Tips: Screening Church Host Families

Is our church required to perform background checks on families hosting our youth?

Q: When our youth choir (7th-12th graders) goes on tour each summer, they stay with families from the churches we visit. The youth are always placed in groups of two or more, and we have a phone call “code” in case they are ever feeling endangered at the home where they’re staying. After seven choir tours we have never had any problems with this arrangement, however, I am wondering if I should take more precautions with the host families. Is it necessary to perform background checks on each of these families? Knowing that it is often a struggle for churches to get members to open up their homes in the first place, what is a reasonable screening expectation for us to request?


In a perfect world (or I guess a near-perfect world), all host families would be thoroughly screened and confirmed safe for the youth placed in their care. But in the real world, I don’t see how a thorough check would practically be accomplished. Short of requiring full background checks, here are a few potential steps to protect the children and ministry:

  1. Continue to require multiple youth stay in the same host homes (rule of three).
  2. Continue to have a procedure for quick removal from homes if the youth feel threatened.
  3. Have the parents of participating youth complete a permission form, spelling out how the program works and explaining that the youth will be placed with host families.
  4. Consider asking someone at the host family’s church to sign a form indicating that the church is unaware of any reason why youth participants should not be placed with the host family.
  5. Have host families fill out a form similar to a children’s ministry worker form that asks them to self-confirm that they have no past issues involving children, no criminal record, etc.
  6. Look at the public convicted sex offender list in the host family’s state of residence to make sure than no one within any host family household appears on the list.
  7. While these procedures are not fail-safe in protecting youth from potential harm, they are reasonable steps to take to ensure their safety.
  8. For more information on protecting youth, see a comprehensive child protection training curriculum, Reducing the Risk.

Understanding Qualified Charitable Distribution Rules for Church Contributions

Discover the rules for qualified charitable distributions and how churches can issue substantiation receipts for IRA contributions.

Last Reviewed: January 24, 2025

Q: A retired couple in our church makes contributions to the church out of their IRA accounts. These contributions are made directly by their IRA trustee to the church. Is there any reporting or receipt that we need to issue to them to help substantiate their contribution?


What Is a Qualified Charitable Distribution?

A qualified charitable distribution (QCD) is a distribution made directly from an IRA trustee to a charitable organization, including a church. For the distribution to qualify, the IRA owner must meet the following criteria:

  • The distribution is made on or after reaching the age of 70½.
  • The amount distributed would otherwise be taxable income if not for this provision.
  • The full amount of the distribution qualifies as a charitable deduction under current tax law without reductions or exclusions.

Key Limits for QCDs

  • The maximum annual exclusion for QCDs is $100,000.
  • Married couples filing jointly can each exclude up to $100,000 from their respective IRAs.
  • Any QCD exceeding this limit will be included in taxable income as with regular distributions.

What Does the Church Need to Provide?

For any QCD, including those of $250 or more, churches must follow IRS substantiation rules for charitable contributions. The IRS states in Publication 590 that donors must have “the same type of acknowledgment” required for other charitable contributions.

Required Acknowledgment Elements:

  1. Written Format
    The acknowledgment must be a written statement issued by the church.
  2. Detailed Information
    The receipt must:
    • State the amount of cash contributed.
    • Indicate if the church provided goods or services in exchange (e.g., token items).
    • Include a good faith estimate of the value of any goods or services provided.
    • State that the only benefit received was an intangible religious benefit, if applicable.
  3. Timing Requirements
    The acknowledgment must be issued by the earlier of:
    • The date the donor files a tax return for the year the contribution was made.
    • The due date (including extensions) for filing that return.

Examples of Proper Receipts

The IRS provides examples in Publication 526 of acceptable written acknowledgments. For instance:

  • “Thank you for your contribution of $300 from your IRA. No goods or services were provided in exchange, other than intangible religious benefits.”

Ensuring Compliance

Churches must issue proper receipts for QCDs of $250 or more, even if the funds come directly from an IRA trustee. Ensuring compliance with these requirements not only protects the deductibility of the donor’s contribution but also strengthens the church’s financial practices.


FAQs on Qualified Charitable Distributions for Churches

1. What is the age requirement for a QCD?
The IRA owner must be at least 70½ years old at the time of the distribution.

2. Are there limits on how much can be contributed through a QCD?
Yes, the annual limit is $100,000 per individual. Married couples filing jointly may each exclude up to $100,000.

3. Do churches need to issue receipts for QCDs?
Yes, for QCDs of $250 or more, churches must issue written receipts that meet IRS substantiation requirements.

4. Can a QCD be made to any organization?
No, QCDs can only be made to eligible charitable organizations, including churches.

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

Does Your Church Owe Taxes on Alternative Revenue?

Answers about the often misunderstood world of unrelated business income.

Churches are generally exempt from federal income tax. However, income from certain business activities may be taxable if those activities are not directly related to the church’s exempt purposes. This type of income is known as unrelated business income (UBI). Understanding what triggers UBI—and how to avoid it—is essential for maintaining tax-exempt status.


Section 1: The Basics of Unrelated Business Income

What Is Unrelated Business Income?

A church must pay federal income tax on net income from an activity that meets all three of the following criteria:

  1. It is a trade or business.
  2. It is regularly carried on.
  3. It is not substantially related to the church’s exempt purposes.

In addition, income from debt-financed property may also be considered UBI (see Section 3).

Why Does the UBI Tax Exist?

Congress introduced the UBI tax to prevent tax-exempt organizations from gaining an unfair competitive advantage over for-profit businesses.

What Counts as a Trade or Business?

Any activity carried on to produce income through the sale of goods or services, where profit is at least one motive (not necessarily the primary one).

Examples:

  • Not a trade or business: Selling T-shirts at a loss ($7 sale price vs. $8 cost).
  • Trade or business: Annual Christmas tree sales that generate profit for youth ministry.

What Does “Regularly Carried On” Mean?

The IRS compares your activity to similar for-profit businesses in terms of frequency and duration.

Examples:

  • Not regular: A 2-week annual bake sale is not frequent enough to be “regular.”
  • Regular: Annual Christmas tree sales held during the same time as for-profit vendors.

Just using income to support ministry isn’t enough. The activity itself must further the church’s mission.

Define Your Church’s Exempt Purposes

Your church’s governing documents should clearly define your exempt purposes. These may include religious, educational, and charitable goals. A broad purpose statement gives more room to justify activities as related.

Example:

Selling candles during Advent supports reverence and worship of Christ’s birth.

Document how each activity contributes to the mission.

Mixed Activities: Fragmentation Rule

If an activity includes both related and unrelated elements, they must be separated.

Example:

  • Related: Selling Bibles and religious literature.
  • Unrelated: Selling cosmetics in the same bookstore.

