7 Radically Simple Principles for a Financially Healthy Church

CPA Mike Batts shares insights on 7 key principles for maintaining a financially healthy church.

Loading the player...

“It all starts with mission and purpose.” These opening words by author Mike Batts in the updated and revised second edition of the book, Church Finance, sum up the proper role of financial administration in the church.

In this webinar, Mike explains 7 radically simple principles for having a financially healthy church. These principles will help you solidify your church’s financial foundation and provide a strong platform for growth.

Hosted by Church Law & Tax’s Rob Toal, Mike Batts shares these key financial concepts from his book with practical application.

Who Can Be an Authorized Signatory for Church Documents?

Understand key guidelines on authorized signatories for church documents and the implications of unauthorized signatures.

Last Reviewed: January 25, 2025

Understanding who can legally sign church documents is vital for avoiding contract disputes and personal liability. Learn key considerations and case studies to guide your church’s practices.

  • Personal Liability: Clergy who sign without proper authorization may be personally liable.
  • Legal Authority: Only those explicitly authorized can sign on behalf of the church.
  • Board Responsibilities: Boards must comply with bylaws and governing documents.

Background and Case Study

In Jenkins v. Refuge Temple Church of God (2018), a South Carolina court ruled a stipend agreement unenforceable because board members lacked authority. This highlights the importance of adherence to church bylaws and proper election of board members.

Case Findings

  • The agreement was invalid due to improperly appointed board members.
  • The court applied “neutral principles of law” to determine contract validity.

Practical Guidelines for Church Leaders

  • Ensure all contracts are authorized by the church board or governing body.
  • Verify compliance with bylaws and denominational guidelines.
  • Always sign in a representative capacity, explicitly stating your role (e.g., “Pastor John Doe, Authorized Agent”).

Frequently Asked Questions

1. What is an authorized signatory?

An authorized signatory is a person legally empowered to sign documents on behalf of an organization, such as a church.

2. What happens if someone signs without authorization?

Unauthorized signatories may be personally liable for any breaches or disputes arising from the agreement.

3. How can churches ensure proper authorization?

Review governing documents, bylaws, and legal resolutions before signing any contracts.

4. Are digital signatures acceptable for church documents?

Yes, but they must be securely controlled to prevent misuse or fraud.

Case Study: Electronic Signatures and Risks

One church faced significant financial losses due to misuse of digital signatures. Proper safeguards and audits are essential to prevent embezzlement and fraud.

Key Takeaways

  • Always verify the authority of signatories for legal and financial documents.
  • Adhere strictly to bylaws and denominational policies.
  • Consider a CPA audit to improve internal controls and reduce risks.

For more resources on managing church finances and legal matters, visit Church Law & Tax.

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

Determining Financial Policies for Your Church

How to identify the policies needed for sound financial management.

Last Reviewed: May 9, 2025

Churches often wrestle with which policies to adopt. A well-crafted policy can enhance compliance, protect the church, and build trust among members. However, a poorly designed policy may create more problems than it solves.

This article will help churches determine:

Which financial policies are essential;
Which policies may be beneficial under specific circumstances;
Key considerations before adopting a new policy.


Key Considerations Before Adopting a Policy

Before drafting or implementing a policy, churches should ask:

Will it help ensure compliance with the law?
Does it protect the church and its members?
Will it enhance the church’s ability to fulfill its mission?
Does it foster confidence and trust among congregants?

Some aspects of financial operations—such as expense reimbursements and internal controls—may be effectively managed through staff procedures instead of board-approved policies.

💡 A Note on Risk:

  • More policies = More monitoring and enforcement.
  • Failing to follow an adopted policy can increase liability more than not having a policy at all.
  • Each church must strike the right balance between oversight and flexibility.

That said, some financial policies are critical for every church, while others should be considered based on specific needs.


Essential Financial Policies for Every Church

1. Budget Administration Policy

Why it matters: The budget is one of the church’s most important financial tools.

What it should include:

  • Process for approving and administering the church’s budget;
  • Oversight for operating, capital, and debt-related expenditures;
  • Procedures for handling budget overages.

This policy can be outlined in bylaws or a separate board-approved document.


2. Conflicts-of-Interest Policy

Why it matters: Churches must avoid financial transactions that create ethical concerns or violate tax laws.

What it should address:

  • When leaders (such as pastors, board members, and senior staff) have a financial interest in church transactions;
  • Restrictions under federal tax law and state nonprofit laws;
  • Public perception of financial dealings (even if legally sound).

📌 Example: A board member selling property to the church at a discount may seem beneficial—but could still raise scrutiny. A well-drafted policy ensures transparency and integrity.


3. Executive Compensation Policy

Why it matters: Church leaders must not set their own salaries, and compensation must comply with federal tax laws.

What it should include:

  • The process for setting and approving compensation;
  • Documentation requirements for legal compliance;
  • Ensuring fair comparisons to similar roles in other organizations.

Potential consequences: Noncompliance with federal guidelines can lead to tax penalties and reputational harm.


4. Fraud, Dishonesty, and Whistleblower Protection Policy

Why it matters: Churches need clear protections against unethical behavior and safe reporting mechanisms.

Key components:

  • Explicitly prohibits fraud and financial misconduct;
  • Establishes confidential reporting channels;
  • Protects whistleblowers from retaliation (as required by Sarbanes-Oxley Act);
  • Defines oversight responsibility (e.g., a Compliance Officer or Audit Committee).

Tip: A well-drafted policy encourages transparency and discourages financial misconduct.


5. Document Retention Policy

Why it matters: Federal and state laws require record-keeping compliance for tax, employment, and financial reporting.

What it should address:

  • Retention timelines for key financial documents (e.g., tax records, donor data);
  • Legal compliance with IRS and regulatory agencies;
  • Procedures for secure disposal of outdated documents.

6. Donor Privacy Policy

Why it matters: Donors want assurance that their personal and financial information is protected.

What it should include:

  • How donor data is collected and stored;
  • Whether information will be shared with third parties;
  • How donors can opt out of specific uses of their data.

💡 Best practice: Make the donor privacy policy easily accessible on the church’s website.


7. Board Approval for Debt and Financial Obligations

Why it matters: Churches should have clear oversight on borrowing and contractual commitments.

What it should require:

  • Board approval for issuing debt above a set threshold;
  • Guidelines for approving leases, mortgages, or liens;
  • Whether a supermajority vote (e.g., 75 percent) is needed for large financial decisions.

This policy can be in bylaws or a standalone document.


Policies to Consider Based on Church Needs

1. Gift Acceptance Policy

Why it matters: Some gifts (e.g., real estate, business interests, restricted donations) require careful evaluation.

What it should address:

  • Criteria for accepting or declining gifts;
  • Who in the church reviews and approves non-cash donations;
  • How naming rights or restrictions will be handled.

🔹 Ideal for: Churches that frequently receive non-traditional or restricted gifts.


2. Executive Expense Reimbursement Policy

Why it matters: Prevents misuse of church funds for personal expenses.

What it should include:

  • Clear guidelines on eligible expenses;
  • Restrictions on alcohol, first-class travel, entertainment, and personal spending;
  • Required documentation (e.g., receipts, approval process);
  • Deadlines for submitting reimbursement requests with the required documentation (e.g., not more than 60 days after the expense gets incurred);
  • Deadlines for returning excess reimbursement amounts (e.g., not more than 120 days after an excess reimbursement gets paid).

🔹 Best for: Churches with multiple leaders incurring expenses on behalf of the church.


Churches may need additional policies depending on state laws and unique circumstances.

📌 Examples:

  • Investment Policy (if managing large assets or endowments);
  • Fundraising and Solicitation Policy (for handling public donations);
  • Use of Church-Owned Vehicles Policy (for liability protection).

Consult legal counsel to determine specific requirements for your church.


Final Thoughts

Every church must evaluate which policies are necessary based on its size, structure, and financial complexity.

Start with the essentials (budget, conflict of interest, fraud protection).
Add policies as needed for financial oversight and risk management.
Review policies regularly to ensure compliance and effectiveness.

