Resolving Church Staff Disputes: The Role of Mediation and Arbitration

Discover the advantages of mediation and arbitration for resolving church disputes. Reduce costs, preserve relationships, and align with biblical principles by adopting a clear arbitration policy.

Last Reviewed: May 23, 2025

Disputes can occasionally arise between church employees or between an employee and the church itself. These disputes are often:

  • Costly
  • Time-consuming
  • Damaging to relationships

If an employee sues the church, the lawsuit may not be covered under the church’s liability insurance policy, due to exclusions for employment practices.


Church board members must take steps to reduce the likelihood of such conflicts.


The Case for Mediation and Arbitration

One solution worth serious consideration is mediation and arbitration.

Using informal dispute resolution methods is an idea whose time has come, especially given the deficiencies of the civil court system:

  • Litigants often leave as enemies.
  • Court delays are notorious.
  • Legal expenses can be substantial.
  • Court results sometimes feel arbitrary.

Many business corporations now use alternative dispute resolution (ADR) methods—and churches can do the same.


How Mediation and Arbitration Work

The process is straightforward:

  1. Mediation first:
    Parties agree to attempt resolving their dispute through nonbinding mediation.
  2. Arbitration if necessary:
    If mediation fails, the parties present their dispute to one or more arbitrators, who make a binding decision.

Using this approach typically results in:

  • Faster resolutions
  • Lower costs
  • Fairer outcomes

Two Additional Reasons to Consider Mediation and Arbitration

Beyond speed, cost, and fairness, churches have two additional compelling reasons to consider mediation and arbitration:

  1. Most Church Lawsuits Involve Insiders
    Many lawsuits against churches are brought by insiders—members and employees. Mediation and arbitration are particularly well-suited for these types of disputes.
  2. Scriptural Support for Internal Resolution
    In 1 Corinthians 6:1-8, the apostle Paul urges Christians to resolve disputes within the church, rather than taking them to secular courts.
    This biblical principle aligns closely with the concept of church-based mediation and arbitration.

🔹 Quick Benefits of Mediation and Arbitration for Churches

  • Faster resolutions — Avoid court delays and lengthy trials.
  • Lower costs — Save on attorney fees and court expenses.
  • Fairer outcomes — Use neutral arbitrators who understand church matters.
  • Relationship preservation — Resolve disputes without deepening conflict.
  • Scriptural alignment — Follow 1 Corinthians 6:1-8 guidance for internal resolution.
  • Insurance advantages — Coordinate better with your liability coverage.

Tip: Always involve your insurance company and legal counsel when drafting and adopting a mediation and arbitration policy.


Key Considerations When Drafting a Policy

If your church decides to implement mediation and arbitration, keep the following important points in mind:

1. Implementing the Policy

  • The best approach is for the church membership to adopt a policy as an amendment to the church bylaws.
  • Since members are bound by the bylaws, this method gives the best chance of making the policy binding.

What Types of Disputes Will Be Covered?

Decide carefully which disputes will be subject to the policy:

  • Disputes relating to church affairs?
  • Disputes between a minister and members?
  • Disputes between a minister and the church board?
  • Disputes between employees and the church?

Recommendation:
Avoid covering disputes solely between members, such as a member tripping and falling at another member’s home. These are not appropriate for church mediation and arbitration.


2. Conducting the Process

If mediation is sought and proves unsuccessful, here are key questions to address for arbitration:

  • Selection of Arbitrators:
    Typically, each side selects one arbitrator, and those two choose a neutral third arbitrator.
  • Formality of Proceedings:
    Arbitration procedures are often informal. Involvement of attorneys may be optional.
  • State Law Compliance:
    Some states have arbitration statutes that offer helpful guidance. Always consult state law.

3. Involving the Church’s Liability Insurance Company

Before adopting a policy:

  • Contact the church’s insurer to confirm whether the company will:
    • Recognize and honor the policy
    • Pay arbitrators’ awards up to policy limits

Important:
If you later change insurance companies, obtain the same assurances from the new carrier.
The policy should condition its use on acceptance by the church’s liability insurer, whoever that may be.

Also, work closely with legal counsel to draft the policy properly.


Go deeper on the mediation and arbitration processes for church disputes with this article by attorney Lisa Runquist, a senior editorial advisor, and this section of Richard Hammar’s Legal Library on arbitration for personal injuries.


A Wise Step for Church Leaders

We are living in a time of litigation explosion, and churches are not immune.
Many church-related lawsuits today are employment-related.

If you agree that civil litigation is:

  • Expensive
  • Time-consuming
  • Often arbitrary

then it’s time to seriously consider alternatives like mediation and arbitration.
As a church board member, you owe it to yourself—and to your congregation—to explore this effective method of resolving disputes.

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.

Can a Church Pay a Bonus for a Pastor’s or Worship Leader’s Creative Work?

Churches can compensate employees for creative works if payments are reasonable and based on industry standards. Here’s what to know.

Last Reviewed: January 30, 2025

Q: Can we pay a ‘bonus’ to a pastor or worship leader for a successful derivative work (i.e. a worship song or a book based on sermons) they created and the church owns?


Yes, as long as the overall compensation of the employee is reasonable

A church cannot compensate any of its employees more than a reasonable amount. A reasonable amount is determined by experts using a facts and circumstances test. This test looks at the totality of the circumstances and compares similarly situated employees working for similar employers. If an employee creates something of great value, then it is reasonable to compensate that employee based on the increased value to the employer and not just the services performed.

An example

When University of Florida professors created “Gatorade” to assist their football team, they created property that generates more than $12 million in royalties annually for the benefit of the university. It is entirely reasonable that the professors be paid a percentage of the royalties (reportedly 25 percent of the royalties received) as compensation. Their compensation far exceeds that of professors that only teach and conduct research with unknown value since they are only compensated for the value of their current services.

Another example

One of the most popular Christian songs is “Shout to the Lord,” authored by Darlene Zschech and owned by Hillsong Music, a part of Hillsong Church in Sydney, Australia. At the time of the writing of this song, Zschech was a part-time worship leader at Hillsong Church. Under copyright law, all songs written by employees within their duties are owned by their employers. According to estimates, this one song generates millions of dollars of royalties for Hillsong Music. It would be entirely reasonable to compensate a part-time worship leader a percentage of the royalties because of the value created by that one song.

I suggest that any bonus be based on comparable data. For example, if songwriters are typically compensated at the rate of 10 percent of the royalties, it would be unreasonable to give them a bonus of 50 percent of the royalties.

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

How to Receipt Charitable Contributions from Divorced Couples

Learn the proper way to receipt charitable contributions from divorced couples to maintain clear and compliant records.

Last Reviewed: January 24, 2025

How should a church receipt charitable contributions for a married couple who gets divorced during the year? Proper handling is essential to ensure compliance with tax regulations and to avoid confusion.


General Guidelines for Receipting Contributions

In most cases, apportionment of income and deductions follows the source of the income. For charitable contributions:

  • Wage income is allocated to the spouse who earned it, as reported on their Form W-2.
  • Personal deductions, like charitable contributions, are generally divided equally unless evidence shows a different allocation is appropriate.
  • If an asset solely owned by one spouse is donated, any tax implications related to that asset should be attributed to the owner.

How Churches Should Allocate Contributions

A church should generally assume that charitable contributions made by a couple prior to their divorce are split equally between the two. For example:

  • If a couple divorces in November, the total contributions made before the divorce should be divided equally.
  • Each spouse should receive a receipt reflecting 50% of the total contributions made during the year up to the time of the divorce.

This approach ensures fair allocation and simplifies record-keeping for the church.

Exceptions to Consider

There may be situations where a court order specifies how deductions should be allocated. For instance:

  • A divorce decree or property settlement may dictate a different allocation.
  • In such cases, the church should follow the court’s directives when issuing contribution receipts.

Best Practices for Churches

To ensure compliance and clarity:

  • Maintain detailed records of contributions throughout the year.
  • Consult with legal or tax professionals if court orders or unique circumstances arise.
  • Communicate with donors to clarify how their contributions will be allocated and receipted.

Conclusion

Properly receipting contributions from divorced couples is essential for accurate records and legal compliance. In most cases, an equal split is appropriate unless directed otherwise by a court. By following these guidelines, churches can navigate these situations effectively.

FAQs

Can a court override the 50/50 split rule?
Yes, a court order can specify a different allocation for deductions.

Can one spouse claim the entire contribution as a deduction?
Only if evidence shows the contribution was made solely from that spouse’s income or assets.

What if the couple made separate contributions?
The church should issue receipts reflecting each individual’s contributions separately.

Should the church consult a lawyer for these situations?
Consulting legal or tax professionals is recommended for court-ordered or complex cases.

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

Managing Restricted Funds: Guidelines for Church Gifts

Best practices for managing restricted funds and implementing policies for accepting and handling church donations.

Last Reviewed: January 24, 2025

Whether it is a car, jewelry, or real estate, every church has encountered gifts that come with challenges. Some gifts include restrictions, while others come with ongoing costs or minimal practical value. Navigating these situations effectively ensures the church remains mission-focused while managing donor expectations.