Common Examples of Unrelated Activities

  • Public restaurants
  • Paid parking lots
  • Selling secular goods
  • Fee-based administrative services
  • Non-religious travel tours
  • Advertising sales

Section 2: Specific Exclusions from UBI

Federal law excludes certain types of income from UBI:

  1. Dividends, interest, annuities, capital gains
  2. Gains from the sale of property (not inventory)
  3. Royalties
  4. Rent from real property
  5. Activities conducted mainly by volunteers (volunteer exception)
  6. Activities for the convenience of members (convenience exception)
  7. Sales of donated merchandise (donated goods exception)
  8. Qualified sponsorship payments
  9. Certain bingo games

Note: Some exclusions don’t apply if the income is from debt-financed property or controlled entities.

Volunteer Exception

If more than 85% of the labor is unpaid, the activity is excluded.

Example: A volunteer-run church coffee shop isn’t UBI—even if it’s regularly open to the public.

Convenience of Members Exception

Activities conducted for the convenience of the congregation, staff, or students are excluded.

Example: A refreshment stand open only during worship services qualifies for this exception.

Donated Goods Exception

If 85% or more of items sold are donated, income is excluded.

Example: A thrift store run by paid staff sells 95% donated merchandise—exempt from UBI.

Qualified Sponsorship Payments

Income from sponsorships is not UBI if the sponsor receives only acknowledgment, not advertising.

Permissible recognition includes:

  • Sponsor’s name, logo, slogan (no qualitative statements)
  • Product lines
  • Contact information
  • Visual depictions of products (value-neutral)
  • Statements of exclusive sponsorship

Not permitted:

  • Comparative or qualitative claims
  • Price info or savings
  • Endorsements or inducements to buy
  • Ads in regular periodicals (event programs are OK)

Exclusive provider arrangements are not qualified sponsorships.

Example:

  • Qualified sponsorship: Car dealer pays $20,000 to sponsor an event, displays vehicles, and receives logo placement.
  • Not qualified: Beverage company pays $10,000 to be exclusive provider—this may be UBI.

Sponsorships should be reviewed by legal and tax counsel for compliance.

Bingo Games Exception

Bingo income is not UBI if:

  • The game meets the legal definition of bingo
  • It is legal in the jurisdiction
  • It is not regularly offered by for-profits in that area

Note: Scratch-off tickets and non-bingo games don’t qualify.


Section 3: Debt-Financed Income

Even typically exempt income (rent, interest, gains) may be taxable if it comes from debt-financed property.

What Is Debt-Financed Property?

Property used to produce income and acquired or improved with acquisition indebtedness during the year or 12 months before sale.

What Is Acquisition Indebtedness?

Debt incurred:

  • When acquiring/improving property
  • Because of the acquisition/improvement
  • When it was reasonably foreseeable at the time of acquisition

Collateral doesn’t matter. The purpose of the debt is what counts.

Tracing and Refinancing

Complex tracing rules apply when debt is refinanced or consolidated. Professional tax advice is essential.

Exemptions from Debt-Financed Income

  • 85% or more of the property’s use is for exempt purposes
  • Used in volunteer, convenience, or donated goods exception activities
  • Educational institutions may qualify for special exemptions

The Neighborhood Land Rule (for churches only)

If the church intends to convert debt-financed land to exempt use within 15 years, income from it may be exempt.

  • Church must notify IRS after 5 years
  • IRS ruling helps but isn’t mandatory if property is converted by Year 15

Calculating Taxable Debt-Financed Income

Rental Income Example:

  • Rental income: $100,000
  • Average debt: $600,000
  • Property basis: $1,000,000 → 60% ratio
  • Taxable portion: 60% of income = $60,000

Sale Gain Example:

  • Gain on sale: $9 million
  • Highest debt during 12 months: $600,000
  • Basis: $1 million → 60% ratio
  • Taxable portion: 60% of $9M = $5.4M

Section 4: Managing UBI—Strategy and Compliance

Is UBI Always a Bad Thing?

Not necessarily. Income is helpful—even if some is taxed. But churches should plan carefully.

Filing Requirements

  • If UBI gross income exceeds $1,000 → must file Form 990-T
  • Due by 15th day of 5th month after fiscal year-end
  • State returns may also be required

Other Considerations

  • May trigger sales tax obligations
  • Could impact property tax exemptions depending on state law

Calculating Net UBI

Net UBI = Gross unrelated income – Directly connected expenses

  • Include allocable admin and overhead costs
  • $1,000 standard deduction allowed
  • Net losses can be carried back or forward

Proper expense allocation can often reduce UBI to zero

How Much UBI Is Too Much?

A substantial amount of UBI activity may jeopardize 501(c)(3) status. There is no hard threshold, but many experts use 15% of revenue as a cautionary marker.


Generating Income Without Triggering UBI

Bookstores and Gift Shops

  • Volunteer exception: 85% or more unpaid staff → UBI excluded
  • Substantially related sales: All items directly support the mission

Location and Promotion Don’t Affect Exemption

Churches may:

  • Operate off-site
  • Sell online or via catalogs
  • Offer public promotions

IRS rulings confirm that commercial style doesn’t disqualify a related activity

Parking Lots

  • Operated by volunteers → not UBI
  • Leased to for-profit → rental income (UBI if debt-financed)
  • May qualify for exempt-use or neighborhood land exceptions

Concerts and Events

  • If the event directly supports mission (e.g., worship, outreach), income isn’t UBI
  • Volunteer-run events are also exempt

Thrift Shops and Online Sales

  • If 85%+ of items are donated → no UBI
  • Applies to brick-and-mortar and platforms like eBay

Corporate Sponsorships

  • As long as the church offers acknowledgment (not advertising), income is not UBI

Scrip Programs

  • Buying gift cards at discount and reselling is UBI unless volunteer-run

Coffee Shops and Cafés

  • Operated for attendees’ convenience → not UBI
  • Operated by volunteers → not UBI
  • Alternative: lease the space (may still avoid UBI if no debt or exemptions apply)

Final Thought

Unrelated business income doesn’t have to be a threat. With careful planning and documentation, churches can raise funds in creative and compliant ways while preserving their tax-exempt status.

When in doubt, consult knowledgeable legal and tax counsel.

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

The Ministerial Exception

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

How Churches Can Benefit from Charitable Contributions Through Life Insurance

Discover how charitable contributions through life insurance can provide significant benefits to churches and their members.

Last Reviewed: January 22, 2025

Q: A member of our church has asked if he can purchase a life insurance policy and name our church as a beneficiary. He plans on naming his wife as the primary beneficiary but would like to name our church as the alternate beneficiary in the event that his wife predeceases him. The question is whether it is legal for a church to be named as a beneficiary under a member’s life insurance policy.


Yes, a church can be named as a primary or alternate beneficiary under a member’s life insurance policy. Here are important considerations:

1. Simplest Way to Use Life Insurance for Charitable Contributions

  • Members can name the church as a beneficiary using a “change of beneficiary” form. The member retains ownership and responsibility for paying premiums.
  • This method ensures the member remains in control of the policy while making a meaningful charitable contribution.