Before adopting any policy, church leadership should consult with legal counsel to tailor it to the church’s unique needs.

We’ve used a combination of AI and human review to make this content easier to read and understand.

Michael (Mike) E. Batts is a CPA and the managing partner of Batts Morrison Wales & Lee, P.A., an accounting firm dedicated exclusively to serving nonprofit organizations across the United States.

Best Practices for Avoiding Cyberliability Problems

These best practices can help prevent cyberliability problems, including data breaches.

Last Reviewed: August 28, 2024

Background

No amount of cyberliability insurance coverage can protect a church against a damaged reputation and loss of trust. That’s why it’s important to take steps to keep data breaches and other technological mishaps from happening in the first place. “Prevention is extremely important, and it doesn’t have to be that expensive,” stressed Nick Nicholaou, co-author of Church IT, Third Edition.

Something as innocent as offering free public wireless networking can get a church in trouble, according to Nicholaou.

A real-life example

Nicholaou gave an example from several years ago. A Missouri church neither password-protected nor adequately managed its open Wi-Fi by turning it off when it wasn’t needed. “There was a guy that was pulling into their parking lot in the evenings, and he was distributing child porn through their public Wi-Fi connections,” Nicholaou said. “When the FBI determined what the IP address the child porn was coming from, they knew it was such-and-such church, so they swooped in and confiscated all the computers” and the church’s servers.

Even though no one with the church was involved in the crime, the church ended up on the news and staff members lost access to their computers for months. “That was a very heavy cost for that church, and it could have been prevented very easily and for almost no cost,” he said.

Along with addressing potential hacking and cybercrimes, churches also must work hard to maintain their integrity in copying and sharing information online, said Frank Sommerville, an attorney and senior editorial advisor for Church Law & Tax. “No church would knowingly steal someone else’s property and use it in their newsletter,” he said. “But [they think], ‘Oh, it’s on the internet, so it must be free.’”

In reality, most copyright laws do apply to churches, said Susan Fontaine Godwin founder of Christian Copyright Solutions. “Many churches and church leaders have a lack of knowledge,” she said, “and they sometimes just don’t even think about the way they might be using copyrighted material, and that they could be at risk of infringement.”

“There are some exemptions which cover churches and religious organizations,” she added. “But for the most part, a church would be viewed under the copyright law pretty much in the way that any business or organization would.”

Another crucial issue for churches to take into consideration is member privacy, according to Sommerville. He cited the case of a church that posted Vacation Bible School pictures and then discovered that some of the children were part of a family in a witness protection program.

“What we recommend is, if you’re going to take pictures, whether it’s broadcasting your Sunday services or Sunday school activity, you post signs in your parking lots and at your entrances,” advised Sommerville, noting that “the signs give people an opportunity to turn around and go home if they don’t want to be photographed or recorded.”

Jeremy Thompson, an information security expert, offers these tips:

Engage third parties to host payment information and Social Security numbers

Utilize established firms who have an established presence. Do not look to be anyone’s biggest customer. Find someone for whom these transactions are a core competency. It may be your local financial institution, it may be a niche-specific provider, or it may be a nationwide presence, like PayPal.

Use strong security defense tools to protect your device and data

Enabling software firewalls on your device will help fend off hacking attempts and use of encryption for sensitive data is the best method to protect it, especially if the data must be stored on a computer by a church staff member (for example, a youth pastor who needs to bring medical information about youths on his laptop for a missions trip overseas).

Keeping antivirus, anti-malware up to date and having a personal firewall enabled are the bare minimum tactics you should always consider when connecting to a public network or internet.

Ensure all software has current security patches or fixes applied. Use strong passwords on all laptops and desktop computers, and ensure all accounts have strong passwords. When possible, utilize multifactor authentication, such as a fingerprint swipe or “soft token,” and use disk encryption to protect sensitive information.

Educate staff to exercise caution when opening and clicking through email

Be suspicious of email you aren’t expecting, either based on the sender or content. Do not click on unfamiliar links. If you have doubts, follow up with the sender via a separate, new email (not a reply) or via phone to verify the legitimacy of a request. Follow the safety practices outlined by the National Cyber Security Alliance.

Develop prayer request distribution best practices.

Keep any personal or sensitive details out of the distributed prayer request. Do not pass along anything other than publicly available information without written consent. (You can learn more about privacy rights at PrivacyRights.org.)

Establish or enforce a social media use policy.

A social media policy should include a list of do’s and don’ts to guide acceptable behavior. It should specify who can publish content on the church’s behalf. It should give guidelines as to the use of parishioners’ names or sensitive information. Social media are more akin to a press release rather than a church newsletter, so keep in mind that your messages and posts may be read by the general public, as well as your members.

Related Topics: |

Beware of This “Donor” Scam

Why a refund request for a donation should ring alarm bells.

Last Reviewed: May 8, 2025

Imagine this:

A very kind but anxious fellow named Tom calls your finance office and says he accidentally donated $5,000 to your church when it should’ve only been $50.

Tom says he’s on a fixed income. He pleads for the church to refund him the $4,950 difference. The church checks its online gifts and sure enough, there it is: an online ACH gift from Tom, a new donor, in the amount of $5,000.

Having verified the donation, the church refunds the $4,950 via ACH.

Two days later, the bank alerts your church that the initial ACH for $5,000 from Tom was rejected for insufficient funds, and issues a chargeback against the church’s bank account for the $5,000.

And since Tom’s phone number is suddenly disconnected, your church realizes it has been scammed.

This happens all the time to American nonprofits. There are variations to this scam–maybe someone puts a check in the offering plate, waits until it’s been deposited, then calls the church to claim they wrote it for the wrong amount, and asks for an immediate electronic refund.

But the scam is rooted in the lag time between when a payment is made and when it clears the banking system.

Be Alert to Unusual Refund Requests

Refund requests for charitable contributions should raise immediate red flags. These requests are highly unusual because:

  • A donation typically involves giving up ownership and control of the funds.
  • Nonprofits are not free to return contributions simply because a donor asks.

Example:
Imagine a donor gives a large sum that’s used for a major initiative. If they later request a refund, the organization could be left in a serious financial bind. If this became common practice, nonprofits would struggle to function effectively.

When a Refund May Be Appropriate

There are rare cases when a refund might be justified—such as when a donor accidentally gives more than intended. In such situations, the organization may have a moral (and possibly legal) responsibility to correct the mistake.

But proceed with caution:

  • Confirm the error was truly accidental.
  • Ensure the organization itself isn’t being targeted by a scam.

How to Protect Your Organization

To reduce risk, take these simple but effective steps:

  1. Create a dedicated team to manage donation refund requests.
  2. Train the team on common refund scams and red flags to watch for.
  3. Never issue a refund until the original funds have:
    • Fully cleared the banking system, and
    • Been confirmed as settled and secure.

Final Thought

A clear policy and basic awareness go a long way. By staying vigilant and enforcing proper procedures, your organization can avoid falling victim to donation refund scams.

Michael (Mike) E. Batts is a CPA and the managing partner of Batts Morrison Wales & Lee, P.A. (BMWL), an accounting firm dedicated exclusively to serving nonprofit organizations across the United States. Danny A. Johnson is CPA partner on the audit and assurance team at BMWL.

We’ve used a combination of AI and human review to make this content easier to read and understand.

Church Employment and Ecclesiastical Abstention: A Key Legal Case

A federal court case highlights the balance between church employment practices, Title VII protections, and the ecclesiastical abstention doctrine. Discover key legal insights and best practices for handling doctrinal and moral terminations.

Last Reviewed: January 28, 2025

Background

A federal judge in March 2019 dismissed a lawsuit that was brought against an Alabama church after it fired a pregnant woman who worked as a custodian in the church’s daycare.

In the lawsuit and related testimony, the woman contended she was fired because she was pregnant, a discriminatory act barred by Title VII of the Civil Rights Act of 1964.

Fired for behavior, not pregnancy

Church and daycare officials said the firing was not based on the woman’s pregnancy, but rather, her violation of its policies pertaining to sex outside of marriage, as well as efforts by her to “sow discord” among other workers.