Challenges with Restricted Funds and Gifts

  • Restrictions on use or sale: Gifts with donor-imposed restrictions can delay church plans or result in incomplete donations.
  • Maintenance costs: Noncash gifts, such as property or vehicles, can lead to unexpected expenses for insurance, storage, or upkeep.
  • Donor expectations: Rejecting or disposing of gifts may risk donor relationships, especially if expectations aren’t managed upfront.

Benefits of a Gift Acceptance Policy

Adopting a formal gift acceptance policy provides clarity and guidance for handling unusual gifts. It helps the church:

  • Define acceptable and unacceptable gifts
  • Outline receipting and valuation procedures
  • Clarify disposal processes for noncash gifts
  • Ensure regulatory compliance

Key Elements of a Gift Acceptance Policy

Acceptable Gifts

The policy should specify the types of gifts the church will accept, such as:

  • Personal property, such as clothing and household goods
  • Transportation equipment
  • Real estate
  • Securities (publicly traded or closely held)
  • Jewelry and collectibles
  • Life insurance beneficiary designations

Procedures and Authorizations

A strong policy outlines procedures for gift acceptance, including:

  • Who can approve or decline gifts
  • Documentation and IRS forms, such as Forms 8283 and 8282
  • Clear processes for handling restricted gifts

Timing and Due Diligence

Timing considerations should address:

  • Deadlines for completing due diligence (e.g., environmental assessments for real estate)
  • Clear transfer of title or removal of restrictions before gift acceptance
  • Quick disposal of gifts not suitable for church operations

Receipting and Valuation

The policy should state that receipts for noncash gifts will only describe the item and not include a valuation. It should also outline accounting practices for recording and disposing of gifts.

Disposal Guidelines

Disposing of gifts thoughtfully is crucial to avoid donor conflicts. Key considerations include:

  • Real estate: Sell quickly if the property cannot be used.
  • Jewelry and collectibles: Use third-party dealers to avoid personal involvement or undervaluing.
  • Household items: Donate to other nonprofits if they don’t align with church needs.

To prevent conflicts of interest, prohibit the sale of donated items to staff or influential members.

Final Thoughts on Restricted Funds

A clear gift acceptance policy protects the church from costly obligations and ensures all gifts align with its mission. It empowers staff to navigate complex donor relationships and meet compliance standards effectively.

FAQs about Restricted Funds

  • What are restricted funds? Restricted funds are donations with specific usage limitations set by the donor.
  • Can churches refuse a gift? Yes, churches can decline gifts that are unsuitable or burdensome.
  • How should churches receipt noncash gifts? Receipts should describe the gift but not include a valuation.
  • What if a donor imposes unreasonable restrictions? Churches should clarify that ultimate decisions about gift use rest with their governing body.

For more expert advice on church finances, visit Church Law & Tax.

This article first appeared in Church Finance Today in December 2012.

Elaine L. Sommerville is licensed as a certified public accountant by the State of Texas. She has worked in public accounting since 1985.

Understanding the Minister Housing Allowance

The minister housing allowance is a vital tax benefit that clergy can use for housing expenses, reducing their taxable income.

Last Reviewed: January 2, 2025

The minister housing allowance is the most important tax benefit available to ministers who own or rent their home. This article breaks down how it works, who qualifies, and the key rules to follow to take advantage of this essential tax break.

  • Ministers can exclude a portion of their income designated as a housing allowance from federal income taxes.
  • Eligible expenses include mortgage payments, rent, utilities, and home maintenance.
  • The allowance must be designated in advance and cannot exceed the fair rental value of the home, including utilities.

What is the Minister Housing Allowance?

The housing allowance exclusion allows ministers to exclude from federal income taxes the portion of their salary designated as a housing allowance, provided:

  • The allowance represents compensation for ministerial services.
  • The allowance is used to pay for eligible housing expenses.
  • The amount does not exceed the fair rental value of the home, including utilities.

Eligible housing expenses include mortgage payments, rent, utilities, repairs, furnishings, insurance, property taxes, and maintenance costs.

Key Rules for Housing Allowance Designation

To maximize this tax benefit, it’s important to follow these guidelines:

  • No Retroactive Designation: Housing allowances cannot be designated retroactively. They must be approved in advance.
  • Documentation: Most churches base the allowance on a housing expense form submitted by the pastor to the board or compensation committee.
  • Amendments: Housing allowances can be amended during the year to reflect changes in expenses, but amendments only apply prospectively.

Who Qualifies for the Housing Allowance?

Only credentialed ministers performing ministerial services are eligible. For example:

  • Ordained, licensed, or commissioned ministers qualify if they perform ministerial duties.
  • Non-credentialed church staff (e.g., youth directors or music ministers) are not eligible, even if they perform some ministerial duties.
  • Credentialed ministers performing non-ministerial duties (e.g., bookkeeping) are not eligible for a housing allowance.

Important Considerations

There are additional factors to keep in mind:

  • Taxable Excess: The allowance is taxable to the extent it exceeds the lesser of actual expenses or the fair rental value of the home. Churches should remind ministers of this requirement.
  • Self-Employment Taxes: The housing allowance exclusion applies only to federal income taxes. Ministers must include the allowance in self-employment tax calculations.
  • Reporting: Churches are not required to report the housing allowance on a minister’s W-2 form. Some include it in box 14 (“other”), but this is optional.

FAQs: Minister Housing Allowance

1. What expenses qualify for the housing allowance?

Qualifying expenses include mortgage payments, rent, utilities, insurance, repairs, and home maintenance.

2. Can a housing allowance be amended?

Yes. Churches can amend the allowance during the year, but changes apply only to future expenses.

3. Are housing allowances subject to self-employment tax?

Yes. The allowance is excluded from federal income taxes but must be included when calculating self-employment taxes.

4. Can non-credentialed church staff receive a housing allowance?

No. Only ordained, licensed, or commissioned ministers performing ministerial duties are eligible.

The minister housing allowance is a powerful tax benefit for clergy. Churches and ministers should work together to ensure allowances are designated properly, documented thoroughly, and compliant with IRS rules.

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

Successfully Engaging Younger Generations in Church Capital Campaigns

Discover how to engage Millennials and Gen Zers in church capital campaigns with strategies that focus on authenticity, inclusivity, and meaningful giving.

Last Reviewed: May 18, 2025

Several years ago, our church faced a major capital campaign. This was the largest in our church’s history, so my wife and I were asked to meet face-to-face with key leaders.

As Karen and I drove to a coffee shop to meet a twenty-something couple in our church, I thought, This meeting may not be easy.

Mark and Debbie care so passionately about social justice, they moved into the lowest-income apartment complex in our area, and they have the bedbug bites to prove their commitment. Now we’d be asking them to give, when much of their gift would build a new sanctuary for our suburban congregation.

We warmed up by asking what Mark and Debbie thought about Sunday’s sermon, when our senior pastor kicked off the public phase of the campaign with a passionate message about God’s call to Abram to “Go.”

Mark was direct: “C’mon, just because God told Abram to go to a new land, doesn’t mean God is telling our church to go to a new building.”

Hmmm. Raising money from Millennials is not going to be easy, I realized.

Modifying the traditional campaign

Church capital campaigns follow a pattern: private phase, public phase, advance- commitment night, commitment Sunday, and so on.

While this traditional pattern has been tested over decades, it’s important to remember it was not designed by Millennials (people born roughly between 1980 and 2000) or Generation Z (people born roughly between 1997 and 2012).

In fact, many campaigns essentially write off younger generations and assume the heavy giving will be done by Generation X or Baby Boomers.

But when our church faced its campaign, it did not have that luxury: 80 percent of its adults were younger than age 40. Either Millennials got behind this campaign or we didn’t have one.

So we assertively modified the traditional campaign. This led to animated conversations with our capital-campaign consultant. But that give-and-take made the campaign right for our Millennials. It made us appreciate our consultant all the more (because she was willing to adjust traditional approaches but wisely kept us from jettisoning too much). And it led to a campaign that exceeded our expectations. Here are seven lessons we learned.

1. Provide real help for people in real need.

Millennials’ gift to the church, in my opinion, is their outward focus; they define greatness as serving others. When our church bought a 50-year-old plastics factory and wanted to raise money to renovate it for a sanctuary, classrooms, and office, we got questions. Some of our Baby Boomers worried, “Can we make a deserted factory beautiful enough to reflect our worship of God?” Some of our Millennials worried, “Will we make our own church so nice that we hurt our ability to help people in Section 8 housing?” Our campaign’s tagline was “For the Lord, the Lost, and the Least,” and Millennials were the most likely to ask about that final word.

We won over many Millennials by the undeniable fact that this factory was scrappy and that we purchased it at auction for a startlingly low price.

And, we used the campaign to increase our giving to people in need. “We are not going to build this sanctuary on the backs of the poor and the trafficked,” we said publicly. “We are not going to ask our missionaries to live on less for the next two years. Instead, at the very time when we need every dollar for this building, we are going to boost our outward giving by 26 percent.”