2. Naming the Church as the Sole Beneficiary

  • Some members choose to make the church the sole beneficiary, allowing for potentially larger contributions than otherwise possible.
  • Purchasing a term life insurance policy specifically for this purpose is a cost-effective option for significant giving.

3. Alternate Beneficiary Designation

  • A member can name their spouse or children as primary beneficiaries and the church as an alternate beneficiary.
  • This ensures the church receives the proceeds only if the primary beneficiaries predecease the donor.

Advantages of Charitable Contributions via Life Insurance

Using life insurance to make charitable contributions offers several benefits:

  • Flexibility: Donors can change beneficiaries or terminate the policy if their financial situation changes.
  • Access to Policy Value: Donors retain control over the policy, including access to its cash value.
  • Estate Tax Deductions: Donors may qualify for estate tax charitable contribution deductions if the policy’s value is included in their estate.

Limitations to Consider

  • Premium payments are not tax-deductible as charitable contributions if the donor retains ownership of the policy.
  • The policy’s value will be included in the donor’s estate for tax purposes.

Other Ways to Use Life Insurance for Charitable Contributions

Members may consider additional options for leveraging life insurance to benefit their church:

  • Dividends: Name the church as the recipient of dividends under the policy.
  • Policy Ownership Transfer: Transfer ownership of the policy to the church, enabling premium payments to become tax-deductible.
  • New Policy Donation: Donate a new policy to the church, providing a straightforward way to contribute.

Consulting Professionals

Each method for using life insurance as a charitable contribution has advantages and disadvantages. Members interested in these options should consult with a qualified life insurance agent or attorney to ensure proper planning and execution.

FAQs

1. Can a church be named as a sole beneficiary?

Yes, naming a church as the sole beneficiary allows members to make substantial contributions and provides flexibility in ownership and control of the policy.

2. Are premium payments tax-deductible?

No, premium payments are not tax-deductible if the donor retains ownership of the policy.

3. What happens if the primary beneficiaries outlive the policyholder?

If a church is named as an alternate beneficiary, it will receive the insurance proceeds only if the primary beneficiaries predecease the policyholder.

4. Should members consult professionals before proceeding?

Yes, consulting a life insurance agent or attorney is essential to understanding the tax and legal implications of using life insurance for charitable giving.

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

Can a Pastor’s Spouse Be Paid for Services Without Violating Church Compensation Rules?

Payments to a pastor’s spouse for services at a church may be legal but must comply with IRS excess benefit transaction rules.

Last Reviewed: January 30, 2025

Q: A pastor’s spouse decides to cater a meal for a group that wants to host an event in the church’s Fellowship Hall. She is paid a set fee and can keep the payment for herself. Because it is the pastor’s wife being paid for her services at the church and not the pastor himself, is there any chance it could be considered excess benefits under the church’s compensation?


Excess benefits that are subject to intermediate sanctions under IRC Section 4958 arise when the church provides something of greater value than what the church receives in return. From this question, it is unclear who is paying for the catering.

If the church is paying for the catering, then the amount paid must be fair market value for those services. Such a transaction would be subject to the rules regarding excess benefit transactions.

If the pastor’s spouse is providing catering to an outside group that has arranged to have an event at the church, then the transaction more than likely is not subject to the rules regarding excess benefit transactions.

In this instance, however, the church must make sure that the arrangement between the church and the outside party hosting the meal is within the exempt purposes of the church, or that the church is receiving fair market value for the use of its facilities.

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

Can “Undue Influence” Jeopardize an Estate Gift?

Learn how undue influence can affect estate gifts to churches and how to navigate these sensitive legal situations.

Last Reviewed: January 21, 2025

Q: An elderly man in our congregation passed away recently. Our church was surprised to learn from the local probate court that he had left most of his estate to the church. He was a widower, with no children. Some of our church board members are concerned that his collateral relatives will challenge the validity of the will on the ground of undue influence. What exactly is undue influence? Can this gift be nullified on this basis?


What Is Undue Influence?

If the recipient of a gift “unduly influenced” the donor into making the gift, the donor (or a legal heir) may have the gift canceled. This rule applies to direct gifts made during one’s lifetime and to gifts contained in documents (such as wills) that take effect after the donor’s death.

Key Points About Undue Influence

1. It Goes Beyond Persuasion or Suggestion

Undue influence connotes total dominion and control over the mind of another. As one court noted, “undue influence is that influence which, by force, coercion or over-persuasion destroys the free agency” of another.

2. Circumstantial Evidence Is Key

Undue influence is generally inferred from the circumstances surrounding a gift. Common factors courts consider include:

  • Whether the gift was the product of hasty action
  • Whether the gift was concealed from others
  • Whether the recipient actively secured the gift
  • Whether the gift was consistent with the donor’s prior plans
  • The donor’s age, physical condition, and mental health
  • Whether a confidential relationship existed between the donor and the recipient
  • Whether the donor had independent legal advice

For additional insights and case studies, refer to the Legal Library.

3. Burden of Proof

Most courts require undue influence to be proven by “clear and convincing” evidence. However, some courts may presume undue influence in specific scenarios, such as:

  • A church member making a direct gift to their minister
  • An attorney drafting a will for a church member who belongs to the same congregation

This presumption is rebuttable but can complicate matters.

4. Timely Action Is Crucial

Relatives or others challenging a gift must act quickly. Unreasonable delays can bar any recovery.

5. Churches’ Moral Obligations

Church leaders have a moral obligation to implement the estate plans of deceased members if they believe no undue influence occurred. Succumbing too quickly to threats from disgruntled relatives could violate this trust.

How to Encourage Estate Gifts

Encouraging estate giving can provide significant support for your church’s mission. For best practices and guidance, consult resources on effective estate planning.

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

A Housing Allowance for Two Homes?

Understand the IRS rules for applying a housing allowance to two homes and the critical considerations involved.

Last Reviewed: January 20, 2025

Q: Our pastor owns two homes. One is the home in which he and his family resides. The second is a home in another state where he lived before accepting a call at our church a year ago. He has been unable to sell the former home, so he is renting it. He heard recently that a housing allowance can be applied to the expenses of more than one home. Is that correct? If so, can we increase our pastor’s housing allowance to cover the expenses of both homes?


Can a Housing Allowance Apply to Two Homes?

Your pastor is referring to a recent decision by the United States Tax Court. In this case, the Court ruled that a minister could apply a housing allowance to expenses incurred for two homes: a primary residence and a vacation home. The IRS had argued that the tax code allows a housing allowance to apply only to expenses for “a home,” interpreting the phrase as meaning “one home.” However, the Court rejected this interpretation, stating that the IRS’s reasoning added a “one home” limitation not present in the tax code.