The church initially filed a motion to have the lawsuit dismissed under the “ecclesiastical abstention doctrine.”

The doctrine, which has developed through court decisions interpreting the First Amendment, essentially prevents civil courts from intervening in disputes that would require those courts to evaluate theology, church discipline, or moral standards.

But US Magistrate Judge Herman Johnson Jr. denied that motion, indicating he believed enough facts existed in the case to allow a court to make a decision without requiring it to evaluate theological or moral standards.

Hammar’s analysis

As attorney and senior editor Richard Hammar noted in his analysis of the judge’s decision, even though the “ecclesiastical abstention doctrine generally bars the civil courts from reviewing a church’s termination of an employee based on a violation of church doctrine, the courts are not prevented from ensuring that this was the actual basis for the church’s decision, rather than a pretext.”

With the case set to move forward, the church then filed a motion to have the lawsuit dismissed under a federal court rule that allows a judge to evaluate the undisputed facts in the case in the manner most favorable to the “nonmoving party”—in this case the woman—and determine whether it should still proceed.

Again, the church argued the ecclesiastical abstention doctrine should apply because it believed the firing was based on a moral violation. With this motion, Judge Johnson determined the dismissal of the lawsuit was appropriate.

“After reviewing the evidence before the court, [the woman] fails to establish that a reasonable factfinder may determine [the church] fired her because of her pregnancy,” the judge wrote.The judge also explained:“[T]he ecclesiastical abstention doctrine incites the subject matter jurisdiction of the court to adjudicate [plaintiff’s] claim. … [T]he facts regarding the ecclesiastical abstention determination comprise the same facts governing the Title VII pregnancy discrimination claim. … [T]he court’s authority to exercise subject matter jurisdiction over [the woman’s] claims turns on whether there exists any evidence in the record—taken in the light most favorable to [the woman] and according due regard for any genuine issue of material fact—that would enable a reasonable factfinder to determine [the church] discharged [the woman] because of her pregnancy rather than its religious doctrines. Based on the following analysis, there exists no such evidence.”

The Church Law & Tax Take

Before any church fires a nonministerial employee for a doctrinal or moral violation, it should consult with legal counsel.

Additionally, church leaders should review the specific facts highlighted in Judge Johnson’s opinion to make certain these types of policies and practices are consistently followed and/or observed with all nonministerial employees:

Fact 1

During the meeting in which the woman was fired, church officials specifically told her the church was “discharging her because she violated religious doctrines regarding sexual conduct and cohabitation outside of marriage,” the judge wrote.

Fact 2

While the woman contended she was told the termination was based on her pregnancy, she could not remember any other facts about the conversation and could not contradict or impeach the church officials’ testimony regarding the violation of religious doctrines. Additionally, the woman described a sense of “moral condemnation” after her discharge, which the judge believed reinforced the basis of the firing was the violation of religious doctrine, not “for merely being pregnant.”

Fact 3

Prior to the termination, the daycare director spoke with the woman and the conversation included a statement about the Bible’s position on premarital sex, serving “as a strong indication that religious doctrine underlies [the church’s] justification,” the judge said.

Fact 4

The church’s director of childcare, who was involved with the termination meeting, recorded a “near-contemporaneous account” of that meeting, which the judge found to contain further evidence supporting the church’s rationale.

Fact 5

The church offered evidence it previously fired employees—both “male and female, pregnant and non-pregnant”—who were engaged in sexual misconduct. The church also offered evidence of other women it employed who were married, became pregnant, and did not lose their jobs. This evidence showed the church’s actions occurred because of “behaviors it deems immoral, not evidence of impermissible gender discrimination based upon pregnancy,” the judge wrote. Also, to further scrutinize moral behaviors, such as sex before marriage, the judge said, would require the court to analyze the church’s religious doctrine, violating the ecclesiastical abstention doctrine.

Fact 6

Lastly, the woman signed a document during the application process that included the church’s “spiritual requirements for employment.”

To go deeper on employment discrimination issues, check out attorney and senior editor Richard R. Hammar’s Pastor, Church & Law, Fifth Edition.

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

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

Protecting Youth in the #MeToo Era

In this one-hour event, attorney Richard R. Hammar—author of the Reducing the Risk child abuse

Loading the player...

In this one-hour event, attorney Richard R. Hammar—author of the Reducing the Risk child abuse prevention program for churches—joins editor Matthew Branaugh to discuss the screening, selection, and supervision measures churches must implement to maintain safe and effective youth ministries.

As public awareness of child and youth sexual abuse continues to expand, particularly through the highly visible #MeToo and #ChurchToo movements, church leaders must remain vigilant in their efforts to reduce and eliminate vulnerabilities that can bring harm to children and youth.

The presentation includes processes to use when screening and selecting staff and volunteers who work with youth, as well as supervision measures, including policies and guidelines for transportation, overnight events, and social media and mobile device interactions, as well as counseling.

Taking a Church Vote in 5 Easy Steps

What you need to know to keep a meeting moving along.

Chairing a meeting is harder than it looks. And at times parliamentary procedure doesn’t make that job any easier. Keeping track of what motion is on the floor and who to recognize next is tough. Taking a vote the proper way might seem like a luxury.

Well, as a professional, I’m here to tell you it’s not. Following a pattern and using consistent language to take a vote can do wonders to move your meeting along. Here’s a tried-and-true method.

Voting Step 1: Tell members that it’s time to vote.

Once discussion is over, give the members a heads-up that it’s voting time.

Say this: “There is no further discussion. We will now take a vote.”

Voting Step 2: Tell members what motion they’re voting on.

This is a necessary but often-skipped step. I know you think that members are so entranced by the floor debate and your flawless leadership skills that they know precisely what motion is on the floor for a vote. Let me tell you—they may be looking at you, but they’re thinking about their fantasy football team, not the meeting. So, help everyone out and remind members what they’re voting on before you ask them to vote.

Say this: “The motion on the floor is that we hold a bake sale on January 31 to raise funds for the local homeless shelter.” OR “We are voting on the following motion: that we hold a bake sale on January 31 to raise funds for the local homeless shelter.”

Voting Step 3: Ask members who is in favor of the motion and who is opposed.

You’ve told everyone it’s time to vote and what they’re voting on. Now, ask them to vote.

Say this: “All those in favor, say ‘aye.’ All those opposed, say, ‘no.’” OR “All those in favor, please rise. Be seated. All those opposed, please rise. Be seated.”

(P.S. Read my earlier post to make sure you don’t screw up this step.)

Voting Step 4: Announce the results of the vote.

Tell members who won.

Say this: “The ‘ayes’ have it, and the motion is adopted.” OR “The ‘nos’ have it, and the motion is not adopted.”

Voting Step 5: Announce the effect of the vote.

This step just clarifies what will happen as a result of the vote. All you have to do is tell people whether you will or won’t be doing what the motion said.

Say this: “We will hold a bake sale on January 31 to raise funds for the local homeless shelter.”

Maybe you read these steps and think, overkill—as in, this will take forever and complicate life.

Well, before you write it off, can you just give it a try? Obviously, it’s more words than just saying, “Ok, let’s vote. Who’s in favor? Awesome. Let’s have a bake sale.” But I promise, the extra words are worth it because they keep everyone on the same page, saving you the trouble of getting everyone caught up, especially the guy who was thinking about his fantasy football team. And the consistency of the wording sets your members at ease because they know what to expect. Process helps everyone.

This post first appeared on The Law of Order. Used with permission.

Related resource: Church Governance: What Leaders Must Know to Conduct Legally Sound Church Business

Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.

Unpaid Church Payroll Taxes: A Hidden Liability for Churches and Leaders

A recent case in the for-profit world underscores the potential threat.

“A company’s CFO is liable for its past-due employment taxes,” a court says.

He had control over the company’s bank account and oversaw all aspects of the firm’s operations and finances, including payroll, tax return preparation and personnel matters.