Millennials will dig deep as they see your church trying to “live simply so that others may simply live.”

2. Dial down the hype.

Run each statement, fact, goal, or idea you plan to communicate through a brutal-honesty filter, because the Millennial generation is conditioned to distrust the institution and to question the inauthentic.

For example, on our main campaign video, I didn’t say, “In our rented facilities now, children’s ministry is practically impossible.” Instead, I said, “While not impossible to do now, it’s kind of hard.”

This feels counterintuitive, and you may feel you’re lowering urgency, excitement, and the call to action. But authenticity is non-negotiable.

And because Millennials tend to be skeptical, it’s impossible to communicate too clearly or too exactly where all the money is going.

3. Find ways for everyone to make the team.

During our campaign I heard a fortysomething pastor from another church mock the fact that Millennials grew up on soccer teams where, at the end-of-year banquet, everyone got a trophy.

But why not let that dynamic work for you?

Most capital campaigns, to increase giving, create a culture of exclusivity. The private phase focuses on elite gatherings of high donors. That motivated Boomers—”I got on the elite team.” It bothers Millennials. In our campaign, a few Millennials asked, “Are there secret meetings?”

So in our private phase, we insisted that gatherings include not just high givers, but also high servers, people who give generously of their time. We grew the private-phase invitation list to about a third of our entire congregation. And on advance-commitment night, we didn’t restrict the event to our big givers. Instead, we invited anyone who was ready to make his or her commitment early.

Probably the simplest way and best way to ensure that Millennials won’t feel left out is to recruit some Millennials for your campaign leadership team.

4. Talk honestly about debt.

Debt is a fact of American life: for households with credit-card debt, the average is nearly $7,000. But Millennials, and Generation Z behind them, have felt the vise-grip of debt more painfully than most.

Average debt for graduating college seniors is nearly $30,000, and recent graduates stumble in paying this back when the only jobs they’re finding are part-time, lower-paying, service-sector ones. Add in a car loan, and an occasional bad spending decision, and you understand why the most common question I got during the campaign was, “I want to give, but I have a lot of debts to pay off. What should I do?”

The “realpolitik” of debt

So it’s not enough to talk in glowing terms about faith and generosity and “not equal gifts but equal sacrifice.” We have to talk about the realpolitik of debt. I wrote a blog post addressing this question and included the following thoughts: “One reason debt is such a pain is that it limits our freedom, it cuts off our choices.

I believe that Christians must honor their creditors and pay off their debts: as Paul taught, ‘Let no debt remain outstanding’ (Rom. 13:8). And Jesus teaches in Mark 7:9-13 that it’s not right to use a charitable donation as a way to avoid our prior commitment to love our neighbor. So the painful reality is that paying off your debts must be a high priority for your financial life. Having said that, I do not advise waiting until your debts are fully paid off before giving to God. You need to give for your spiritual health, for your connection to the church, and for your own dignity. Your giving will be lower than you want it to be right now, but over time, as you pay down debts, you will regain the freedom to give more.”

We also asked Dawn, a thirtysomething leader in our church, to give a testimony. She told how in the past year she and her husband had been hit by car repairs, an unexpected home repair, and medical bills, so they were not sure how they could give extra. As they prayed about it, they discovered selling used books and other items online. Many people told me they appreciated her story because it was their story, too.

5. Keep tech relational.

According to a MillennialDonors.com study conducted several years ago, 71 percent of Millennials primarily got information about a nonprofit through web searches, so many people assume the best way to motivate their giving is through technology.

But in our experience, though tech is helpful, it will not replace relationship; you still need to schedule as many face-to-face meetings as time will allow. And as you do communicate via tech (we used our church website, blog, Facebook account, and other social media, plus built a campaign microsite and added online giving, which we didn’t have), don’t think “impressive.” Think “relationship building,” which for Millennials means “authentic,” “fun,” “simple,” and “sharing of stories.”

In all our tech strategies, we invited people to tell their stories of generosity and transformation. Some people wrote brief stories; others created YouTube videos.

Our church must be one of the few left in America that does not show videos in worship services, but we got huge wins with a 14-minute video that we showed after services one Sunday. On it, Jeff and Kimberly, a Millennial couple, talked honestly about their marital separation and loss of a child, and how the church had walked with them through those crises.

In another video, our artists created a fun singalong for kids. One young family visited our church for the first time because they saw the video online.

6. Set the threshold low and the participation high.

We had a financial goal, but what we emphasized more was a participation goal: “We want 100 percent of our members and regular attenders to give.” To increase participation, we did two things.

First, we ran a one-fund campaign (as our consultant astutely advised), in which the general fund and building fund and mission fund are combined. That way, every dollar someone has been giving, or starts to give, contributes. It sets the threshold low so that everyone can participate.

Second, we took the traditional gifts chart—we need so many gifts of this amount, and so many of this amount, and so on—and shifted it downward: fewer of the really big gifts, and lots more of the really small gifts. Many Millennials think, I don’t have much to give. We said, “If every college student here gives $10 a week, that would yield more than $150,000.”

How did we do on participation? We hit 81 percent, a little lower than we’d hoped, but we were delighted that 72 commitments came from people who had never given to our church before.

7. Wrestle your demons to the mat (they can tell if you haven’t).

Millennials can read you as a leader. They may not do so perfectly, but in general, their radar picks up whether you are giving sacrificially, whether you are anxious and therefore pressuring people, and whether this campaign is primarily about you. And though they tend to distrust institutions, they will trust a leader who is honest and unafraid to be in personal contact and let them ask hard questions. This is impossible to do, though, if you’re still anxious about whether your church is going to reach its financial goal. To get free from that anxiety, and therefore, to gain an inner freedom that you can extend to others, comes through prayer and hearing the Word of God. We were already into the public phase of our campaign before I got there, primarily through hearing a sermon by our senior pastor.

It also took me time to break through to the freedom of giving sacrificially. I knew the campaign was coming, months beforehand, when the Lord spoke to me about giving a number that was, for me and my wife, radical. Money is inherently self-deceptive, though, so it took fasting and prayer and conversation before we finally could give that number with unity and joy.

But once I was free from anxiety and free to obey, what a freedom I felt to pastor. With the weak I could be tender and genuinely release them from any pressure to give; with the strong, I could challenge them boldly.

And when I saw the results from Commitment Sunday, I rejoiced. It’s not true that Millennials do not want to commit. It may be that we seldom ask them in ways that release their passion: to belong to an authentic community that is making the world a better place.

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

What to Expect During an IRS Audit of Your Church

Understand the IRS audit process for churches, from documentation to appeals, and reduce audit-related stress.

Last Reviewed: November 26, 2023

An IRS audit of your church can be a stressful experience:

Does the IRS not trust us?

Will we have to pay more out of our already slim budget?

A lot of this worry is unwarranted—the IRS accepts most church tax returns as filed.

The IRS usually audits returns based on a high probability for error or discrepancies among forms, not dishonesty.


Are you using tax preparation software to file your tax returns? Or even your church’s returns? Noted non-profit CPA Michele Wales offers these helpful tips for finding the right software for your needs.


That’s why an IRS audit often ends without any change in reported tax. Some even result in refunds.

Therefore, knowing what to expect of an audit can remove a lot of anxiety.

An audit is just a mutual examination

The IRS—not a third party—will notify your church if they’ve decided to examine a return(s). They’ll ask you to gather the documentation in support of your return(s). And they will decide, in consultation with you, when, where, and how, the examination will take place.

Information exchange happens through correspondence or in-person. It might happen in your home, your place of business, an IRS office, or the office of your attorney or accountant.

You may act on your own behalf during the audit. Or, you can have an attorney, CPA, enrolled agent (someone enrolled to practice before the IRS), or the person who prepared and signed your return represent or accompany you.

If you choose this option, you must give your representative with power of attorney (Form 2848).

When the IRS finishes the examination, they’ll advise you of any proposed change in your taxes, and the reasons for them.

They’ll ask you to sign off on the changes, and pay any additional taxes.

You can appeal the IRS’ findings

If you do not agree with IRS’ proposed changes, you still have options.

If you decide not to sign the agreement form, the examiner will explain your appeal rights. You may request an immediate meeting with a supervisor to explain your position if your examination takes place in an IRS office.

The case is closed when an agreement is reached.

If an agreement is not reached at this meeting or if your examination occurs outside of an IRS office, you will be sent (1) a letter notifying you of your right to appeal within 30 days; (2) a copy of the examination report explaining the proposed adjustments; (3) an agreement or waiver form; and (4) a copy of IRS Publication 5 (which explains your appeal rights in detail).

If, after receiving the examiner’s report, you decide to agree with it, simply sign the agreement or waiver form and return it to the examiner.

If you still do not agree with the examination report, you may appeal your case within the IRS or take it immediately to the federal courts.

For a complete explanation, download IRS Publication 556.

We adapted his article from Richard Hammar’s Church & Clergy Tax Guide.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.
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Zero Percent Church Financing: A Proven Strategy

Discover how Beracah Bible Church built a debt-free facility with faith, practical strategies, and sacrificial giving from its congregation.