The Court concluded:

[The tax code] requires only that amounts paid as part of a minister’s compensation be used to rent or provide a home, i.e., a dwelling house of the minister, in order to be excluded from the minister’s gross income. In the present case, during each of the years at issue, the ministry paid the minister as part of his compensation [a housing allowance] which he used to provide for himself [two homes]. Those facts satisfy the requirements in [the tax code] for the exclusion from gross income of the portion of the housing allowance with respect to the minister’s second home.

Important Considerations for Applying a Housing Allowance to Two Homes

While the Tax Court ruling suggests that a housing allowance may apply to the expenses for two homes, there are four critical factors to consider:

1. Commercial Use of the Second Home

The court did not address whether a housing allowance can be applied to a second home used for commercial purposes, such as being rented out. The court emphasized that in this case, the minister’s second home was not used for commercial purposes. Therefore, it is reasonable to assume that the second home must serve as the minister’s residence, not as a rental property.

2. Retroactive Designation Is Not Allowed

Housing allowances cannot be designated retroactively. This means ministers cannot apply a housing allowance to past expenses unless the allowance was designated in advance. Churches should ensure allowances are sufficient to cover anticipated expenses for the current year, including any potential expenses related to a second home.

3. Prospective Amendments to Housing Allowances

Churches can amend a housing allowance designation during the year, but only for expenses incurred prospectively. If the housing allowance for a minister did not initially account for the expenses of a second home, the church may revise the allowance for future expenses in the same calendar year.

4. Potential IRS Challenges

The IRS may “not acquiesce” to this Tax Court decision, meaning it may not agree with the ruling and could appeal it or disregard it in future cases involving other taxpayers. Ministers and churches relying on this case could face audit risk. It is crucial to consult a tax professional before relying on this precedent.

Best Practices for Housing Allowances Covering Two Homes

To avoid potential issues, churches and ministers should follow these best practices:

  • Designate housing allowances in advance, ensuring they reflect all anticipated housing-related expenses.
  • Avoid applying a housing allowance to a second home used for commercial purposes, such as a rental property.
  • Consult with a tax professional to assess the risks and implications of applying a housing allowance to two homes.
  • Monitor IRS guidance and legal developments regarding this Tax Court ruling.

FAQ: Housing Allowance on Two Homes

1. Can a housing allowance cover two homes?

Yes, under certain circumstances. The Tax Court has ruled that a housing allowance can apply to expenses for two homes, provided both serve as residences for the minister and are not used for commercial purposes.

2. Can the housing allowance for two homes be applied retroactively?

No, housing allowances must be designated in advance. Retroactive application of housing allowances is not allowed under IRS regulations.

3. What happens if the IRS disagrees with the Tax Court ruling?

The IRS may challenge this interpretation in future cases or audits. Ministers and churches relying on this precedent should seek advice from a qualified tax professional.

4. Should churches increase a housing allowance to cover two homes?

If appropriate, churches can amend housing allowances prospectively to cover expenses for two homes, provided the allowance complies with IRS rules and tax code requirements.

For further details, consult IRS.gov or seek advice from a tax professional experienced in housing allowance regulations.

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

Small Group Privacy: What Are the Limits?

Can conversations end up in court?

Q: We strive to maintain strict confidentiality within our small groups at church. Recently, though, a woman who was considering joining one of our groups told me that members of her previous church’s small group got called into court to testify against her in a lawsuit based on information she had shared with her small group. Before joining us, she wanted to be assured that sort of thing would not happen again.

So my question is, how private are small groups really? We typically get information secondhand and are not usually witnesses to things that happen in people’s homes or in their personal relationships. So can we—should we—be required to appear in court about things we might know about from small group sessions? Are we able to assure people that our groups are in fact safe for them? Is there any case history that addresses these issues?


What the law says about confidentiality

The law recognizes that certain conversations should be—and should remain—confidential. For example, a private conversation between an individual and their attorney, minister or health care professional remains confidential under most circumstances, and a court may not require that the attorney, minister and/or health care professional tell about the conversation. In legal lingo, that is called a privileged conversation. A privileged conversation is one where only two people are present—the person seeking advice and the attorney, minister and/or health care provider. The presence of third party, such as a friend, will void the privilege.

Since the small group involves multiple individuals, the conversations that take place in small groups are not privileged conversations for legal purposes. Anyone present can be compelled by a court to tell what happened. There is nothing you can do to prevent this possibility.

This does not mean that one cannot create an agreement among the group members where the members agree to keep the conversation private except when compelled by a court order to share the conversation. In this case, the group members would have the right to sue if a member of the group shared the contents of the conversation with anyone outside the parties to the agreement.

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

Protecting Church Members from Fraud in Churches

Discover key strategies for safeguarding church members from financial fraud and scams.

Last Reviewed: January 21, 2025

Q: An older woman from a foreign country, who calls herself a prophet, appeared at our church and solicited financial support from our congregants in exchange for praying over our cathedral for approximately six months. An affluent member of the church volunteered to let her stay in his home. No one knows anything about this woman—who is quite assertive—and exactly where she is from. She continually talks about not having any money for her trips, and yet she wears expensive jewelry and outfits. Some of us are concerned. How can a church protect itself from such strangers showing up and taking advantage of the generosity of members of a congregation?


Fraud in Churches: A Growing Concern

According to some reports, nearly two-thirds of all financial frauds are promoted through common church involvement. Fraudsters exploit the trust developed within church communities and the lack of financial sophistication of many members. This trust-based environment makes congregations particularly vulnerable to scams.

Recognizing Red Flags

  • Individuals seeking monetary resources or investments from members or the church should be approached with caution.
  • Signs such as inconsistent stories or a mismatch between appearances (e.g., expensive clothing and jewelry) and requests for financial help should raise concerns.
  • Assertive or overly insistent behavior may also be a warning sign.

Steps to Protect Your Church

The church should take the following actions to protect its members from fraud:

  • Verify Background: Ask the individual for information about their residence and places of worship for the last five years.
  • Request References: Seek pastoral and personal references covering the same period.
  • Conduct Background Checks: Hire a private investigator to run criminal background checks and credit reports. These reports typically cost a few hundred dollars and can reveal critical information.
  • Set a Clear Timeline: Expect the individual to provide the requested information within a day or two. Delays or refusals to cooperate should be treated as red flags.
  • Take Action if Necessary: If the individual cannot provide satisfactory information, the church should request that they leave the congregation and refrain from contacting members.

Reporting to Authorities

If the church suspects fraudulent activity, it should report its concerns to local law enforcement. This step ensures that any potential exploitation is properly documented and investigated.

Conclusion

Church leaders have a responsibility to safeguard their members from financial exploitation. By implementing these proactive measures, churches can foster a secure environment that protects congregants from fraud while maintaining trust and integrity within the community.