The man also knew that the firm failed to deposit payroll taxes and file tax returns when due. He had check-signing authority and paid creditors before the IRS. That makes him liable for the tax shortfall” (The Kiplinger Tax Letter, Feb. 8, 2019).

The Church Law & Tax Take

The case referenced by The Kiplinger Tax Letter involved a motion for summary judgment by the government against the company’s CFO, a certified public accountant who was caught in 2009 embezzling from the company. The CFO’s actions resulted in more than five years of unpaid payroll withholding taxes by the company, or more than $11 million total. Throughout the scheme, the CFO told the company’s board the company was financially strong and meeting all of its tax obligations.

The CFO was charged with first-degree felony theft of property worth over $200,000 in 2013, pled guilty, and was sentenced to 10 years in prison.

$4.3 million in penalties

Separately, the IRS instituted $4.3 million in penalties against the company’s founder, indicating he faced personal liability as a “responsible person” of the company.

The estate of the founder, who had since died, legally challenged the penalties, prompting the government to file a counterclaim naming both the founder and the CFO. Earlier this year, a federal district court in Texas found the now-imprisoned CFO was a “responsible person” and ruled his “failure to pay taxes was willful,” making him responsible for the $4.3 million, plus interest.

Why is this issue relevant to churches?

The IRS watches this issue closely, doling out billions of dollars in fines and penalties for unpaid employment taxes every year. This means pastors and church board chairs must make certain all employment-related taxes are being withheld and remitted, on time and in full, every quarter. Failure to do so can lead to fines and penalties for both churches and individuals alike.

Get more help on payroll matters through CPA Elaine Sommerville’s book, Church Compensation – Second Edition: From Strategic Plan to Compliance.

Could You Raffle Away Your Tax-Exempt Status?

Insights on a common misconception that gaming is a “charitable” activity

Last Reviewed: October 30, 2024

Congregations that raise funds through raffles, bingo nights, or other games of chance would be wise to familiarize themselves with IRS Publication 3079, “Tax-Exempt Organizations and Gaming.” Here is an excerpt that specifically addresses 501(c)(3) organizations—including churches:

An organization may qualify for exemption under IRC Section 501(c)(3) if it is organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the purposes of testing for public safety, fostering national or international amateur sports competition or preventing cruelty to children or animals. To be exempt under Section 501(c)(3), an organization must engage in activities that accomplish one or more of these purposes. Examples of Section 501(c)(3) organizations include schools, churches and non-profit hospitals.

A common misconception is that gaming is a “charitable” activity. There is nothing inherently charitable about gaming. It is a recreational activity and a business. Although a charity may use the proceeds from gaming to pay expenses associated with its charitable programs, gaming itself does not further any charitable purpose. Thus, gaming cannot be a more than an insubstantial purpose of a 501(c)(3) organization. . . .

An organization puts its exempt status in jeopardy when gaming results in inurement or prohibited private benefit to individuals, or where funds from the activity are diverted for private purposes.

A charity conducting gaming as an insubstantial part of its activities will not ordinarily jeopardize its tax-exempt status but may be subject to the tax on unrelated business income. . . .

The IRS determines whether an organization is conducting a “substantial” unrelated activity by examining all the facts and circumstances. There is no “bright-line” or numerical test prescribed by the [Internal Revenue Code]. The IRS will consider the dollars raised by and spent on an unrelated activity as well as the time and other resources devoted to it in making the determination of substantiality.

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

Q&A: What Do We Need to Know About Outsourcing Financial Tasks?

Keep these factors mind: cost, security, and savings.

Last Reviewed: November 21, 2023

Q: My church is considering outsourcing our financial roles. If we choose to do this, what should we keep in mind as we search for the right outsourcing service?


When a church considers outsourcing its financial roles, there are a few key factors to keep in mind: cost, security, and savings.

As for the security or risk factor, you need to be aware that, in essence, you are handing your church’s bank accounts over to an outside service. But this doesn’t have to be viewed as a negative—especially if you land a reputable firm.

“Internal controls are a key area where churches are at risk,” writes Sam Yeo, a partner at ChurchWest Insurance Services, in an online article about outsourcing bookkeeping. “Having someone outside of the financial system reconciling your bank accounts, tracking and verifying your deposits and checks means there is a second set of eyes going over all of your system, increasing the safeguarding of your congregation’s resources.”

Justin Spicer, president of Empower Consulting, offered the following pointers on what a church should consider when evaluating each financial outsourcing service:

Church experience

 What kind of direct experience does the firm and its staff have in local church financial leadership, including a deep understanding of the “language of church”?

Client profile

Does the firm have a focus on serving churches, or is it a side segment of its client base? Does the service have church clients that are similar in size, budget, and financial operations to your church?

Technology

Does the service use the latest technology (cloud-based software, paperless accounting, mobile apps) and do these technologies integrate with your church’s software?

Level of expertise

Along with considering the time you might save, how much additional high-level expertise can you gain from outsourcing? I would argue that you not only want to find a bookkeeper but also a strategic partner in your ministry.

References

What do church clients say about the firm? Contact several current client references to hear about their experiences working with the firm. Again, get references from churches that are similar to your own in size, budget, and financial operations.

Cost

Does the upfront and monthly expense make sense from a cost-savings perspective (saving staff wages or reallocating current staff) and your current budget? Since the price will increase as you grow, are you willing to absorb that into your operating budget?

Regarding Justin’s thoughts on costs, I would add this advice: Look at the salary and benefits for hiring in-house staff to oversee financial operations. This easily runs from $50,000 to $150,000. That’s just the initial cost of a hire. You would also need to add in expenses such as equipment and overhead.

If you decide to pursue a service, get three bids from outsource firms. Vet the firm to ensure that each one has the highest caliber of leaders and proven integrity. Compare the costs. Then compare the “ease of use.” Will you be able to get a check cut quickly? Can you easily get reports?

Finally, you will still need a team to count and deposit the offering, unless you pay a bank to do this.

David Fletcher has more than 35 years of experience as a pastoral leader in churches. In 2003, he founded XPastor, a resource website for executive pastors, and XP-Seminar, an annual church leadership conference.

What Are the Penalties for Pastors Who Do Not Pay Taxes?

Discover the penalties pastors face for not paying taxes and how to avoid legal and financial consequences.

Last Reviewed: January 17, 2025

Q: A minister on staff at our church has never filed a federal tax return. What are the consequences?


Why Some Pastors Don’t File Taxes

It’s not uncommon for ministers to misunderstand their tax responsibilities. Some believe they are exempt from taxation, while others are unaware of specific tax rules, such as the exemption of clergy wages from income tax withholding. Ministers must either elect voluntary withholding by filing IRS Form W-4 or prepay their taxes using the estimated tax procedure (Form 1040-ES).

Failing to file can result in substantial tax debt and penalties. Below is a summary of the consequences pastors may face for not filing or paying taxes.

Penalties for Not Filing Tax Returns

Failure-to-File Penalty

  • The penalty is 5% of the unpaid taxes for each month or part of a month that a return is late, up to a maximum of 25% of the unpaid tax.
  • If the failure to file is due to fraud, the penalty increases to 15% per month, up to a maximum of 75% of the unpaid tax.
  • If a return is filed more than 60 days late, the minimum penalty is the smaller of $210 or 100% of the unpaid tax.
  • Reasonable cause, not willful neglect, can exempt pastors from this penalty.

Failure-to-Pay Penalty

  • The penalty is 0.5% of unpaid taxes for each month or part of a month after the due date, up to a maximum of 25% of the unpaid tax.
  • If a notice of intent to levy is issued, the penalty increases to 1% per month starting 10 days after the notice.
  • The penalty doesn’t apply during the automatic six-month extension if at least 90% of the tax liability was paid by the due date.
  • Reasonable cause can also exempt pastors from this penalty.

Combination of Penalties

If both failure-to-file and failure-to-pay penalties apply, the failure-to-file penalty is reduced by the failure-to-pay penalty for the same months. However, for returns filed more than 60 days late, the minimum penalty applies.