Last Reviewed: January 27, 2025

The only time a church mortgage gives any cause to celebrate is when it’s burned. Otherwise, it’s a drain on resources. Interest payments can easily triple or quadruple the cost of a church building.

Beracah Bible Church decided to forgo the joy of mortgage burning for something better: no mortgage at all. Here’s how it did it:

When our church began, our board of trustees quickly agreed that the congregation would function on a “pay-as-you-go” basis. Simply put, this policy allows us to spend only the money already in hand.

Two factors led to this decision: (1) Several churches and religious organizations in our area had been financially irresponsible, thus tainting the reputation of the rest of us. They assumed huge debts for building projects as a “step of faith.” In reality, it was a step of presumption. They were convinced it was “God’s will,” but it became a stone of burden for the whole Christian community.

Their desperate appeals for funds and their defaulting on payments created a negative image. Banks were reluctant to foreclose on religious organizations, but they weren’t eager to deal with any new churches, either. (2) We had no significant borrowing power anyway. Our only collateral would have been the personal property of members, which is what banks were demanding. Rather than asking individuals to cosign, our trustees unanimously endorsed a policy of nonindebtedness. It has served us well for decades.

For the first 15 years, we were content to meet in a series of nine locations for nominal rent, sometimes only the cost of utilities. We started with five families who gathered for worship in a vacant bank building. Later we used the hospitality room of another bank and eventually moved into a house, where we grew to 125.

At first the makeshift locations didn’t bother people; they came for content, not surroundings. But soon the surroundings were interfering with the ministry. We literally had people sitting on one another’s laps.

After three more moves, our people were ready to forsake the nomadic life. The final straw came when we discovered we could be locked out; one Sunday, for instance, “our” meeting place was preempted by an antique show.

It was then that our policy against deficit spending got its greatest test. Already the cash policy had been successful in paying for several church automobiles, a van, and a parsonage. But the huge estimated costs for a modest auditorium and land to expand was a much larger challenge.

One secret to successfully raising money before the construction, we discovered, was to take immediate action. People will give “green money”—their liquid assets, such as checking account funds, while a project is still in the talking stage. But our farmers usually don’t spend their “brown money”— funds invested in the soil—until they see the project actually begin. People don’t like to donate larger sums and then have the church just sit on them. They’d rather have it earning interest until it’s needed.

So we did three things:

  1. We promised donors that their gifts would be invested in a high-interest-bearing fund until the bills started coming in. Thus, we asked them to donate both principal and the potential interest to us, but we, in turn, would be good stewards and invest it wisely until it was needed.
  2. We promised that the money would be used only for the building project. If plans for the construction fell through, we would return their money to them with the interest earned.
  3. We began the construction as soon as we could. Our designer and builder, a professional home builder and member of our board of trustees, estimated the amount necessary to erect only the enclosed shell of the building. Having a finished exterior was important so that we didn’t have a half-finished building deteriorating in the weather.
  4. When that amount was received, we held a groundbreaking ceremony, and construction began on our 400-seat auditorium. Our hope was that, once begun, the building project would not have to be interrupted by lack of funds.
  5. As the foundation was being dug, we were still $34,000 short of what we needed to complete the interior of the building. Humanly speaking, our resources were drained. Our 150 people had given cheerfully and sacrificially. It seemed unreasonable to assume that they could make up the deficit in time. But before the concrete was poured for the foundation, the rest of the money was in hand.
  6. On the day the cement trucks arrived to pour the foundation, my wife went to the mail chute and opened an envelope addressed to the church. The return address was a bank in Midland, Texas, some 250 miles south of Amarillo. Incredulously, she stared at a cashier’s check for $37,000. This was, of course, $3,000 more than we actually needed to complete the building; that money was later used to landscape the grounds and give the place a truly finished look.
  7. Where did the money come from? We still don’t know. We knew our sister church had a faithful ladies’ prayer band, which incessantly prayed for our building needs. The precise connection between that prayer group and the anonymous gift remains a mystery to us all.
  8. Just one year later, on Easter Sunday, we opened the doors for the first worship service in our new debt-free building amid great rejoicing.
  9. Since that time, we have built a much-needed expansion to our building, including a larger nursery and more Sunday school classrooms. Our policy was the same: We would continue construction only as long as the funds held out. As the paint was drying on the new walls, the last of the needed funds was freely given. We have never been underwritten by people of great means. Most of our donations have been in the $100 range, and almost all of them sacrificial.
  10. This financial policy cannot be explained in terms of a series of lucky breaks; it has been far too long for this policy to work by luck. We don’t believe our approach is the only scriptural position, but God has honored our conviction.
The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.

Can a Church Offer Free Preschool Tuition Only to the Pastor’s Children?

Churches with preschools must follow IRS guidelines when offering tuition benefits to staff. Learn the tax rules and eligibility requirements.

Last Reviewed: January 30, 2025

Q: Our church has a preschool. If we allow the pastor’s two children to attend the preschool free of charge, then don’t we also have to allow the children of our preschool and church staff to attend free of charge? I called the IRS and they said it had to be the same for everyone. This makes sense to me but our board members have questions. They want this to be a benefit only for the pastor. Must we offer this same benefit to everyone?


Understand what the tax code says

Many churches operate schools or preschools. They also offer tuition discounts to employees of both the school and church whose children attend the school. Section 117(d) of the tax code specifies that qualified tuition reductions are not taxable. To be qualified, however, certain conditions must be met. These include the following:

  • The tuition reduction is provided to an employee of an “organization described in section 170(b)(1)(A)(ii)” of the tax code. This section refers to “an educational organization which normally maintains a regular faculty and curriculum.”
  • This organization also normally has a regularly enrolled body of pupils or students in attendance. And the body of pupils or students are located where educational activities are regularly carried on.
  • The tuition reduction must be for education below the graduate level.
  • The qualified tuition reduction must be provided to a current school employee; a former school employee who retired or became disabled; or a dependent child of a school employee.
  • Highly compensated employees cannot exclude qualified tuition reductions from their gross income unless the same benefit “is available on substantially similar terms” to non-highly compensated employees. Refer to the IRS for what defines a highly compensated employee. The fact that a highly compensated employee must report the value of a tuition reduction in his or her income for tax reporting purposes does not affect the right of employees who are not highly compensated to exclude the value of tuition reductions from their income.

Is the school ‘operated as an activity or function of’ a church?

In the past, it has not been clear whether the IRS or the courts would consider an employee who works directly for a church to be an employee of an educational institution, even if the church operates a private school. The IRS has ruled that church employees are not eligible for qualified tuition reductions. It noted that nontaxable qualified tuition reductions must be provided by an educational organization described in section 170(b)(1)(A)(ii), which refers to schools. The IRS conceded, however, that a school that is “operated as an activity or function of” a church may qualify as an educational organization for purposes of section 117(d), even though not separately organized or incorporated. It concluded:

An unincorporated school operated by a church or parish…or the school system of a synod or diocese, all may constitute “educational organizations” described in 170(b)(1)(A)(ii) for purposes of section 117(d). The employees generally of such an “educational organization” would be eligible to receive excludable “qualified tuition reductions” from their employer; the exclusion is not limited solely to individuals providing teaching services, but would extend to the employees generally within such function, including secretarial, managerial, administrative, and support function employees.

However, in these circumstances, an excludable [qualified tuition reduction] could not be extended to church employees who were not employed within the context of the school function, or “educational organization,” so defined. Thus, for example, a diocese operating a school system may not properly exclude from reportable wages as “qualified tuition reductions”…the value of tuition reduction benefits it might provide to employees of a hospital it also operates.

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

Does the Presence of a Third Party Negate Penitent Privilege?

Definitions of roles, and state laws, factor heavily in this question.

Q: We understand that if a third party is present, then it potentially jeopardizes the clergy-penitent privilege. Our pastor counsels people. If the elders are present, are they considered “pastors”? If not, is the clergy-penitent privilege broken? Our elders say they should be in the same position as the pastor, and they don’t feel it breaks the privilege.


There are two components to your question: are elders “pastors” for purposes of the clergy-penitent privilege? And, is the privilege negated by the presence of third persons?

Are elders “ministers”?

The clergy-penitent privilege, which is recognized in every state, provides that clergy cannot be compelled to testify in a judicial proceeding concerning statements made to them in confidence while acting as a spiritual advisor.

Clergy-penitent privilege laws generally limit the privilege to confidential communications made to clergymen, priests, or ministers of the gospel. Several courts have ruled that deacons and elders are not “ministers” and so communications with them by persons seeking spiritual counsel are not protected by the clergypenitent privilege.

Rule 505 of the Uniform Rules of Evidence

Rule 505 of the Uniform Rules of Evidence, which has been adopted by several states, limits the privilege to confidential communications with a “cleric,” and defines this term as “a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the individual consulting the cleric.” Note that so long as a counselee reasonably believes that a person with whom he or she is seeking spiritual advice is a member of the clergy, the privilege applies, even if this belief is unfounded. Many state clergy-privilege laws incorporate this rule. This more expansive definition of “minister” may apply to deacons or elders in some cases. This will not always be the case, however.

