifying occupation code (as defined by Treasury). The deduction begins to phase out when the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return). A work-eligible Social Security number is required to claim the deduction.
  • Overtime. For 2025 through 2028, a deduction for overtime premium pay received by taxpayers during a given taxable year limited to $12,500 ($25,000 in the case of a joint return). Qualified overtime compensation means overtime compensation paid to an individual required under Section 7 of the Fair Labor Standards Act of 1938 that is in excess of the regular rate (as used in such section) at which such individual is employed. The deduction begins to phase out when the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return). A work-eligible Social Security number is required to claim the deduction.

Mandatory Employer Reporting: As of August 7, 2025, the IRS announced it will not change Form W-2 for 2025. Further guidance is expected as to how the reporting requirements will be met for 2025, so employers should be aware further updates may be issued in January of 2026, prior to the start of the 2026 tax-filing season. Informal guidance from the IRS suggests reporting the amount in Box 14 of Form W-2.

For 2026, the IRS has issued a draft Form W-2 that contains Box 14b to report the qualifying occupation code for the tip deduction and added two codes to Box 12: Code TP for qualified tips; and Code TT for qualified overtime compensation.

Section 70203. No tax on car loan interest. A deduction is available for tax years 2025 through 2028 of up to $10,000 for qualified passenger vehicle loan interest paid during a given taxable year. The deduction phases out starting when the taxpayer’s modified adjusted gross income exceeds $100,000 ($200,000 in the case of a joint return). To be eligible, the passenger vehicle must have at least two wheels, be made primarily for use on public streets, roads, and highways, and have its final assembly occur in the United States.

Section 70204. Trump accounts. OBBBA introduces “Trump Accounts,” a new kind of tax-favored savings account for minors beginning on January 1, 2026. The accounts will be administered by a bank or similar financial institution and the overall program will be seen by the US Department of Treasury.

Accounts may be established for any child under the age of 18 and designated as a Trump Account. To be eligible, the child must be a U.S. citizen with a Social Security number and at least one parent must provide his or her Social Security number.

These accounts are eligible to receive contributions from a variety of sources, including parents, relatives, employers,  nonprofit organizations, and government entities facilitated by the Treasury Department.

Title VII, Chapter 4—Investing in American Families, Communities, and Small Businesses

Section 70413. Additional elementary, secondary, and home school expenses treated as qualified higher education expenses for purposes of 529 accounts. Under prior law, “529 savings plans” are tax-advantaged accounts designed to fund education expenses, with federal law allowing tax-free withdrawals for the following qualified expenses: tuition (including up to $10,000 annually for K-12 education), fees, books, supplies, equipment required for enrollment, room and board (for students enrolled at least half-time), computers, software, internet access, special needs services, and costs for registered apprenticeship programs.

Tax-exempt distributions from “529 savings plans” may now be used for additional educational expenses in connection with enrollment or attendance at an elementary, secondary, or home school, including:

  1. curriculum and curricular materials,
  2. books or other instructional materials,
  3. online educational materials,
  4. tutoring or educational classes outside the home,
  5. testing fees,
  6. fees for dual enrollment in an institution of higher education, and educational therapies for students with disabilities.

The OBBBA also increased the limit for expenses associated with K-12 education from $10,000 to $20,000 annually.

Section 70414. Certain postsecondary credentialing expenses treated as qualified higher education expenses for purposes of 529 accounts. Under OBBBA, tax-exempt distributions from 529 savings plans may now be used for additional qualified higher education expenses, including “qualified postsecondary credentialing expenses” in connection with “recognized postsecondary credential programs” and “recognized postsecondary credentials.”                                                                                         

Section 70416. Expanding application of tax on excess compensation within tax-exempt organizations. Under prior law, section 4960 of the tax code imposes an excise tax on excess compensation paid to certain highly compensated employees by tax-exempt organizations. The excise tax rate is equal to the corporate tax rate multiplied by the sum of (1) any remuneration in excess of $1 million paid to a covered employee for a taxable year, and (2) any excess parachute payment paid to a covered employee. 

Previous law limited the number of persons considered for the excise tax. OBBBA expands application of the law by defining a covered employee to include any employee of an applicable tax-exempt organization that receives remuneration in excess of $1 million during any tax year after 2016, effective for tax years beginning after December 31, 2025.

Section 70424. Reinstatement of partial deduction for charitable contributions of individuals who do not elect to itemize. Under prior law, only taxpayers who itemize deductions could deduct their charitable contributions. A permanent deduction for non-itemizing taxpayers up to $1,000 for single filers ($2,000 for married filing jointly) for charitable cash contributions is available starting in 2026. The charitable contribution must be made to a qualified charity and cannot be made to donor-advised funds or supporting organizations.

Section 70426. 1-percent floor on deduction of charitable contributions made by corporations. Under prior law, corporate taxpayers were generally allowed a deduction for charitable contributions up to a limitation equal to 10 percent of taxable income. 

This section of OBBBA establishes a floor equal to 1 percent of taxable income for the deductibility of corporate charitable contributions. 