Criminal Penalties for Tax Evasion

In addition to civil penalties, failing to file tax returns may lead to criminal charges if there is a willful attempt to evade taxes. Tax evasion is a felony and carries severe penalties:

  • A fine of up to $100,000.
  • A prison sentence of up to five years.
  • Both a fine and imprisonment in some cases.

Criminal penalties require an affirmative act, such as filing a false return. Omissions alone are generally insufficient for prosecution. Most pastors face civil penalties rather than criminal charges.

Importance of Filing Taxes Correctly

Filing taxes correctly and on time is critical for pastors to avoid penalties and interest. The services of a qualified CPA can help ensure compliance. Churches should also educate clergy on the quarterly estimated tax procedure to prevent future issues.

FAQs About Penalties for Pastors Who Do Not Pay Taxes

Are pastors exempt from paying taxes? No, pastors must pay taxes on their ministerial income unless they qualify for specific exemptions, such as a housing allowance. Can pastors avoid penalties by claiming reasonable cause? Yes, if they can demonstrate a valid reason for not filing or paying taxes on time, they may avoid penalties. What happens if a pastor files taxes late but pays the full amount owed? They may still face a failure-to-file penalty, though the failure-to-pay penalty would not apply if the full amount was paid. Should churches educate clergy on tax requirements? Yes, educating clergy about tax filing and payment procedures helps avoid misunderstandings and potential penalties.

Conclusion

Failing to file or pay taxes can have serious consequences for pastors, including substantial penalties and possible criminal charges. Churches should ensure that their clergy understand their tax obligations and provide resources or access to tax professionals to help them stay compliant. Proactive measures can prevent financial and legal difficulties in the future.

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

When the Church Office Closes for Bad Weather, Does Everyone Get Paid?

The legal—and logical—considerations regarding how to handle an office closure.

Last Reviewed: January 31, 2025

Winter weather advisories always urge caution when dealing with snow, gusty winds, ice, and bitter cold.

But how should churches address inclement weather issues for their employees? And are employees entitled to pay for time missed due to bad weather?

Combine caution and common sense

As an overarching human resources matter, caution and common sense must be practiced when it comes to inclement weather situations.

  • No employer should expect employees to risk life and limb to get to the office.
  • It may be prudent to cancel or postpone program activities, too.
  • Watching the weather forecast and staying attentive to public service announcements (e.g., school closings, public transit schedule adjustments) should help church leaders make responsible decisions.
  • Remote-working options can help as well, with employees handling tasks from home through available technology.

Understand employee classifications

With respect to employers’ pay obligations, three key factors apply: (a) whether the employees are “exempt” or “nonexempt” under the federal Fair Labor Standards Act (FLSA) and comparable state laws, (b) whether the employer is open for business, and (c) whether money matters more than morale.

The FLSA distinguishes between exempt and nonexempt employees.

To be classified as “exempt,” an employee must (a) be paid a salary, (b) of at least $455 per week, and (c) have certain skills or duties (e.g. executives, professionals, or administrative employees who regularly exercise discretion over significant matters—this is known as the “white-collar exemption”; but also note how the “ministerial exception” plays a role for certain positions).

All other employees are considered “nonexempt,” and are entitled to overtime pay and other legal protections.

On inclement weather days, exempt employees are slightly better off than nonexempt employees. The key difference is that nonexempt employees are entitled to pay only if they work, unless the business is closed.

Exempt employees, on the other hand, are entitled to pay regardless of the circumstances.

One common mistake churches make is to improperly deduct pay for exempt employees, essentially giving them unpaid leave for missed work. At least theoretically, a risk may then arise that employees may be reclassified as nonexempt based on such a pay modification. That’s why it’s better for churches to make certain that exempt employees receive their regularly scheduled compensation.

Requiring PTO in exchange for office closures

Some churches might consider making all employees to take paid leave as a result of an office closure.

Legal considerations aside, this may be a very unpopular decision.

Accordingly, churches should adopt an inclement weather policy. The policy should:

  1. 1) provide clear guidelines addressing potential use of paid leave;
  2. 2) address pay deductions for nonexempt employees’ missed work, and perhaps even offer extra paid “snow,” “cold,” or other inclement weather days when appropriate.
Sally Wagenmaker is a partner at Wagenmaker & Oberly, a law firm serving nonprofit organizations across the nation with offices in Chicago and Charleston, South Carolina. She provides legal counsel in corporate, tax, employment, and real estate matters for clients, including churches and other religious organizations, social service providers, and schools. Sally is the current president and board chair of Christian Legal Society.
Sally Wagenmaker is a founder and partner in the Chicago office of Wagenmaker & Oberly, a law firm serving churches and nonprofits nationwide. Wagenmaker currently serves as president of Christian Legal Society.

Does Your Church Have a Capital Reserve Account?

Setting and building a capital reserve account fund can help your church prepare for inevitable future expenses.

A capital reserve account is one that is established to save money in a designated account to pay for a major capital expenditure (replacement, repurposing, and so on) when an expensive item’s effective life is over.

For example, the average life of your church’s HVAC systems may be 15 years. If you spend $100,000 on a new HVAC system today, how much should you set aside in a reserve account to have the adequate funds to replace it in 15 years? Is it $100,000? More? Less?

Here are five considerations that will help determine future costs and develop a capital reserve account for any inevitable expenditures:

Deferred maintenance. If you have any deferred maintenance, you must develop a plan to bring things current based on their age and expected life. If that is not done prior to developing the ongoing capital reserves, you will always be playing catch up.

Current replacement value. What would it cost today to replace the item?

Expected life. How many years of life are still expected from this item?

Annual inflation. As you look at the economic environment, what percentage of annual inflation would be prudent to plan on?

Annual budget. Based on the above four considerations, how much money should be set aside every year?

Adapted from 5 Intentional Steps to Establish a Capital Reserve Account, an eBook from the Cool Solutions Group.

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

Church Board Member Removal: Handle With Care

Avoid potential litigation and internal strife with proper bylaws, policies, and procedures.

Last Reviewed: July 24, 2025

When Conflict Arises

One of the toughest challenges a church board may face is removing one of its own members—especially when the pastor, congregation, or other board members initiate the process. Unfortunately, many churches lack clear procedures, and that can lead to costly legal battles.

Real-World Example

In one case, several church members accused two board members of moral failings and demanded their removal. The board expected a quick resolution. Instead:

  • The church’s bylaws were unclear.
  • The accused members saw the move as personal and refused to step down.
  • Tensions escalated into a lawsuit.

After two years in court, the church was left deeply in debt and barely survived. The primary cause? An inadequate removal process in the bylaws.

Preventing Litigation and Disruption

To avoid this kind of turmoil, churches should:

  • Review their state laws, articles of incorporation, and bylaws related to board member removal.
  • Add a clearly written provision to the bylaws if one doesn’t exist.
  • Address this issue while the board is stable—not during a crisis.

Why Remove a Board Member?

Reasons for removal can include:

  • Health or job issues affecting a member’s ability to serve
  • Departures from church doctrine or lifestyle standards
  • Personality conflicts that disrupt board function

Most churches rarely face this issue. Often, members serve short terms (1–3 years), or willingly resign when asked. But when they don’t, problems can escalate quickly.

What State Law Says

When bylaws are silent, state nonprofit laws apply. These laws vary by state and fall into three categories:

1. Removal for Any Reason

Some states allow:

  • The group that elected a board member (either the board or the congregation) to also remove them, for any reason.
  • A simple vote—no cause required.

This is the simplest approach and minimizes legal risk. It aligns with the Model Nonprofit Corporation Act, followed by many states.

2. Removal for Cause Only

Other states allow removal only for specific, serious reasons, such as:

  • Mental incompetence (as declared by a court)
  • Felony conviction
  • Chronic absence from meetings
  • Failure to meet membership standards

But what qualifies as “cause” under these laws may not include doctrinal or lifestyle concerns—issues that are often critical for churches.

3. No Guidance at All

Some states offer no rules at all. In those cases, churches face legal uncertainty unless their bylaws clearly address removal procedures.

Why Bylaws Matter

State laws typically act as default rules. Churches can override them by writing their own standards into their bylaws or articles of incorporation.