FAQs on Fraud in Churches

  • How can we identify potential fraudsters in our church? Look for inconsistencies in their stories, unexplained wealth, or aggressive solicitation of funds.
  • What steps should we take to verify someone’s background? Request references, conduct background checks, and ask for detailed personal and professional information.
  • What should we do if someone refuses to provide information? Politely ask them to leave and refrain from contacting members. Report any suspicions to the authorities.
  • How can we educate our congregation about fraud? Regularly discuss fraud prevention strategies during church meetings and distribute informational materials.
Frank Sommerville is a both a CPA and attorney, and a longtime Editorial Advisor for Church Law & Tax.

When the Bank Says ‘No’: Turning Rejection Into Opportunity

A loan rejection can feel disheartening, but it doesn’t have to end your church’s plans. Learn how to explore new lenders, revise projects, and improve finances to turn a “no” into a future “yes.”

Rejection is no fun under any circumstance.

It can be especially disheartening for a church when a lender rejects its initial loan application for a capital construction project. But the first “no” does not necessarily doom your chances to finish the project. Your church can pursue another lender, adjust the project, improve its financial situation, or a combination of the three.

Always ask ‘Why?’

Lenders will refuse a church’s loan proposal in more subtle ways than an outright “no.” Instead, a lender might reduce the amount it is willing to offer. In other scenarios, the lender has more clear reasons for the rejection, and the unsuccessful church should ask for reasons why.

“Listen. As that lender is telling you no, they are really saying ‘not that way’ or ‘not now’ or ‘not that much.’ If you can hear them out, they will usually give you some clues about what to do next so that your future request might be approved,” says David Van Winkle, vice president of sales for the Evangelical Christian Credit Union.

Shop other banks

After a refusal, shop other banks to compare interest rates, loan programs, and financial requirements. The refusal could also be a cue to explore other sources, such as your denomination, grants, and bonding programs. If the first effort involved a lender that isn’t familiar with churches, look for one that specializes in that market.

“Match up the loan you’re seeking with the type of loan that particular institution makes. That can’t be stressed enough,” says Frank Sommerville, an attorney and CPA who specializes in helping nonprofit organizations.

Rethink the plan

Adjusting the project after a rejection is another practical option, says Brian McAuliffe, executive pastor for Willow Creek Community Church.

“Rethink the plan, rescale the plan, get creative about timing. Hold off until you can raise the cash or the economic factors change,” he says.

The lender’s refusal can be a motivator to do the hard work needed to strengthen the weak spots in your church’s finances, too. Get a prescription for improvement from the prospective lender, follow it, and come back in a year to try again.

“The single most common prescription is slightly lower borrowing capacity and building size,” says Dan Mikes, executive vice president of Bank of the West’s church loan division. “Another common one, at least in the current environment, is to say, ‘You’re a little thin on cash.’ You should have one to three months of expenses held in operating reserve.”

The initial rejection can force your church to look harder at its ministry priorities. It can serve as a way to rally the congregation.

“You can tell the congregation that you believe in the project and feel God is on their side,” McAuliffe says. “Of course it still has to fit a reasonable financial model. You just cannot do a project and say God will provide. That would be fiscally irresponsible.”

Dr. Veronica Abney is the president of Abney and Associates, and a certified church administrator with The Church Network. Abney serves as an adjunct faculty member at Olivet Nazarene University, where she earned her Ed.D.

Building Faithful Foundations: Financial Strategies for Church Construction in Tough Economic Times

Planning a church construction project in tough economic times? Learn how to balance faith and finances with strategies like capital campaigns, lender partnerships, and pay-as-you-go projects.

Last Reviewed: January 27, 2025

When a deep recession arrived in 2008, churches operated in the most challenging financial climate since the Great Depression—an economic version of a classic biblical drought with money, credit, and confidence drying up.

Yet many church leaders still planned to expand facilities, despite the bleak outlook. A 2010 survey commissioned by Christianity Todayand the Cornerstone Knowledge Network, which showed that 45 percent of the 485 leaders who responded planned to build within the next 18 months.

Optimism alone only goes so far. In challenging economic times, success also comes from a combination of diamond-sharp vision and a grasp of all the financial possibilities.

When the economy is poor, it forces churches to envision only those facilities that are aligned with top ministry priorities. A church cannot simply add square footage to a project and expect buy-in. Donors want to know exactly where their funds are going—and why.

Jim Sheppard, chief executive officer of Generis, a church fundraising firm, advises his clients to concentrate on the “wow” (we really need to do this), the “now” (we need to do it as quickly as possible), and the project’s alignment with every other ministry of the church.

First Steps

Contact a lender early and ask for a borrowing capacity analysis. There is no cost or obligation for this service, which can be turned around in a few days.

“It’s fairly common to have to scale the facility to the size of the church’s financial profile,” says Dan Mikes, executive vice president of Bank of the West’s church loan division. “I can’t tell you how many times I’ve walked through a building with a pastor and opened up a closet door to see a foot-tall pile of blueprints that they spent $10,000 on, only to find the building was out of their reach.”

The adjustment can also involve the “when.” Securing a large sum of money to finish a huge project all at once may not be the wisest move. One alternative is to complete the project one logical segment at a time.

“There are things that are vital and important and things that are nice. The vital should get done first. You can add in the other elements as you are financially able,” says Brian McAuliffe, executive pastor of Willow Creek Community Church in South Barrington, Illinois.

A Clear View

Lenders will want to see a clear picture of the financial health and history of the church to discover its realistic borrowing capacity.

“It’s a little unrealistic that someone will repay a loan that’s 10 times their annual income,” says Frank Sommerville, a Texas attorney and CPA who specializes in non-profit law. “What can you afford? Have you been saving? What sort of reserves do you have? It’s important to demonstrate money going into savings and your ability to ultimately repay.”

A lender will carefully examine your church’s revenue and attendance trends. The guiding principle, according to several industry sources, is “cash is king, but cash flow is emperor.” Does a church have a “historic cash flow” going back two to three years to indicate that it would be able to handle the loan payments? These figures will carry far more weight than promises and pledges to repay.

A church will need to demonstrate its payback capability with a strong loan-to-value ratio, which is calculated by dividing the amount of the loan by the value of the property loaned against. Lenders usually like to see a 75 percent ratio, says Bill Couchenour, CEO of Cogun Inc., which designs and builds churches.

A church needs to be realistic about the market value of its current property, Couchenour says.Mikes urges churches to be wary of counting on the sale of existing property to propel the payment of the new loan.

“You might think you’ve got an executed sale agreement but never know about that buyer’s lender, the contingencies in buyer’s financing commitment or other things that could go wrong,” Mikes says.

Lenders consider these other factors:

  • Credit rating.
  • A description of the project, with approximate dollar amounts, including furniture, fixtures, and equipment.
  • Attendance history, particularly growth patterns.
  • Demographic studies.
  • Two to three years of giving history and future projections.
  • Titles and other property documentation.
  • Balance sheets that are professional and complete.
  • The church budget and any other audited financial statements.
  • An explanation of how the church will perform capital fundraising and retire the debt.