In the case of a corporation with charitable contributions exceeding the 10-percent limit, the provision allows taxpayers to add the amount disallowed under the 1-percent floor to the amount carried over to the subsequent year.

Section 70432. Repeal of the revision of rules for third-party network transactions. Under the American Rescue Plan Act (ARPA) of 2021, third-party settlement organizations, such as payment card companies, payment apps, and online marketplaces, would be required to issue Form 1099-K to participating payees receiving gross payments exceeding $600 for goods or services, regardless of the number of transactions. 

The law was strongly protested by filers, and implementation delays led to a higher threshold of $5,000 or more, regardless of the number of transactions, in a year. 

This OBBBA provision increases the threshold to $20,000, and more than 200 transactions, effective with the date ARPA became law.

Section 70433. Increase in threshold for requiring information reporting with respect to certain payees. This increases the filing threshold for Forms 1099 and 1099-NEC from $600 to $2,000. This provision is effective beginning with payments made in 2026. The threshold is also subject to inflation adjustments beginning in 2027. This will reduce the number of individuals who will need to receive a 1099 from a church.

Title VII, Chapter 5—Ending Green New Deal Spending, Promoting America-First Energy, and Other Reforms

Section 70502. Termination of clean vehicle credit. Under prior law, taxpayers could claim a tax credit of up to $7,500 for clean new vehicles placed in service in a given taxable year. The credit was limited to incomes of $150,000 for single filers, $225,000 for head of household filers, and $300,000 for joint filers. It was also limited to varying Manufacturer’s Suggested Retail Prices (MSRPs) for different vehicle types. The credit was set to expire December 31, 2032.

This section of OBBBA accelerates the expiration to vehicles acquired after September 30, 2025. 

Section 70505. Termination of energy efficient home improvement credit. This section of OBBBA accelerates the expiration of the tax credit for household energy efficient improvements to December 31, 2025. The value of the credit was 30 percent of qualified energy efficient improvements, residential energy property, or home energy audits not exceeding $1,200 annually ($2,000 if for heat pumps and biomass stoves). 

Section 70506. Termination of residential clean energy credit. This section of OBBBA accelerates the expiration of a credit with respect to any expenditures made for solar electric, solar water heating, fuel cell, small wind energy, geothermal heat pumps, and battery storage in residences to December 31, 2025.

Section 70508. Termination of new energy efficient home credit. This section of OBBBA accelerates the expiration of an energy efficient credit for new homes to June 30, 2026. 

Title VII, Chapter 6—Enhancing Deduction and Income Tax Credit Guardrails, and Other Reforms

Section 70607. Task force on the termination of Direct File. Under prior law, the IRS could prepare and file tax returns online, for free, to qualifying taxpayers in participating states (the “Direct File” program). In addition, the IRS offered      a Free File program where several tax preparation and filing software industry companies provided their online tax preparation and filing for free.

OBBBA earmarks $15 million for a task force to determine program costs, explore public-private partnerships, and replace any direct e-file programs run by the IRS.

OBBBA (H.R. 1) full text:

Matthew Branaugh is an attorney and editor for Church Law & Tax.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Update: Churches Gain Political Speech Leeway—But Uncertainty Remains

A recent IRS settlement signals greater freedom for churches to speak on political candidates—yet murky boundaries and tax-code risks still require caution.

Last Reviewed: January 13, 2026

Editor’s Note: Shortly after news broke regarding the proposed settlement statement between the Internal Revenue Service (IRS) and the plaintiffs, numerous amicus briefs were filed with the court either supporting or opposing the proposed settlement.

Two motions also were filed—one by the parties seeking to gain court approval for the settlement, and another by Americans United for Separation of Church and State seeking to intervene in opposition to the settlement.

The federal judge heard arguments on the motions in late November 2025. The judge dismissed Americans United’s motion on procedural grounds, but noted the group’s arguments merited consideration as he weighs the motion to approve the settlement. The judge is expected to deliver his decision in 2026.

In the meantime, the IRS has already prioritized revising its guidance on the matter in its 2025-2026 Priority Guidance Plan, pending the case’s outcome.

Church Law & Tax will continue to monitor the case and provide updates as they become available.


In a statement included with a proposed lawsuit settlement, the Internal Revenue Service (IRS) says churches enjoy more latitude when it comes to endorsing or opposing political candidates.

It’s a surprising development after decades of debate and uncertainty regarding what is and isn’t allowed for tax-exempt organizations under a controversial Internal Revenue Code provision best known as the “Johnson Amendment.”

But uncertainties remain about just how much latitude.

Churches sue the IRS 

Two Texas churches and the National Religious Broadcasters sued the agency in August of 2024 regarding the constitutionality of the Johnson Amendment. Previously, President Trump called for its repeal through a 2018 executive order. 