A well-crafted bylaw provision:

  • Provides clarity for both the church and the courts
  • Helps prevent drawn-out conflicts
  • Aligns with the church’s governance needs

Drafting Bylaws for Two Audiences

Church bylaws must speak to:

  1. Church leaders, who will apply them
  2. Courts, who may need to interpret them

Vague spiritual language—like removing a member for “ungodly behavior”—can be difficult for courts to enforce.

Instead, bylaws should:

  • Specify who makes the decision (e.g., the pastor, after counseling)
  • Describe the process clearly
  • Avoid requiring courts to define religious standards

This approach allows courts to defer to church leadership without violating First Amendment protections.


Three Approaches to Board Member Removal

Churches typically use one of three approaches in their bylaws:

1. Removal by the Membership

This is most common when members elect the board.

Pros:

  • Aligns with congregational polity
  • Reflects the authority of the church body

Challenges:

  • Members may lack access to sensitive information
  • Difficult to make factual determinations in disputes
  • Annual meetings may delay action

Best Practices:

  • Allow removal for any reason, not just “cause”
  • Include provisions for special meetings with adequate notice
  • Avoid requiring the congregation to determine whether standards were violated

Model Language:

“The membership of the church may remove, with or without cause, one or more board members at a meeting of the church membership.”

Or:

“The membership of the church may remove one or more board members at a meeting of the membership for the following reasons: [list cause].”

Notice Requirements:

  • Notice must be provided at least two weeks in advance.
  • Include the date, time, location, and purpose of the meeting.
  • Clearly name the board member(s) whose removal will be considered.

Avoid ambiguous terms like “posted notice.” Use precise language (e.g., “publication in the church newsletter”).

Member Rights:

  • State whether the board member may attend and speak before the vote.
  • This adds fairness and transparency—even if tensions are high.

2. Removal by the Board

This is common in churches without a membership model. The board is “self-perpetuating” and governs itself.

Pros:

  • Efficient decision-making
  • Board members are often well-informed and meet frequently

Risks:

  • Can be politicized in divided boards

Safeguards:

  • Add removal standards, such as:
    • Excessive missed meetings
    • Doctrinal or lifestyle conflicts
    • Criminal conduct
    • Disruptive behavior

Optional Strategy:

  • Use shorter board terms (e.g., one year) to reduce the need for mid-term removals.

3. Removal by a Designator

Though less common, this approach can be useful.

A designator could be:

  • A denominational leader
  • A nominating committee
  • A specific individual or group

Advantages:

  • Brings outside expertise and objectivity
  • Can focus on spiritual concerns, not politics
  • Reduces conflict of interest

Cautions:

  • Avoid giving too much power to one person
  • Use a group to ensure accountability

Final Thoughts: Prepare Before Problems Arise

Disputes over board member removal can be painful and divisive. Often, the issue is resolved when a board member steps down voluntarily. But that’s not always the case.

Every church should:

  • Develop a clear bylaw provision for removal
  • Ensure the provision aligns with state law and church polity
  • Review and update governing documents before conflict arises

Doing so protects the church, its mission, and its people from unnecessary risk and damage.

We’ve used a combination of AI and human review to make this content easier to read and understand.

Minimizing the Risks of Child Molestation in Churches

Our checklist can help your church protects the most vulnerable members from abuse and molestation.

Last Reviewed: July 28, 2025

From a 5-Step to a 14-Step Approach

For years, I followed a five-step process to help prevent child sexual abuse in churches:

  • A written application
  • An interview
  • Reference checks
  • A six-month rule (no one may serve in youth or children’s ministry unless they’ve been a church member for at least six months)
  • A two-adult rule (no child should be alone with one unrelated adult)

Later, I added a sixth precaution: criminal background checks using national databases and sex offender registries.

Now, based on recent legal cases, public sentiment, and best practices, I recommend a 14-step plan to reduce the risk of abuse more thoroughly.


14-Step Plan to Protect Children in Church Settings

Key Point: These steps are designed first and foremost to protect children—not just to manage risk. Churches that prioritize safety over liability tend to maintain better long-term compliance.

1. Conduct Interviews

Interview all applicants—both paid and volunteer—who seek to work with children or youth. Interviews offer a chance to:

  • Explore backgrounds
  • Assess fit for ministry roles
  • Clarify expectations

2. Require Written Applications

Applications should include:

  • Full name and address
  • List of youth-serving organizations where the applicant has volunteered or worked
  • Explanation of any criminal convictions
  • At least two personal references

3. Obtain Institutional References

The most reliable references come from organizations where the applicant previously worked with minors.

  • Ask if the applicant is known to pose a risk to children.
  • If institutional references aren’t available, collect personal references—preferably from church members or trusted community members.
  • For pastors, references from denominational offices or previous churches are best.

If you don’t receive a written reply, call the reference and document:

  • Who was contacted
  • Date and time of contact
  • Questions asked
  • Summary of the conversation
  • Names of both caller and witness (if applicable)

🛑 Caution: Some states require criminal background checks for childcare workers. Check with legal counsel for state-specific rules.

4. Follow a Six-Month Rule

Only allow volunteers who’ve been church members for at least six months to serve with children. This gives time to evaluate their behavior and motives.

5. Benchmark Your Policies

Compare your procedures to those of:

  • Public schools
  • Charities like the YMCA, Boy Scouts, and Girl Scouts

Aligning with these organizations can help demonstrate that your church is acting reasonably.

Have an attorney periodically review your safety policies to ensure they meet legal standards and best practices.

7. Enforce a Two-Adult Rule

No minor should ever be alone with one unrelated adult on church property or during church activities.

Note: Some churches follow public school models, allowing one adult with multiple children in a classroom during regular hours. This is generally seen as legally acceptable.

Examples of violations:

  • A tent shared by one adult and three boys during a church campout
  • A youth pastor driving one teen home alone after an event

8. Conduct Criminal Background Checks

Run a nationwide search of:

  • Sex offender registries
  • National criminal records

🚫 Never allow individuals on a sex offender registry to serve with minors.

If uncertain about a conviction, use public school eligibility as your standard.

9. Report Known or Suspected Abuse Promptly

Know your state’s child abuse reporting law. In many cases, reports must be made within 24 hours.

Always report if you have reasonable suspicion.

Benefits of prompt reporting:

  • Legal compliance
  • Avoids criminal and civil penalties
  • Protects victims
  • Helps flag abusers for other churches and organizations
  • Reduces public backlash if additional abuse occurs

📝 Document your report. Include the date, agency, name of reporter, and a witness if possible.

Key Point: You’re not required to investigate—only to report suspected abuse.

10. Confront High-Risk Behaviors Immediately

Watch for these grooming behaviors:

  • Minors spending unsupervised time at a leader’s home
  • Sleepovers at a leader’s home or hotel
  • One-on-one car rides or trips with unrelated minors
  • Gift-giving to unrelated minors

Shut these behaviors down immediately.

11. Monitor Social Media Use

Prohibit private messaging between youth leaders and unrelated minors.

✔ Check with local school districts to understand their policies on adult–minor communications.

12. Use Video Technology

Install cameras in high-risk areas to:

  • Deter abuse
  • Protect staff from false accusations

Best camera locations:

  • Nursery areas (where young children who may not be old enough to report abuse can be monitored)
  • Hallways outside children’s restrooms

13. Provide Regular Training

Train volunteers and staff on:

  • Identifying abuse
  • Reporting abuse
  • Your church’s prevention policies

Invite experts from child abuse hotlines or prosecutors’ offices to support your training.

14. Prevent Negligent Supervision

Even with proper screening, churches can still be liable for poor supervision.

Avoid negligence by:

  • Locking unused rooms
  • Installing windows on all doors of all nursery rooms, Sunday school rooms, and youth ministry rooms
  • Using video monitoring
  • Maintaining adequate adult supervision
  • Enforcing the two-adult rule
  • Only releasing minors to approved adults
  • Being extra vigilant during off-site activities
  • Barring sex offenders from all youth and children’s events

Key Point: Reframe these steps as child protection—not risk management. When leaders are motivated by care rather than liability, compliance is stronger and more consistent.