Illustration

To illustrate, one court ruled that confidential statements made to a church deacon were not protected by the clergypenitent privilege, and therefore, the deacon could be compelled to testify in court about them. The court rejected the argument that the counselee “reasonably believed” the deacon to be a minister or “similar functionary.” He never observed the deacon “attired in ministerial garb or conducting services” and never heard him say that he was a minister. Further, the court pointed out that the defendant’s father was a pastor, and so he “should be even more aware than the average person that deacons and pastors are hardly one and the same.”

It is possible that in some faith traditions a deacon or elder would be deemed a “minister” for purposes of the clergy-penitent privilege. This will depend on the governing documents, theology, and practice of a church. But this will not always be the case.

Confidentiality

The clergy-penitent privilege only protects confidential communications. State clergy-penitent privilege laws define confidentiality in two ways. First, most state laws have adopted the Uniform Rules of Evidence, which defines confidentiality in the context of the “religious privilege” as “a communication … made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.” There are two points to note about this definition. First, the communication must be “private,” and second, it must not be intended for further disclosure except to “other persons present in furtherance of the purpose of the communication.” According to this definition, other persons can be present, and listening, when a person seeks out a minister for spiritual counsel so long as their presence is “in furtherance of the purpose of the privilege.”

A minority of state clergy-penitent privilege laws define confidentiality more narrowly to mean that a communication was made in private in the presence of no other persons besides the minister. This is a very different view of confidentiality than the more expansive view taken by the Uniform Rules of Evidence and a majority of the states. In these states, the presence of elders or deacons in the course of pastoral counseling would likely negate the privilege. This illustrates the importance of ministers being familiar with their state’s clergypenitent privilege.

Richard Hammar’s “50-State Child Abuse Reporting Laws Survey for Clergy and Church Leaders” sets forth the text of the clergy-penitent privilege of each state, and this material should be consulted if a question arises regarding the applicability of the privilege. If there is any doubt, legal counsel should be consulted.

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

Ensuring Compliance with IRS Substantiation Requirements for Charitable Contributions

Understand the IRS rules for substantiating charitable contributions and ensure compliance to protect tax deductions for your donors.

Last Reviewed: January 10, 2025

Reference: Durden v. Commissioner, TC Memo. 2012-140 (2012)

Donors must follow specific IRS substantiation requirements to claim tax deductions for charitable contributions. These rules, particularly for contributions of $250 or more, are crucial for churches and donors to understand and comply with.

IRS Requirements for Substantiating Contributions

The IRS outlines three key requirements under section 170(f)(8) of the tax code:

  • Written Acknowledgment: The acknowledgment must state the contribution amount, whether goods or services were provided in exchange, and a description of any such goods or services.
  • Contemporaneous Documentation: Donors must obtain the acknowledgment on or before the earlier of the tax return filing date or its due date.
  • Specificity: If only intangible religious benefits were provided, this must be explicitly stated in the acknowledgment.

Case Analysis: Durden v. Commissioner

In this case, a couple claimed deductions for $250+ donations to their church but failed to meet substantiation requirements. The IRS disallowed their deduction due to:

  • Lack of a statement regarding goods or services in the church’s initial acknowledgment.
  • Failure of the second acknowledgment to meet the contemporaneous requirement.

Practical Tips for Churches

Churches play a key role in ensuring donors can claim deductions:

  • Issue receipts with all required details, including a statement about goods or services provided.
  • Use language like: “No goods or services were provided in exchange for your contributions, other than intangible religious benefits.”
  • Maintain accurate records and provide donors with timely acknowledgments.

Examples of Proper Acknowledgments

Here are examples of IRS-compliant receipts:

  • “Thank you for your cash contribution of $300 received on [date]. No goods or services were provided other than intangible religious benefits.”
  • “Thank you for your contribution of a used oak baby crib and dresser received on [date]. No goods or services were provided.”

Noncash Contributions

For noncash contributions exceeding $500, donors must complete IRS Form 8283. Ensure donors are aware of these requirements, especially for higher-value items.

Conclusion

Failure to meet IRS substantiation rules can jeopardize tax deductions for donors. Churches must prioritize proper acknowledgment practices to safeguard both donor relationships and compliance with tax laws.

FAQs About IRS Substantiation Requirements

  • What is required in an acknowledgment for contributions of $250 or more? The acknowledgment must state the amount, describe any goods or services provided, or confirm that only intangible religious benefits were received.
  • What happens if the acknowledgment is issued late? The IRS requires acknowledgments to be contemporaneous. Late acknowledgments may disqualify deductions.
  • Are separate contributions under $250 aggregated for substantiation? No, contributions under $250 are not subject to these additional requirements, even if they total $250 or more over the year.
  • What is the rule for noncash contributions? Donors must complete Form 8283 for noncash contributions exceeding $500 and meet additional requirements for higher values.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Are Benevolence Gifts to Church Employees Taxable?

Benevolence gifts to church employees are always taxable and must be reported on Form W-2. Learn about IRS rules and tax implications.

Last Reviewed: January 30, 2025

Q: Can a church give a cash benevolence gift to an employee? And is it taxable income?


Yes and yes. Yes, a church can give a benevolence gifts to an employee. And, yes, it is taxable. The Internal Revenue Code requires all benevolence payments provided to employees be taxed. The church must add the amount of the benevolent payments to the employee’s Form W-2, and if nonclergy, withhold all payroll taxes like the payment was wages. It makes no difference if the payment is direct or indirect, like to the employee’s doctor.

As a result, “love offerings,” pastoral appreciation gifts, Christmas gifts, anniversary gifts, and birthday gifts that flow from the church to its employees are always taxable. Even retirement gifts are taxable to the recipient. No exceptions to this rule exist.

If the church pays a benevolence payment to a “control person,” then the tax consequences get more complicated. A control person is generally someone having substantial authority within the church.

For Additional Help

For more help on benevolence, check out our resource Benevolence Fund Basics.

To get help with payroll withholdings and excess benefit transactions, check out Richard Hammar’s annual Church & Clergy Tax Guide.

If the IRS decides that the payment to a control person did not represent a true “need,” then the payment may represent an excess benefit transaction, subjecting the control person and the board or committee to an excise tax that can range from 10 percent to 200 percent, plus requiring the control person to repay the benevolent payment.

It’s clear that the senior minister, the treasurer, the business administrator, or executive minister is treated as a control person. The ministers on staff that have substantial authority over a significant part of the church are likely to be control persons. Volunteer board members, finance committee members, benevolence committee members, and personnel committee members may become control persons subject to the excise taxes.

This Q&A is adapted from “Benevolence: The Right Help Given the Right Way,” an article that originally appeared on the website of Weycer, Kaplan, Pulaski & Zuber, P.C. Used with permission.

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

Tips For Starting a Church Food Pantry

Tips for deciding whether to launch this community-wide ministry.

Last Reviewed: February 10, 2025

For a church that feels compelled or called to do its part to address hunger in its community, establishing a food pantry might be an effective way to make a difference. Before launching a food pantry ministry though, here are some things to consider:

Need

  • Does your community need a food pantry? Are there other food pantries in the community? If so, could your church help by volunteering there? What could your church accomplish by creating a new food pantry rather than assisting with an existing pantry? Are there definitely food needs in the community that aren’t being met?
  • Who would benefit from your church’s food pantry? Would the food go to people within the church, or others in the community? Both?

Location/Storage

  • Would the food pantry be housed within the church or somewhere else? Is there sufficient storage space on church premises? Is the space conducive for large-scale food distribution? Is the space equipped to safely store food (protecting it from rodents, insects, spoilage, etc.)?
  • On what days would the food pantry be open? If the pantry operates within the church, would that interfere with other church activities?

Food Sources/Distribution

  • What food sources are available to you? Are there any food banks in the area? Is your church committed enough to this ministry to donate food and money to purchase additional food items? Does it have a budget to allow for these expenditures?
  • Which distribution model is the best fit for you: standardized distribution or client-choice?

Safety

  • Are you equipped to store refrigerated foods at the proper temperatures? What about frozen foods? Will your pantry distribute any meats, eggs, fruits, vegetables, or other foods that are susceptible to spoilage? If so, how will you ensure that these foods remain safe to eat? Will food pantry volunteers be trained to recognize any unsafe food items?
  • Do you understand the differences between a “sell by” date, a “use by” date, and a “best if used by” date? Will you train your volunteers about these terms so they know the difference between acceptable and unacceptable donations?

These are just some of the questions a church should consider before launching a food pantry ministry. For those who have the space and the manpower, and are equipped to handle these challenges, a food pantry can be a rewarding and beneficial ministry. But the decision to start one should not be made rashly. Before you begin, take time to discuss and pray about these things to make sure your church can sustain this ministry, and ultimately, do its part to help erase hunger in your community.

Strengthening Church Financial Controls: Tips for Cash Receipts and Disbursements

Practical tips for managing church cash receipts and disbursements while maintaining strong financial controls.