Don’t Let Legal Ambiguity Put Your Church at Risk

The IRS may have softened its stance, but the legal landscape remains unclear—and your church’s tax-exempt status could still hang in the balance. As a Church Law & Tax member, you get exclusive access to expert analysis, real-time legal updates, and practical guidance trusted by pastors, church administrators, and attorneys nationwide.

Become a member today and stay legally confident, not legally exposed.


The amendment, adopted in 1954, says tax-exempt organizations—as defined for federal law under section 501(c)(3) of the tax code—may not “participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.” The amendment also limits the amount of political lobbying conducted by those organizations.

Churches meeting certain criteria are automatically considered tax-exempt under 501(c)(3), and for years, the IRS has contended they fall under the Johnson Amendment’s prohibitions. But religious freedom advocates say the amendment violates the free exercise rights of churches protected by the First Amendment.

The IRS shifts its position

In agreeing to settle the lawsuit this week, the IRS includes this pronouncement granting churches more latitude with political candidates:

When a house of worship in good faith speaks to its congregation, through its customary channels of communication on matters of faith in connection with religious services, concerning electoral politics viewed through the lens of religious faith, it neither “participate[s]” nor “intervene[s]” in a “political campaign,” within the ordinary meaning of those words. 

To “participate” in a political campaign is “to take part” in the political campaign, and to “intervene” in a political campaign is “to interfere with the outcome or course” of the political campaign. . . . 

Bona fide communications internal to a house of worship, between the house of worship and its congregation, in connection with religious services, do neither of those things, any more than does a family discussion concerning candidates. Thus, communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted.

Six observations for pastors and church leaders

Persuasive, but not precedential. 

The IRS’s position through the settlement would be binding precedent only in the jurisdiction where the lawsuit was filed: the US District Court for the Eastern District of Texas, Tyler Division. Its outcome applies only to the plaintiffs who brought the lawsuit. 

However, the IRS position still would be considered persuasive nationwide, and a church facing future IRS action that’s inconsistent with that position could use it effectively as an “admission against interest” against the agency, says attorney Frank Sommerville, a longtime senior editorial advisor for Church Law & Tax. 

The Internal Revenue Code (IRC) remains unchanged—for now. 

As a federal agency, the IRS can change its regulations through a process involving proposed new language, notice, and a period for public comment. Congress also can enact laws revising the tax code. Until one or the other acts, however, the tax code will remain unchanged. This means churches and church leaders must remain mindful of the proposed settlement’s persuasive value.  

Uncertain scope. 

The proposed settlement statement emphasizes “(b)ona fide communications internal to a house of worship,” and notes “communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment.”

Communications made during worship services, as well as through printed bulletins and signs and posters within the church’s building, would appear safe under the IRS’s settlement statement. 

Meanwhile, widespread pamphleteering, signs on church lawns, or roadside billboard advertising using the church’s name and logo would not be safe. 

Less certain? Streamed worship services, and articles, audio, and video sent through websites and social media. Sommerville says an important principle is that political speech is only a small part of the communications. Were the settlement to become finalized, he suggests:

  • Streaming a church’s worship services in which a discussion of a candidate arises would be allowable;
  • Less certain would be a church website featuring a prominent political endorsement, or a prominent article on a church’s website endorsing or opposing a candidate;
  • Social media posts to an open account endorsing a candidate would remain troublesome, while posting to a closed social media account probably would be safe; and,
  • An email endorsing a candidate from a pastor probably would be still prohibited.

CPA Mike Batts, also a longtime senior editorial advisor for Church Law & Tax, notes that the involvement of the National Religious Broadcasters as a plaintiff in the lawsuit appears to help “accommodate the dissemination or broadcast of a church’s religious message to ‘its congregation’ via media (such as television, radio, and internet broadcasts).”

The bottom line: the ambiguity probably sets the stage for future litigation, should the settlement receive court approval.

IRS publications and advisory materials also remain unchanged. 

The IRS’s Publication 1828, Tax Guide for Churches and Religious Organizations still states the IRS’s previous interpretation of the Johnson Amendment. It remains to be seen whether the agency would update the guide or other related materials. Regardless, churches should note that such materials always carry an IRS disclaimer stating they are for informational purposes only and are not considered authoritative.

The IRS is watching–but how closely? 

The settlement statement also contends the IRS position regarding churches actually operates consistently with lax IRS enforcement actions against politically active churches. Attorney and Church Law & Tax senior editor Richard Hammar has noted that few churches have lost their tax-exempt status due to political activities policed by the agency. 

However, Batts says he has “firsthand knowledge that the IRS has definitively engaged with churches” recently regarding political activities.  

Each church must discern how it is called to act. 

Churches that feel called to engage in political matters, including opposing or endorsing political candidates, face the same question now as they did before: To what extent do they wish to pursue such activities, vis-a-vis the possible threat to their tax-exempt statuses? 

With a court approval of the settlement, the threat of losing tax-exempt status may lessen. But the extent of activities permissible in the eyes of the IRS will remain uncertain, leaving churches to decide how far to go with politically related activities.


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Matthew Branaugh is an attorney and editor for Church Law & Tax.
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