Legal Case Example: Andrews v. Cronin (Mass. Super. 2018)

The Massachusetts Supreme Judicial Court ruled that a Catholic diocese could be held liable for negligent supervision and retention, though not for negligent hiring.

Case Summary:

  • A priest took two altar boys on multiple overnight trips where he allegedly molested them.
  • The boys later sued the diocese for failing to stop the abuse.

Findings:

  • The diocese was not liable for negligent hiring—there was no evidence of prior abuse.
  • The court found sufficient evidence that the bishop “should have known” about the priest’s ongoing contact with the boys and failed to intervene.

Key Takeaway: Churches can be held liable if they fail to act on warning signs, even if the initial hire seemed appropriate.


The Growing Public Outrage

Public anger toward churches mishandling abuse claims has intensified. Three recent developments illustrate this shift:

1. Pennsylvania Grand Jury Report (2018)

Investigated abuse in six Catholic dioceses:

  • Found 300+ predator priests
  • Identified 1,000+ known child victims
  • Triggered a federal investigation and calls for mass resignations

2. Brooklyn Diocese Settlement (2018)

The diocese paid $28.5 million to four men abused by a priest—one of the largest per-victim settlements ever.

3. Federal Law: Protecting Young Victims from Sexual Abuse Act (2017)

Passed after hundreds of young athletes were abused in USA Gymnastics and other youth sports.

  • Spurred by victim testimony and congressional outrage
  • Reinforced the need for mandatory reporting and prevention in all youth-serving organizations

Final Thoughts for Church Leaders

Public tolerance for mishandling child abuse is gone. Today’s juries—and communities—expect churches to take strong, proactive steps to protect minors.

Now is the time to review your policies, close the gaps, and reaffirm your church’s commitment to safety.

We’ve used a combination of AI and human review to make this content easier to read and understand.

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

Does Our Church Owe Unrelated Business Income on Goods Sold?

Understand how selling certain items may affect your church’s tax burden as it pertains to unrelated business income.

Last Reviewed: January 21, 2025

Q: We are considering selling T-shirts, coffee cups, water bottles, and other items in our church’s welcome center. These items have our church logo on them. Does the logo make them “related” to our nonprofit status, or does this create unrelated business income?

Does it make a difference if the proceeds go to, say, “youth missions” versus church revenue? And lastly, do you have any insights on paying sales tax on such items?


First off, it doesn’t matter if your proceeds go toward youth missions or your general revenue budget. What matters is whether or not the items being sold are substantially related to your exempt purposes. Something does not become “related” just because you put your church logo on it.

Determining whether or not an item creates unrelated business income must be determined through an item-by-item analysis. For example, let’s say you sell a T-shirt with a scripture verse or a Christian symbol—like a cross—on it and the shirt comes with a gospel tract or instructions on how to become a Christian. The sale of a T-shirt in this manner is more likely substantially related to the exempt purposes of spreading the gospel.

Finally, sales tax is determined on a state-by-state basis. Many churches confuse the exemption from paying sales tax with an exemption from collecting sales tax. Most states do not exempt churches from collecting sales tax on taxable transactions.

If the church is required to collect sales tax, then these items will likely create a sales tax obligation. As a result, a church that conducts taxable transactions is required to have a sales tax permit. You should check with your state revenue department for the applicability of sales tax to a specific type of sale.

I advise my own church clients to get me involved early on in the process of idea development, so I can help them avoid unrelated business income. I must give you similar advice: Don’t proceed before receiving expert advice from a tax attorney who has experience with churches.

Frank Sommerville is both a CPA and attorney, and a longtime Editorial Advisor for Church Law & Tax.

How to Reduce EPLI Costs and Claims

Best practices for preventing lawsuits.

Experts agree that your church can save money on its liability insurance (EPLI) policy while lowering claims.

Reducing risk from the start

“The best way to prevent these claims is to manage employees well,” said GuideOne’s Brian Gleason. “This policy is intended to be a backstop if everything should go wrong.”

Gleason recommends preventive steps starting before hiring, with a thorough application process that includes background screenings. After hiring, he recommends regular performance appraisals that allow communication about an employee’s performance and include expectations for the future.

“Clear lines of supervision are important,” Gleason said. “It helps to have a defined understanding of expectations of the employee and for the supervisor to communicate them.”

Establish clear policies and procedures

Attorney Thomas Bentz said having employment policies in place and written in a handbook format are essential. So is having someone designated to handle issues that arise. “If you can demonstrate you have these to your underwriter, they’ll be much more willing to give you a better rate,” said Bentz, who specializes in insurance law.

Attorney Nathan Adams’ practices include labor, employment, and benefits law. He said it’s important for churches to consider whether their employment practices are good and whether they’re followed consistently.

“Sometimes we’ll get calls from a client after they’ve released an employee, and you wish they would have contacted a lawyer beforehand,” Adams said. “Had they taken two or three different steps than they actually took, they might have minimized the claim or prevented it altogether. If you’ve consulted with a professional on the front end before taking adverse action, that’s usually better than waiting until afterward.”

Update policies and procedures as needed

Attorney Tiffany Releford has expertise in labor and employment law. She said claim prevention is the best way to keep EPLI premium costs low.

Releford advocates updating employee handbooks. She also suggests updating policies that prevent discrimination and harassment as well as those that address theft, fraud, and embezzlement.

“You have to think of EPLI as any other insurance,” she said. “The day you don’t have it is the day you’re going to have an issue. But you’re best served by making sure you have the correct policies in place, not just to reduce your liability but to provide you with a defense in case there is some sort of occurrence that arises.”

Brotherhood Mutual’s Steve Case agrees.

“Reducing the cost of the insurance and reducing the risk of a claim go hand in hand,” Case said. “One of the best things that ministries can do on the front end is make sure that, through their employee handbook and through their interview and hiring process, that they’re clearly communicating their sincerely held beliefs, their standards of conduct, and their behavioral expectations for their staff. They also must clearly communicate their harassment policy and their discipline policy, and reaffirm that the employment is at-will employment, that you can be terminated for any reason that’s not illegal.”

Understanding state and federal employment laws is critical for churches, said Attorney Frank Sommerville, specifically because churches aren’t the typical employers in the sense that for-profit businesses may be.

“Churches cannot assume just because they’re a church that none of the employment laws apply,” he said. “That’s just not true; all of these employment laws apply in one shape or another.”

See also:

Board Monitoring of Church Finances: What to Do—and When

A step-by-step guide for meetings.

Below is a summary of financial actions your board finance/audit committee should complete during their meetings throughout the year. It outlines a minimum of three meetings that a combined church finance/audit committee should have, and the tasks that should be completed in each meeting. Due to the amount of agenda items covered in each meeting, the board may decide to separate these into multiple meetings to shorten the agenda for each.

Tasks that should be completed by the audit committee are marked with an (A). Note that some states have laws prohibiting the combination of these two committees. If so, the duties below should be separated by committee.

It’s important to emphasize that this model assumes the committee has skilled members with a financial background. The frequency of meetings and the tasks covered in each meeting may be more or less than outlined below, depending on the number of meetings and whether the committee is combined or split out into separate audit and finance committees.