Last Reviewed: January 26, 2025

When churches receive tithes and offerings, there’s more going on than meets the eye. Along with physically collecting people’s money and bringing it to the bank, you should be tracking how much comes in, who it comes from, what it’s used for, and how much each individual gives during a year.

This requires substantial record keeping and an effective internal control structure to ensure that the information is accurate and the money stays safe. Here are 10 ways to strengthen control of your cash receipts, and some tips on making cash disbursements:

For your offerings, enlist money counters (tellers) who aren’t related by family and don’t work at the same place during the week.

Avoid selecting someone experiencing a financial crisis. This kind of responsibility may expose such a person to temptation.

Rotate tellers periodically. Try using teams.

When offering plates are emptied, have at least two tellers present. Ask them to count and bag offerings on church premises.

Designate a teller to record the money received. Ask another to review and initial the record.

On a regular basis, have someone other than the tellers reconcile the bank account and list of money received (to the bank deposit, donor records, and general ledger).

Immediately stamp all checks “for deposit only” and place the funds received in a lockable canvas cash bag. Use a bag with only two keys–one you keep at the bank, the other at the church.

Deposit cash daily in your bank account. Never keep cash on the premises unless you use a lock box.

Compare deposits from the regular services to previous services, noting the consistency of amounts. The amount of money received during morning worship services usually doesn’t vary greatly from week to week.

Send periodic statements to donors detailing the dates and gift amounts received. If a discrepancy arises, resolve it immediately by securing the assistance of someone other than the teller who originally counted the money.

Procedures for Controlling Cash Disbursements

  • Make all disbursements, except from petty cash, by check or draft.
  • Require two signatures on all checks over a stated dollar amount.
  • Prepare cash disbursements only when someone has approved and documented payment.
  • Mark supporting documents “paid” to prevent resubmission.
  • Lock up all blank checks.
  • On a regular basis, have someone other than the individual preparing disbursements reconcile check registers to the bank statements.

Find more help: Check out Internal Controls for Church Finances.

Laura Brown is a communications specialist for Brotherhood Mutual Insurance Company. This article originally appeared on BrotherhoodMutual.com. Used with permission.

Minister Social Security Exemption Explained

Does a Social Security exemption apply to past secular work?

Last Reviewed: January 21, 2025

Q: Our pastor worked for several years in secular employment before going to seminary and becoming a pastor. Soon after he was ordained, he applied for exemption from self-employment taxes by filing a timely Form 4361 with the IRS. He is now concerned that by opting out of Social Security, he will not be eligible for any benefits based on all the years of secular employment. Is he right? Should he be concerned?

How the Exemption Affects Social Security Benefits

An approved exemption from Social Security taxes applies only to services performed in the exercise of ministry. It does not affect benefits based on secular employment earnings. In other words, Social Security benefits earned through secular employment remain intact, assuming those earnings meet the eligibility requirements.

The income tax regulations clarify this distinction: “A minister performing service in the exercise of his ministry may be eligible to file an application for exemption on Form 4361 even though he is not opposed to the acceptance of benefits under the Social Security Act with respect to service performed by him which is not in the exercise of his ministry.” (Treas. Reg. 1.1402(e)-2A(a)(2)).

Impact on Future Benefits

Ministers who are exempt from Social Security coverage for their ministerial income should be aware that this exemption can reduce their overall retirement benefits. The longer the exemption applies, the lower the potential benefits from non-ministerial employment may be, due to fewer total credits being accrued over time.

Relevant Case Study

The Tax Court addressed this issue in a case involving a pastor who also operated a handyman business. Although the pastor had filed for exemption from self-employment taxes, the court ruled that the exemption applied only to income earned in the exercise of ministry. Earnings from his handyman business were subject to self-employment taxes. The court noted that, “although the income [the pastor] derived from his handyman business may have enabled him to sustain his ministry…those reasons or motives do not cause the handyman business to be integral to the conduct of his ministry.” (Williams v. Commissioner, T.C. Memo. 1999-105).

Key Takeaways

  • Ministers exempt from Social Security taxes through Form 4361 retain eligibility for benefits earned through secular employment.
  • The exemption applies only to income earned in the exercise of ministry.
  • Ministers should carefully evaluate the long-term impact of opting out of Social Security on their retirement benefits.

FAQs About Minister Social Security Exemptions

  • Does opting out of Social Security affect benefits from previous non-ministerial work?
    No, benefits from prior secular employment are not affected by the exemption.
  • What income is covered by the exemption?
    Only income earned in the exercise of ministry is exempt from Social Security taxes.
  • Can ministers re-enter Social Security?
    No, the exemption is irrevocable once granted, so careful consideration is essential.
  • Does the exemption apply to non-ministerial side businesses?
    No, income from secular side businesses remains subject to self-employment taxes.

For additional insights, consult the IRS guidelines or a qualified tax professional to fully understand the implications of Form 4361.

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

Protecting Your Church’s Youth From Cyberbullies

Cyberbullying is a growing issue for today’s youth. How can churches respond?

Background

Years ago, a Georgia teen, Alex Boston, sued two of her classmates for defamation and libel after they created a false Facebook page purporting to be Boston’s own page. ABC News reported that the page contained taunts, links to racist websites, and reports of sexual exploits. According to the ABC News report, the lawsuit alleged school officials did nothing about the page because it represented an off-campus activity.

The lawsuit named the two students and their parents as defendants and claimed, “humiliation, mental anguish, harassment and emotional and physical distress,” according to the news report.

The reality of cyberbullying

Boston’s story highlights the reality that social media can and sometimes is used to bully others.

Cyberbullying is at the heart of several high-profile cases that have involved suicide in some of the more extreme examples.

It is difficult to gauge the depth of trauma associated with cyberbullying, but it is important to seriously consider your church’s ability to combat it.

What is cyberbullying?

In cyberbullying, the victim can be intimidated on a computer screen or cell phone. And while many bullying incidents are relatively private, frequently the whole world can see the encounter online.

Fortunately, this rarely happens overtly in the social media life of a church. But that doesn’t mean churches can let their guards down. What happens in society inevitably spills into the life of the local church.

The children and youth who are bullied (one-third of all junior high and high school students, according to one statistic), and the bullies themselves, often are the same kids who participate in a church’s activities. As with many problems, leaders need to be prepared to recognize and respond to the possibilities of the changing face of bullying.

A bigger problem than churches may realize

“I think it’s bigger than we understand,” said CJ Malott, student pastor at Fielder Church in Arlington, Texas.

“We’re ready to deal with the issue of sexuality. We’re quick [to respond to] alcohol and drug abuse. But we dismiss bullying a little bit easier. We don’t take it to heart as much as the sex, drugs, and alcohol. In the long run, that could end up hurting us, because I only see it getting worse.”

Traditional bullying happens face-to-face, in private encounters, or on the schoolyard with an audience. While always possible, this kind of bullying on church property or during church activities is relatively rare.

“Even with kids we know to be bullies outside the church setting, when they come onto our campus, they don’t do a lot of that here. Whether from conviction or an understanding of where they are, it doesn’t happen a lot,” said Malott.

Bullies are understandably hesitant to persecute their peers in a well-organized church setting. However, a physical encounter is no longer the only—or even preferred—outlet for a bully’s cruelty.

Getting pushy on the digital playground

“Bullying” and “cyberbullying” are not legal terms. They are umbrella phrases that cover a variety of behaviors. As such, there are a range of uses for the terms. According to Paula Burns, an agent for Insurance One Agency who studies bullying and other social media risks, these differing definitions agree on key points. With these in mind, it can be said that bullying can include some or all of these elements:

  • Attack or intimidation with the intention to cause fear, distress or harm
  • Physical attacks, such as hitting, punching, or taking property
  • Verbal attacks, such as name calling or teasing
  • Psychological/relational attacks, such spreading rumors and social exclusion
  • The presence of a real or perceived imbalance of power between the bully and the victim
  • Repeated incidents between the attacker and the victim

According to Burns, cyberbullying is “an aggressive, intentional act carried out by a group or individual using electronic forms of contact repeatedly and over time against a victim who cannot easily defend him or herself.”

Cyberbullying comes in many forms

It can take the form of sending mean, vulgar, or threatening messages and images, posting sensitive or false information about a person, pretending to be someone else in order to make that person look bad, or intentionally excluding someone from an online group.

But leaders should realize that being the victim of such behaviors carries its own inherent stigma. No one wants to admit to being bullied. According to Malott, middle-schoolers and high-schoolers don’t particularly like to use the term “bullying.” He observes that “A lot of students ask for counseling about being bullied, but they say they’re being ‘picked on,’ or ‘made fun of.’ They don’t use the word ‘bullying’ anymore, but that’s what it is.”

Legally, a church is at risk if it fails to monitor and supervise youth under its direct care. Churches may be at legal risk if they know bullying goes on and yet do not take appropriate action to recognize and respond to such situations.

Policies and Protection

So many of these potential situations are digital that the Internet may be the area of biggest risk, according to church law attorney Frank Sommerville.