Lenders don’t like surprises. A professionally prepared and complete documentation package will help move the process forward. Taking this approach could make a difference in borderline cases.

Lenders look at the human side of the entire package the church presents. They want to know that church leaders are passionate and skilled and that the ministry vision is compelling enough to attract people. But those factors won’t tip the balance if the financial side doesn’t add up.

Church size may be a factor to the lender. A small church does not need a lot of money, but also has limited cash flow. The flipside is true of a big church: it has plenty of cash flow history but needs big money for its project. As with private business, some lenders specialize in small loans while others go for the “Fortune 500” churches.

Study the Lenders

Any potential lender should come under scrutiny by the church as well. The first question is whether the lender has programs aimed at the church market.

Review the history of the lender to find out how long it has been in existence. Examine its financials to ensure that it is strong, and that it possesses the assets to survive for the term of the loan. See if the bank has any history lending to churches or not-for-profits.

“If so, you know they will better understand your organization, its financial statement, cash flow, financial goals, and projections,” Van Winkle says.

Some institutions, such as Bank of the West, didn’t change their underwriting criteria during the 2008 recession. One reason, Mikes says, was that its church clients maintained their 0 percent delinquency rates. At the same time, loan approval rates declined.

“That’s because some churches are seeing some decline in revenue and cash flow. But we’re taking as many applications as we want with all the capital we could hope to have, wanting to make as many loans as we can possibly make,” Mikes says.

However, in some cases during the recession, churches defaulted on their loans, which forced lenders to foreclose. Banks responded by combining a willingness to lend with a more conservative approach, such as asking for a higher down payment, and a more careful examination of financial statements.

On the upside, interest rates were at a historically low rate. This situation, plus the possibility of future inflation, presented an opportunity for churches to seek a new loan or refinance an existing one.

Financing Alternatives

Along with loans, raising money in difficult economic times requires a long look into other financing alternatives, such as capital campaigns, bonding, and pay-as-you-go projects.

Capital campaigns: Going to the congregation in a capital campaign appeals to the generosity of Christians, but it may conflict with the reality of a generally less prosperous donor pool.

A necessary opening move, Sheppard says, is an effective behind-the-scenes approach to high-quality donors. This campaign-before-the-campaign helps make your vision more airtight and gets the biggest players on board.

“Churches, for whatever reason, either don’t know how to do this or don’t want to do it. Maybe they’re scared about violating the admonition against favoritism in James. But [major donors] can give you input that nobody else can give you,” Sheppard says. “If they’re not going to buy into it, that’s a pretty good indication that the rest of your church won’t buy in, either.”

The end product of the campaign must be the right and only solution to the challenge a church may be facing.

“The vision for the campaign must be extremely compelling,” says Willow Creek’s McAuliffe. “The end product of the campaign must be the right and only solution to the challenge a church may be facing. If there are less costly, short-term fixes, congregants will go to that solution and want to deal with the big fix at a more stable economic period.”

Bonding: Another approach involves going to the congregation and others and asking them to invest in bonds used to finance a project. Instead of one huge investor, the project has multiple stakeholders, each owning a small piece of the loan.

There are two primary bond types: (1) best effort underwriting, where the underwriter guarantees its best efforts but not that all bonds will be sold; and (2) guaranteed, where a firm underwriter purchases all the bonds and resells them to investors, guaranteeing a return to the church.

“Every church seeking to borrow more than $1 million should get a quote from a bond company to compare with commercial loan alternatives,” says Scott Rolfs, managing director of Ziegler Church and School Finance, a Milwaukee-based bonding firm. “Ultimately, the more choices that are available, the more likely the church will end up with something that best fits its ministry.”

Pay as you go: A church can be patient and take a pay-as-you-go approach, raising funds by a variety of methods short of borrowing. Here a church focuses on more than cash immediately available. Property, stock, vehicles, and other assets could be sold to raise funds. Family connections outside the church could be tapped. Short-term lines of credit could be strategically used and repaid by the end of the project.

“[This can be] very smart, especially if the church is debt averse,” McAuliffe says. “If you can break up the project that way and pay for it as you do each phase, that would be a great plan. The key is not signing a contract for more resources than you have on hand or will have on hand by the time you have to pay for that part of the long-term project.”

One downside of the pay-as-you-go approach is the possibility that a church may have to wait to fill a ministry gap best addressed by new facilities now. Another is that a congregation asked to undertake an extended capital campaign may experience “giving fatigue.” If giving stalls, then the church could end up approaching a lender and borrowing the amount needed to finish the project.

Start Early

Whatever scenario your church selects, start early, especially if the objective is to build for cash. If borrowing, contact a lender when your balance sheet is strong, and not while you are in the middle of a project and cash flow slows to a trickle. Develop a margin between income and expenses. Create a building fund.

“I would like to get churches into that mindset of planning ahead for those kinds of things,” Couchenour says. “When it comes to a point where you know you can continue to expand ministry but need facilities to do that, it can be wise to borrow. The general rule is to borrow the least amount possible to be able to get the facilities you need to continue to expand ministry.”

Legal Guidelines for Interview Questions About Attendance

Understand how to address attendance concerns legally during church hiring interviews. Explore compliant questions that avoid discrimination and align with federal, state, and local regulations.

Last Reviewed: January 28, 2025

Q: We are trying to fill a vacant position on our church staff. Because we’re a small church, consistent attendance by our employees is crucial. Is it legal in an interview to ask approximately how many days in the past year a prospective employee has been absent from work? Can I ask the prospective employee’s references this question?


Asking these questions could lead to charges of unlawful discrimination against your church. But first we must determine whether the nondiscrimination statutes apply to your church. If your church is small enough (less than 15 employees), then the federal nondiscrimination statutes do not apply. Second, though you did not indicate your city, county and state, it is helpful to note that most states and many cities also have nondiscrimination statutes. They may apply if the federal statute does not apply. So you will need to research your state, county and city to determine whether nondiscrimination laws apply to your church in any of those domains.

If any nondiscrimination statutes apply to your church, then you cannot ask about prior absences because the answers provided may lead to unlawful discrimination based on the Americans with Disabilities Act (or the state, county or city equivalent). Also, many state workers’ compensation statutes prohibit discrimination against those who have previously filed workers’ compensation claims. Since your question could cause an applicant to reveal prior workers’ compensation claims, your question is illegal in those states.

However, there may be a way to ask the question in such away that it avoids unlawful discrimination. Instead, you may ask, “Since we are a small church, this job demands that you show up for work on time, everyday. Do you know of any reasons you could not fulfill this job requirement? Have you had a similar job requirement in your prior positions? If so, how did you perform on this requirement?” Since you have tied your questions back to your current job description and requirements, it is unlikely that you will be challenged on these questions.

Finally, the same rules apply to reference checks. You can ask the prospective employee’s references the same legally allowed questions that you can ask an applicant.