Standing agenda listing for finance/audit committee with a fiscal year-end of December 31

Reminder: Minutes should be maintained for all meetings

MEETING 1: FALL MEETING MINUTES

  1. Budget approval
  2. Approval of audit firm services, if any (A)
  3. Review and approval of miscellaneous auditor services, if any (A)
  4. Review of progress on auditor comment letter items (A)
  5. Financial reporting risk evaluation
  6. External auditor engagement scope and audit plan review, if any (A)
  7. Discussion and approval of estimates and judgments
  8. Review of internal audit report, if available (A)
  9. Review of fraud risk
  10. Review of unique transaction report
  11. Review of agreements report
  12. Review of service organization controls, if any [AICPA, Professional Standards, AU sec. 324]
  13. Review of annual conflict of interest questionnaire completed by each board member and senior managers of the church
  14. Review/approval of housing allowances for the next year (the IRS requires housing allowances to be approved by the board on a prospective basis)
  15. Review of policies and procedures in effect for determining executive compensation and benefits. (This committee would not set or suggest compensation and benefits, just monitor the system in place to review them.)
  16. Review of unrelated business income (UBI)
  17. Review of internal control cycles (including documentation) and inquiry about any significant changes
  18. Executive sessions or a session where only the board members (no management) and specific outside parties are present.
    • Financial Secretary
    • Treasurer
      Note: If any issues of concerns are raised to the committee, within its scope of responsibility the committee should cause an investigation to be made and report such to the board.
  19. MEETING 2: SPRING MEETING MINUTES
    1. Review of whistleblower activity, if any (A)
    2. Review of code of conduct for continued adequacy
    3. Review of internal control cycles (including documentation) and inquiry about any significant changes
    4. Review of override of controls
    5. Audit and accounting update
    6. Review of conflict of interest transactions
    7. Review of the internal audit function, if applicable (A)
    8. Review of master vendor report
    9. Executive sessions
      • Executive Pastor
      • Auditor’s communication with those charged with governance auditor meeting [AICPA, Professional Standards, AU sec. 380]. This occurs between assessment and final fieldwork; determine the extent of reliance on internal auditor’s work, if applicable (A).
        Note: If any issues of concern are raised to the committee within its scope of responsibility, the committee should cause an investigation to be made and report such to the board.
    10. MEETING 3: SUMMER MEETING MINUTES
      1. Review and acceptance of external auditor reports, if any (A)
      2. Evaluation of external auditor performance, if applicable (A)
      3. Review and adjustment of agenda for the next 12 months
      4. Review of the findings of any examinations by regulatory agencies (including taxing authorities, local, state, and national), if any (A)
      5. Reaffirm finance/audit committee charter
        1. Appropriate membership?
        2. Appropriate work cycle?
        3. Self-evaluation by both committees
        4. Assessment/self-evaluation by finance staff
        5. Review of loan agreements and debt covenants
        6. Review of internal control cycles (including documentation) and inquiry about any significant changes
        7. Executive sessions:
          • CIO
          • Senior/Lead Pastor
          • General Counsel
          • External Auditor (A)
            Note: If any issues of concern are raised to the committee within its scope of responsibility, the committee should cause an investigation to be made and report such to the board.
        8. Cycles control reviews
        9. Consider ways to improve these controls and whether the accounting and financial policies are adequate.
        10. Discuss during Meeting 1
        11. Assets
          Liabilities
          Net assets
          Override of controls
        12. Discuss during Meeting 2
        13. Support/Online giving
          Revenue
        14. Discuss during Meeting 3
        15. Compliance
          Unique transactions
          Fraud
          Expenses/Electronic payments
        16. Rob Faulk is partner and church and denomination services director at the accounting firm CapinCrouse LLP, which offers the Church Financial Health Index. Rob has more than 40 years of financial leadership experience in serving both for-profit and nonprofit entities, as well as more than eight years of direct ministry experience as executive pastor and CFO of large churches. He previously served with a Big Six accounting firm, where he was the lead manager on the project that developed the COSO Internal Control framework. Rob holds an MA in ministry management from Azusa Pacific University Graduate School of Theology.
Related Topics: |

The Role of Your Church Board in Providing Financial Oversight

Consider the value of strong finance and audit subcommittees with specific responsibilities.

Last Reviewed: July 24, 2025

Balancing Ministry and Management

Church boards typically focus on two key areas:

  • Faith-based governance
  • Business and stewardship oversight

Both are essential. A weakness in either can undermine the church’s overall governance.

Too often, boards lean heavily in one direction:

  • Some prioritize mission but lack fiscal discipline.
  • Others run strong operations but drift from the church’s spiritual vision.

As a former executive pastor, I’ve worked at the intersection of both. In this article, I focus on the business and stewardship responsibilities church boards must manage well.


Who’s Watching the Church’s Finances?

When I met with a new church client through my work at CapinCrouse, one of my first questions was:

“Who’s monitoring the church’s finances?”

The answers varied:

  • An elder
  • A subcommittee of the board
  • Or—alarmingly—no one

In some churches, the bookkeeper or executive pastor is tasked with oversight. But if that person is also producing or receiving the financial reports, they may lack the time or expertise to use the information strategically.

Why This Matters

Without proper review and insight:

  • Financial reporting may be incomplete or inaccurate
  • The board may lack the data needed for sound decisions
  • The church’s financial health could deteriorate silently

What to Do

Churches should:

  • Hire skilled accounting staff to manage financial records
  • Train staff to prepare reports that meet the board’s needs—timely, accurate, and relevant

What Should the Board Monitor?

Regardless of who handles the day-to-day work, the board holds ultimate fiduciary responsibility.

Key Oversight Areas

Church boards should:

  • Monitor overall financial health and trends
  • Maintain adequate reserves
  • Protect investments
  • Enforce internal controls to reduce fraud risk

Ask the Right Questions

Board members should regularly consider:

  • Are we using financial resources effectively?
  • How do we compare to similar churches?
  • What indicators should we monitor—and how?
  • Are we financially healthy?

See the “Additional Reading” section for key ratios and measurements to track.


Structuring Financial Oversight

Board structures vary, especially across denominations. Some are fixed by denominational rules; others are more flexible.

But effectiveness depends on who serves—not how many committees exist.

Who Should Serve?

Key qualifications for financial oversight roles:

  • Business owners
  • CFOs, accountants, or controllers
  • Experience with nonprofit financials
  • Understanding of internal controls

Finance Committee vs. Audit Committee

Many churches use one committee to handle both roles. But these responsibilities differ—and some states prohibit combining them.

Finance Committee Responsibilities

  • Develop and monitor the annual budget
  • Ensure regular financial statements
  • Set policies for maintaining appropriate reserves

Audit Committee Responsibilities

  • Verify that financial policies are followed
  • Confirm controls are effective
  • Oversee annual budget approvals
  • Review financial statements
  • Monitor reserve levels
  • Work with external auditors
  • Address and implement audit findings

Can One Committee Do Both?

In some churches, yes—if state law allows. But combining the roles:

  • Increases the workload
  • Can deter volunteers
  • Reduces checks and balances

Practical Alternatives

If splitting the committees isn’t feasible, consider this approach:

  • Create an Audit Committee as a subset of the Finance Committee
  • Appoint two to three Finance Committee members to serve on the Audit Committee
  • Have the Audit Committee report to the Finance Committee, which reports to the board

Important Note

  • Executive pastors and church staff should not serve on the Audit Committee
    • Their roles present conflicts of interest
    • They may attend meetings to answer questions—but should not vote or serve

Planning for Better Financial Oversight

Establishing effective financial oversight takes time and training. Medium-sized churches, in particular, may need:

  • Dedicated training for elders or committee members
  • A clear plan for gathering, presenting, and reviewing financial information

Why It Matters

When your board receives the right information—consistently and accurately—it can:

  • Monitor reserves effectively
  • Make strategic decisions
  • Steer the church toward long-term sustainability and growth

Additional Reading

For specific help monitoring and measuring key financial ratios, see these articles by Vonna Laue, CPA and Church Law & Tax senior editorial advisor:

The ratios and measurements in Laue’s article are based on metrics developed for CapinCrouse’s Church Financial Health Index.

For a summary of financial actions the board finance/audit committee should complete during meetings throughout the year, see Board Monitoring of Church Finances: What to Do—and When.”

We’ve used a combination of AI and human review to make this content easier to read and understand.

Before retiring, Rob Faulk served as partner and church and denomination services director at the accounting firm CapinCrouse LLP, which offers the Church Financial Health Index. Rob has more than 40 years of financial leadership experience in serving both for-profit and nonprofit entities, as well as several more years of direct ministry experience as executive pastor and CFO of large churches. He previously served with a Big Six accounting firm, where he was the lead manager on the project that developed the COSO Internal Control framework. Rob holds an MA in ministry management from Azusa Pacific University Graduate School of Theology.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square