“Churches have to have a good social media policy if they are writing on behalf of the church or if it’s a church Facebook page,” he said. “That means you have the responsibility to monitor what’s being posted and to remove those comments that are inappropriate. Having good policies in place goes a long way toward reducing the risks that are out there.”

Access to church social media pages

That kind of policy is in place at Fielder Church, said Malott. Each student ministry staff member has administrative rights to the ministry’s Facebook page.

“Anything that hits the page gets pushed to us so we can quickly see whether it’s appropriate. If it isn’t, any one of us can remove it,” said Malott. “You can come into our student ministry facilities and get connected to our Wi-Fi as a guest without a password. But it’s extremely protected by Barracuda software. So we have layers of protection.”

Review internet use policies

An Internet use policy for church staff and workers should specifically state that no cyberbullying is permitted on any church-related website, including blogs by pastors and staff, Burns said. Although these blogs often do not apply to issues of children and youth, they do fit into the wider area of cyberliability.

Insurance companies offer cyberliability policies to protect businesses and non-profit organizations from risks associated with Internet communication and commerce. Cyberbullying may need to be included with a policy that covers other items, such as invasion of privacy, libel, slander, and copyright infringement.

“If you put on Facebook that so-and-so is sleeping around, that will be a slanderous statement, even if it’s true, because it denigrates the reputation of the person they’re talking about,” said Sommerville.

Should a church have a written policy covering bullying of both the old-fashioned, personal type and the newer, technology-driven variety?

“I don’t think the law is the best place to address this issue,” Sommerville said. “A written policy, if a church is not going to follow it, is worse than no policy at all. Ask if your existing policies adequately address your responsibilities if you’re going to have a webpage, chat rooms, or social media sites.”

A downloadable resource, Using Social Media Safely, provides guidance for churches trying to craft a social media use policy.

“Big-time” Bullying

In rare cases, the victims of bullying have been the youth pastors and workers and the bullies have been the students.

“I know of a youth minister who had some girls who had a beef with him, made accusations, took it to the Internet and ganged up on him,” said Malott. “The guy ended up resigning because it all became too much. When I heard the story, I didn’t believe it could happen in real life. But it was the guy’s testimony. As a student pastor, that makes me nervous.”

Educate church staff and youth

Despite the legal murkiness of the subject, churches can empower staff and students by teaching about bullying and knowing what to do if an incident flares up. Student codes of conduct, in whatever form they take, should be clear that bullying of any kind will not be tolerated.

“As a church, we should be educating parents,” said Burns. “Have parents and student youth ministry leaders get together and talk about what to do when someone is cyberbullied. It would be great to do an educational campaign for the students and the parents to understand the impact of this, because sometimes they just think it’s funny.”

If an incident of bullying occurs, including those involving a physical altercation, churches should notify parents and make an incident report, said Burns.

“You don’t know if the parents will come back and say the church was negligent in supervising their children,” she explained.

Cyberbullying may be so new that churches, lawyers, and insurance companies are still learning how to cover it from a liability and risk reduction standpoint. One thing is likely, however: bullying, which has a history as old as humanity, won’t disappear.

“I don’t know where all of it is going,” said Malott, “but it’s not an issue that’s going to go away.”

Are We Legally Required to Verify a Housing Allowance is Fair?

Understand whether churches must verify housing allowances and the IRS rules that apply.

Last Reviewed: January 14, 2025

Q: Does a church have a legal obligation to review the housing allowance requested by a pastor to determine both how it was computed and whether it fairly reflects the value of expected housing expenses for the new year?


The simple answer is that while a church is free to exercise this level of oversight over the pastor’s housing allowance, it is not legally required and is, in fact, rarely done. Section 107 of the tax code specifies that “in the case of a minister of the gospel, gross income does not include—(1) the rental value of a home furnished to him as part of his compensation; or (2) the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities.”

The income tax regulations state: “In order to qualify for the exclusion, the home or rental allowance must be provided as remuneration for services which are ordinarily the duties of a minister of the gospel.”

What Does the Tax Code Require?

In summary, the tax code and regulations require that a “church” designate a housing allowance from the compensation paid to a “minister” for services performed in the exercise of ministry. However, there is no requirement for the church to verify the reasonableness of the housing allowance it declares.

Key Points to Consider:

  • Neither the IRS nor any court has imposed a duty upon a religious congregation to determine the reasonableness of a housing allowance. While it is permissible for a congregation to do so, it is not mandatory.
  • To determine the reasonableness of a housing allowance, a church would need to review its minister’s anticipated housing expenses for the year. This process can be burdensome and subject to change as actual expenses are incurred.
  • Churches are unlikely to face penalties for failing to verify a pastor’s housing allowance. The main penalty would be aiding and abetting in the substantial understatement of tax, outlined in Section 6701 of the tax code. However, no reported case has applied this penalty to a religious congregation for this reason.

Best Practices for Housing Allowance Designation

Churches should ensure that the housing allowance represents compensation for services performed in the exercise of ministry. While there is no legal limit on the portion of a minister’s compensation designated as a housing allowance, the allowance is nontaxable only to the extent it does not exceed the fair rental value of the home or the amount spent on housing expenses.

Common Practices:

  • Ministers typically report the nontaxable portion of their housing allowance and list any “excess allowance” as taxable income on their Form 1040, following IRS Publication 517.
  • This approach reduces administrative burdens on the congregation and aligns with IRS guidelines for housing allowances.
  • Most churches opt to designate housing allowances conservatively, avoiding amounts that significantly exceed the fair rental value of a minister’s home.

FAQ: Housing Allowance Verification

1. Does the IRS require churches to verify housing allowances?

No, the IRS does not require churches to verify the fairness or accuracy of housing allowances. It is sufficient for the church to designate an allowance as part of the minister’s compensation.

2. Can a church be penalized for not verifying housing allowances?

It is highly unlikely. Penalties for aiding in the understatement of taxes have not been applied to churches for failing to verify housing allowances in any reported cases.

3. Should churches designate housing allowances conservatively?

Yes, churches should avoid designating allowances that significantly exceed the fair rental value of the minister’s home, as the nontaxable portion is limited to actual housing expenses and fair rental value.

4. How should a minister handle excess housing allowance amounts?

The minister must report any excess allowance as taxable income on their Form 1040, ensuring compliance with IRS requirements.

For further details on housing allowance regulations, consult IRS.gov or legal counsel specializing in church tax matters.

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

Annually Reviewing W-4s for Church Employees

An annual review of W-4s by church employees can best address changes affecting their tax situations.

Last Reviewed: January 4, 2024

Q: Should our church ask each employee to fill out a new Form W-4 each year? If so, why?


The W-4 form is used by employees to report withholding allowances. This information will determine how much income tax the church withholds from the wages of a nonminister employee.

The important point is this—W-4 forms often become obsolete because of changes in an employee’s circumstances, but the employee fails to submit a new form to the church. This can result in withholding that is significantly above or below the actual tax liability.

Here are some reasons why an employee’s W-4 may need to be updated

  • the birth of a child
  • a pay raise
  • a divorce
  • significant medical expenses.

Tip: These same considerations apply to ministers who have elected “voluntary withholding” of their taxes. Also, note that the tax cuts passed by Congress in recent years have reduced taxes for most Americans, and this is another reason why church employees should periodically review their W-4 form.

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

Protecting Churches from Investment Fraud: Strategies and Lessons

Key strategies for preventing investment fraud in churches, including training staff and adopting protective policies.

Last Reviewed: January 26, 2025

“The greatest trick the devil ever pulled was convincing the world he doesn’t exist.”

That quote from 19th century French poet Charles Baudelaire appeared in the Oscar-winning movie “The Usual Suspects.” And it speaks to why Christians have been, and will continue to be, victims of investment fraud. Just as many people don’t believe that the devil exists, many Christians don’t believe that we are at risk from investment fraud. We tell ourselves, People who lose their life savings to a scam or an unethical financial adviser are gullible, stupid, or greedy. I am none of those things. Therefore, it can’t happen to me. It’s the big lie that makes us all so vulnerable. Just as the devil is pleased that so many deny his existence, scam artists and unethical brokers are pleased that the universe of possible victims feels immune to fraud.

Many articles discussing investment fraud against Christians include a subtle suggestion that Christians are more gullible than most people, but that’s just not true. It isn’t their status as Christians that makes believers vulnerable to investment fraud; it’s their status as healthy human beings. Protecting Christians and Christian fellowships from investment fraud must therefore begin with helping them understand why we are so prone to believe—falsely—that it can’t happen to us.

All healthy human beings are born with what psychologists call “cognitive biases.” In essence, cognitive biases are pre-wired breakdowns in logical thinking. God wired our brains with certain shortcuts that help us in most contexts. But those shortcuts hurt us in the investment context.