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

Keeping Winter Outings Safe

What churches should do with skiing, snowboarding, and sledding activities.

Many churches sponsor recreational activities during the winter months. A few safety tips can greatly reduce the potential for serious injuries. In recent years, the number of total injuries to skiers has declined, but the number of head injuries has stayed about the same. However, for snowboarders, both numbers have significantly increased.

The overall accident rate has tripled and head injuries have increased by a factor of five. One important factor is that children are more likely to experience a head injury and are participating in snowboarding in increasing numbers, especially for those between 7 and 11 years of age.

The Consumer Product Safety Commission has estimated that a helmet would have prevented or lessened the severity of two-thirds of the injuries associated with a fall. Falls are the leading cause of head and neck injuries.

In addition to helmets, skiers should also be encouraged to wear wristbands. Wrist injuries often occur as individuals stretch out their arms to break a fall. Sledding also requires careful supervision. Each year, serious accidents occur as the result of collisions with obstacles such as trees and with other children. Sleds can achieve high speeds and sleds with runners can cause particularly bad injuries. Makes sure that sled runs are clear and avoid the use of sleds that have runner blades.

If your church is planning a skiing, snowboarding, or sledding activity, be sure to encourage participants to wear helmets and wristbands. Also, instruct skiers to:

  • maintain a safe speed,
  • stay on trails,
  • use trails for their level of expertise,
  • slow down at points where ski trails merge, and
  • take regular breaks and not to ski when they are tired.

In addition, instruct supervisors to correct inappropriate behavior immediately and basic emergency prodcedures in case of an accident or a health problem.

James F. Cobble, Jr., received his master of divinity degree from McCormick Theological Seminary, and also has doctoral degrees from both Princeton Theological Seminary and the University of Illinois.
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A Church Leader’s Guide to Socially Responsible Investing

Church leaders often face challenges in socially responsible investing. Learn how to define ethical priorities, assess investment funds, and ensure strong financial returns while staying true to your church’s values.

Last Reviewed: May 8, 2025

Church leaders today may find themselves overseeing endowments, capital accounts, or even pension funds. Decisions can range from high-level investment policies to more specific choices—such as which funds to include in a 403(b) plan.

But one challenging question often arises:
How do you choose investment funds that align with your congregation’s social or moral values?

Should your church avoid companies that profit from alcohol? Or is the greater concern how companies treat workers in developing countries? Maybe both?


There’s No Perfect Investment

Just like there’s no perfect job or candidate, there’s no perfect investment either. That’s why church leaders need to:

  • Prioritize values based on what matters most to their congregation;
  • Balance those values with risk, return, and cost;
  • Communicate investment goals clearly to staff and board members.

Social Values Don’t Mean Sacrificing Returns

Every investor who cares about social responsibility has different concerns. While risk and return should remain central, moral values can be integrated into investment decisions—without necessarily giving up performance.

In academic finance, what a company does is often ignored; only its risk and return matter. While this may seem out of touch, it offers insights into effective social investing.

For Example:

A fund that excludes tobacco companies might lose performance unless it replaces them with companies that have similar characteristics. Tobacco firms sell branded, addictive consumer goods—but so do:

  • Candy manufacturers;
  • Soft drink companies;
  • Razor brands.

By replacing tobacco stocks with companies that have similar market behavior, a portfolio can stay balanced without compromising values.

Many socially responsible mutual funds perform similarly to their unrestricted peers—largely thanks to smart fund managers.

Don’t expect better performance, but you shouldn’t accept worse, either.


Define What “Socially Responsible” Means

Before making investment decisions, your church needs a clear definition of what counts as “social” or “moral” investing.

  • Denominational churches may have official guidelines;
  • Nondenominational churches will need to reference their own doctrinal beliefs;
  • If guidelines aren’t clear, your investment committee will need to create them.

Examples of Varying Standards:

  • Some churches view gambling as a sin while others raise money through bingo nights.

This diversity makes it crucial to:

  • Set specific exclusions or inclusions;
  • Avoid relying on a vague sense of what’s “good” or “bad.”

Resources for Evaluating Socially Responsible Funds

A helpful starting point is the Social Investment Forum:

🔗 Social Investment Forum – SRI Basics
This guide explains how different mutual funds apply Socially Responsible Investing (SRI) guidelines. It’s a great tool for:

  • Defining your church’s investment policy;
  • Identifying mutual funds that align with your values.

Evaluate Performance, Not Just Principles

Once you’ve found funds that align with your values, the next step is to evaluate their performance.

Free Tools to Use:

  1. Morningstar:
    • Compares social and religious funds by investment objective (growth, bonds, and so on);
    • Helps you assess performance as an investment, not just as a moral stance.
  2. Yahoo! Finance:
    • Offers fund performance data;
    • Lets you compare funds to stock market indexes and bond returns;
    • Reveals how funds are really doing, even in a difficult market.

Note: If a fund consistently underperforms the market—beyond the overall trend—it might be time to look elsewhere.


Be Cautious About Denomination-Branded Funds

Some mutual funds are marketed to specific denominations, but that doesn’t mean they’re the best fit.

Examples:

  • MMA-Praxis Funds target Mennonites but appeal to others avoiding alcohol, defense, gambling, and tobacco stocks.
  • Amana Mutual Funds follow Islamic finance principles:
    • Avoid alcohol, tobacco, gambling
    • Also exclude pork producers and traditional banks—principles some Christian investors may also appreciate

However, some denominational funds may be more marketing than substance and marked by:

  • High fees;
  • Poor performance;
  • Superficial alignment with religious values.

Beware: If a fund sounds “perfect” but performs terribly, it may be appealing more to emotion than fiduciary duty.


Recognize the Limits of Social Investing

No investment policy—no matter how values-driven—can create instant change.

  • Avoiding Molson Coors Beverage Co. won’t put them out of the brewing business.
  • Shareholder activism and boycotts can lead to small changes in corporate behavior over time.

That said, if your church invests in stocks directly:

  • Always vote the proxies during annual shareholder meetings;
  • Social proposals often appear on these ballots;
  • Consider this a service opportunity—perhaps for a young adult group that has financial professionals as members.

Final Thought: Stay Balanced

Social investing doesn’t have to mean poor performance—but it can if emotion outweighs analysis.

As traders say:

“The stock doesn’t know you own it.”

Just because you like a company or admire its values doesn’t mean it will succeed in the market.

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

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Running a Business in a Church: Key Legal and Tax Considerations

Key considerations for running a business in a church, including tax implications, liability risks, and zoning compliance.

Last Reviewed: January 8, 2025

Q: A member of our church owns a cookie business and wants to use the church’s commercial-grade kitchen to bake cookies for public sale. Can we allow this as an accommodation to her? Are there legal or other concerns we should consider?


While this might seem like a generous accommodation, allowing running a business in a church raises several legal, tax, and operational concerns. Before proceeding, church leaders should carefully evaluate these potential issues.