Scientists believe that cognitive biases flow from the complex world in which we live. In an environment with more relevant information than we can comfortably process, we look for shortcuts and our brains work to simplify an issue to boil it down to a manageable size. So, rather than consider the dozens of factors that are empirically relevant to a decision to invest through a particular broker or in an investment he or she recommends, our brains make the problem more manageable. We put all of the complicated, inter-related factors aside and focus instead on a single question: “Can I trust this person?” The result, in my estimation, is more than $1 billion stolen from Christians every year and an epidemic of investment fraud that will destroy dozens, if not hundreds, of fellowships this year.

The optimism bias

Neuroscientists have observed a phenomenon they call the optimism bias. Don’t let the name fool you; it infects even the most naturally pessimistic person. The optimism bias is most directly to blame for our sense of invulnerability to fraud. We naturally believe that tragic events, including the tragedy of losing our life savings, are more likely to happen to other people than to us.

You can understand how this bias is important for everyday life. Without a deep-seated conviction that nothing too terrible is going to happen to us today, we would never leave our homes into a world full of germs, crime, and teenaged drivers. Unfortunately that bias makes us discount the possibility that the financial adviser with whom we are dealing will steal our hard-earned nest egg. And if we don’t believe the danger is present, we take no precautions to protect ourselves. While we like to believe that our assessment of ourselves as “too smart to fall for a scam” is accurate, intelligence alone is not sufficient protection, and that sense of invulnerability is the mental approach that every scam artist most wants you to have.

The congruence bias

You like to think that you never take anything at face value and always do your homework. There is another bias that often wrecks the best efforts of those of us who think of ourselves that way. The “congruence bias” is a product of the way in which our brains make us more efficient. If we had to consider every possible explanation for the hundreds of situations that present themselves to our senses every day, we’d never get anything done. So our brain quickly suggests a theory to explain any new situation. The congruence bias makes us stubbornly attached to that first theory.

When we meet with a financial adviser who we know through church and listen to her describe a seemingly sound investment opportunity, the first theory that occurs to us is that the adviser is honest and that the investment performs as described. Even if we set out to investigate the investment, the congruence bias leads us to accept evidence that supports our theory of legitimacy and reject evidence that seems to contradict that theory.

The congruence bias therefore sets the scam artists’ hook deeper even as we believe that we are doing a thorough pre-investment investigation.

The solution

As church leaders, it’s imperative we have a solution to combat the vulnerabilities that members of our congregations, including ourselves, may have. That solution is a combination of smart risk management strategies involving training and policies and procedures.

Training
Wise Christian fellowships will train all staff and key volunteers. That training must include workers in every ministry area because, especially at large churches, a scam can gain steam in a far corner of the body and destroy hundreds of nest eggs without the leadership ever learning about it.

One example of this came in 2006. Lambert Vander Tuig, a member of Saddleback Church in Lake Forest, California (where more than 20,000 people attend), gave Pastor Rick Warren’s A Purpose-Driven Life to investors in Carolina Development Properties Inc., which supposedly developed luxury communities with exclusive golf courses. Using glossy brochures that included pictures of Jack Nicklaus and Greg Norman, Vander Tuig sold stock in Carolina Development to more than 1,000 people, including Saddleback members. In January 2009, California prosecutors charged Vander Tuig with securities fraud. While neither Pastor Warren nor anyone in leadership at Saddleback knew about the scam, it gathered $52 million.

There is more to learn than this article alone can teach, but an effective training session will last at least half a day and must cover, at a minimum:

  1. cognitive biases,
  2. the different types of characters who prey on Christian fellowships (not all are professional con artists),
  3. subtle red flags, and
  4. effective investigative techniques.

For example, training the staff should include helping them:

  • Overcome cognitive biases by looking for fraud, rather than a confirmation of legitimacy. They’ll never find the former by looking for the latter. Help them understand that most fraudsters are not career criminals; rather, it’s otherwise honest financial professionals who seek to cover up a relatively small loss, only to see the first lie lead to another and another.
  • Recognize vague or jargon-laced answers as a subtle red flag. Encourage them to become students of investment fraud. When we read about actual scams, it equips us to spot red flags that we would never otherwise recognize.
  • Know about two powerful—but little known—websites where they can begin the search for fraud. Pacer.gov allows a search of the docket of every federal court nationwide and can reveal criminal convictions, bankruptcy filings, and lawsuits by disappointed investors from previous deals. Studentclearinghouse.org can uncover misrepresentations about claimed academic credentials. There are no “white lies” in the investment world. A broker who will misrepresent his credentials is afraid that you won’t be impressed with the truth and is more likely to cover up losses.

Armed with such knowledge, staff members can not only protect the flock, but also can alert regulators early and thereby protect the public at large.

policies and procedures
Every fellowship of any size has policies and procedures designed to promote efficiency and transparency. Few, though, have adequate policies and procedures designed to stop the fraud contagion from taking hold.

Anyone who works in sales appreciates the value of satisfied customers. The investment world is no different. The endorsement of a satisfied investor speaks volumes to prospective investors. There is no endorsement a financial scamster would rather have than the endorsement of the lead pastor of a Christian church. Smart fellowships will therefore adopt policies designed to protect the flock against such endorsements. Whether they prohibit the pastor from using a financial adviser from within the flock, require an extensive background search of any investment adviser pastors use, or prohibit pastors from endorsing financial advisers altogether, such policies can protect the church from the most damaging type of financial catastrophe—one seemingly endorsed by church leadership.

Crossroads Christian Church in Corona, California, experienced this very scenario. According to news reports, at least one of the pastors at Crossroads vouched for choir member Randall W. Harding. Harding promised many of Crossroads’s 8,000 members that his business, JTL (“Just the Lord”) Financial Group, could generate attractive, guaranteed returns. He swindled hundreds of Crossroads members out of more than $18 million and served 51 months in federal prison. He was released in December 2009.

Effective policies will also address how the church raises money for expansion. Many churches sell church bonds to construct or expand their church campus. There are more than a few companies that offer to help with that process.

“Never sell the facts. Instead, sell warm stewardship and the Lord,” former Pastor Vaughn Reeves, Sr., told the salespeople he recruited to sell church bonds. Reeves’s company, Alanar, Inc., identified Protestant churches that needed money to build or expand but could not get financing from a bank. Alanar helped its church clients sell bonds to raise that money. The church got the money from the sale of the bonds and the investors received interest payments until the church paid off the debt, at which time the investors received return of their principal. At least that’s how Reeves said it would work. By having his salespeople open each sales call with a prayer and stress each prospect’s “Christian duty” to help the church, Alanar raised more than $120 million from more than 11,000 investors in 150 separate church bond offerings between 1988 and 2005.

Reeves and his sons Chip, Chris, and Josh had a taste for luxurious living. They bought two airplanes, expensive vacations, luxury cars, and enormous houses. Soon there was not enough cash to make interest payments to bondholders, and Reeves began moving cash from the proceeds of one church’s bond offering to make interest payments to investors in a separate bond offering. In October 2010, Reeves was convicted on nine counts of fraud. In December 2010, he was sentenced to 54 years in prison.

Thousands of investors lost millions of dollars in the Alanar scam. Churches that had used Alanar were inevitably stained by Alanar’s misconduct as their members lost money they had invested to fund a building campaign. A policy that required a professional due diligence investigation may have steered churches clear of Alanar and potentially saved those fellowships.

The stakes

In the past ten years, hundreds of Christian fellowships have disappeared because an investment scam swept the body away. Many churches will die this year for that reason, with members moving elsewhere amid doubts about the competence of church leadership. Most tragically, some who were anxious to learn about Christ will leave, never to fill another pew, because the conduct of Christians in the midst of a scam has given them a false, negative picture of the faith.

Albert Einstein defined insanity as “doing the same thing over and over and expecting a different result.” What Christian fellowships are doing—and not doing—over and over is costing Christians (based on multi-year surveys conducted by the North American Securities Administrators, I estimate Christians lose about $1 billion or more every year in fraud losses). It’s time to do something different, and there’s never been a better time to start. With 10,000 baby boomers turning 65 every day, and Social Security and Medicare soon to become less generous, now is the time for Christian leaders to take the fraud threat seriously by adopting sensible policies and training their staffs to be proactive protectors of the resources that God has entrusted to members of the church.

Can We Be Penalized for an Inflated Property Value?

What churches and donors should know about penalties for property overvaluations.

Q: Are there penalties that apply to church members who donate property to their church and claim an inflated value (in excess of the property’s fair market value) when computing their charitable contribution deduction?


The charitable contribution for donations of property is generally the fair market value of the property at the time of the contribution. However, if the property has increased in value, you may have to make some adjustments to the amount of your deduction.

Donors are subject to a penalty if they overstate the value or adjusted basis of donated property. The penalty is 20 percent of the amount by which the donor underpaid his or her tax because of the overstatement, if:

  1. The value or adjusted basis claimed on your return is 150 percent or more of the correct amount, and
  2. The donor underpaid income taxes by more than $5,000 because of the overstatement.
  3. The penalty is 40 percent, rather than 20 percent, if:
    • The value or adjusted basis claimed on the donor’s tax return is 200 percent or more of the correct amount, and
    • The donor underpaid income taxes by more than $5,000 because of the overstatement.

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