Allowing a business to operate on church property exposes the church to liability risks. For example, if someone becomes ill after consuming the cookies, the church could face legal claims based on agency principles or other legal grounds. Even with a well-drafted agreement, these risks may not be fully mitigated.

Public Health Regulations

By permitting the use of church facilities for commercial food preparation, the church may become subject to stringent state and local health regulations. These include inspections, certifications, and adherence to commercial food safety standards, which could complicate operations and increase oversight responsibilities.

Unrelated Business Income Tax (UBIT)

If the church receives rental income from this arrangement, it may trigger the IRS’s unrelated business income tax (UBIT) rules. This could necessitate filing an annual Form 990-T and paying taxes on any net income. However, some exceptions might apply, such as if the use of facilities is primarily conducted by volunteers or for activities substantially related to the church’s mission. Learn more about UBIT at the IRS UBIT guidance page.

Property Tax Exemption Concerns

Allowing a commercial enterprise to operate on church property could jeopardize the church’s property tax exemption. In some states, using church property for non-exempt purposes may result in partial or full loss of the exemption.

Zoning Regulations

Local zoning laws may prohibit running a business in a church. For instance, a commercial baking operation might not be an authorized use within the zoning district where the church is located. Violating zoning regulations could lead to fines or legal disputes.

Compliance with IRS Section 501(c)(3)

The church’s tax-exempt status under Section 501(c)(3) requires that it operate exclusively for exempt purposes. Allowing a commercial business to operate within the church could be viewed as inconsistent with this requirement, potentially risking the church’s federal income tax exemption.

Establishing a Precedent

Granting permission to one member could set a precedent, leading to similar requests. Denying future requests may create perceptions of favoritism, while approving them could result in an influx of commercial activities, detracting from the church’s primary mission. As Matthew 21:13 reminds us, “My house shall be called a house of prayer.”

Steps for Churches to Consider

If your church is considering allowing a business to operate on its property, here are some critical steps to take:

  • Consult Legal Counsel: Seek guidance to understand the legal implications and draft agreements that protect the church from liability.
  • Review Local Regulations: Ensure compliance with zoning laws, health regulations, and other local requirements.
  • Assess Tax Implications: Work with a tax professional to evaluate potential UBIT liabilities and maintain compliance with tax-exempt status requirements.
  • Establish Clear Policies: Develop a policy governing the use of church facilities to ensure consistent decision-making and avoid favoritism.

FAQs: Running a Business in a Church

1. Can a church allow a business to operate on its property?

Yes, but doing so may create legal, tax, and operational risks. Churches should evaluate liability, zoning, and IRS requirements before proceeding.

2. Does rental income from a business on church property trigger UBIT?

Rental income may be subject to unrelated business income tax (UBIT), especially if the activity is not substantially related to the church’s mission.

3. Could a business on church property impact property tax exemptions?

Yes, using church property for non-exempt purposes could jeopardize its property tax exemption in some states.

4. How can a church avoid risks when accommodating businesses?

Churches should consult legal and tax professionals, comply with zoning laws, and establish clear policies for facility use.

Allowing running a business in a church requires careful consideration of legal, tax, and operational risks. By taking proactive steps and seeking professional guidance, churches can make informed decisions that protect their mission and resources.

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

Combining a Church’s Constitution & Bylaws

Having both documents often leads to inconsistencies.

Q: Our church has both a constitution and bylaws. We have appointed a committee to review our documents, and propose changes that will be presented at a specially called business meeting for our members to consider. Some members of the committee have recommended that we combine our constitution and bylaws into a single document. Would this be a good idea?


In the past, it was common for churches to have both a constitution and bylaws. Routine rules of administration were placed in the bylaws, which could be amended without notice at any duly called membership meeting by a simple majority vote. But more fundamental matters, such as church doctrine and the disposition of property, were placed in a constitution that was more difficult to amend. To illustrate, a church’s constitution might be amendable only with advance, written notice and by a supermajority vote (i.e., two-thirds).

Having both a constitution and bylaws often leads to inconsistencies between the two documents over time. Here’s why. Churches with both a constitution and bylaws typically address many of the same issues in both documents. And, since amendments in one document may not be made to similar provisions in the other, inconsistencies and ambiguities emerge that are either go undetected, or create confusion and possibly dissension among members.

To illustrate, assume that at a membership meeting a church’s membership approves an amendment to the bylaws pertaining to the size of the church board. However, the members fail to notice or amend a corresponding provision in the church’s constitution. The two documents are now in conflict.

Consider another example. A church’s constitution and bylaws both require sales of church property to be approved by a two-thirds vote of the membership. At an annual business meeting the church membership votes to amend the bylaws to reduce the two-thirds vote required for a sale of church property to a simple majority. However, the membership fails to amend the constitution to reflect this change. Years later, the church board proposes a relocation of the church and a sale of the church property.

Many members oppose this proposal. A special business meeting is called, and a simple majority votes to sell the church property and relocate. What is the legal significance of this vote? What is the relevance of the fact that the constitution still requires a two-thirds vote? Such inconsistencies are much more likely to occur if a church has two governing documents.

Are there potential advantages to having two governing documents? Some contend that it is desirable to have a constitution that contains matters of fundamental importance and that is more difficult to amend than the bylaws. Certainly this is a valid point. But, the same advantage can be achieved in churches having only one governing document (the bylaws) through judicious wording of the amendments section. To illustrate, the amendments section can provide for amendments by majority vote and without advance notice except for amendments to specified articles that require advance notice and a supermajority vote. An attorney can assist you in preparing appropriate language. In fact, it is a good idea to have your governing documents reviewed by an attorney periodically, especially if they were drafted many years ago and without legal assistance. Note, however, that churches affiliated with a parent denomination need to comply with any denominational requirements pertaining to governing documents. Church leaders should be familiar with such requirements.

In recent years, the more common practice among churches and other nonprofit organizations is to have only one governing document. There are two main advantages of this approach. First, a single document is more accessible since items can more readily be found in one document than in two documents. Second, a single document avoids the inconsistencies that often characterize two documents.

Identifying a single body of rules as the “constitution and bylaws” without any attempt to distinguish between the two is a common but confusing and inappropriate practice.

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

Can a Housing Allowance Cover Legal Fees in an Eminent Domain Case?

Understand the IRS stance on housing allowances and legal fees in eminent domain cases and how to navigate related challenges.

Last Reviewed: January 20, 2025

Q: Our city government informed our pastor a few years ago that it was going to acquire his home in an eminent domain proceeding. Our pastor objected to this and hired an attorney to fight it. He incurred substantial legal fees in what turned out to be a successful challenge. Now he is asking if the housing allowance designated by our church can be applied to his legal fees. Can they?


What Is Eminent Domain?

Eminent domain is the power of the government to acquire private property for public use. This often requires the owner to vacate the property. Property owners are often compensated. However, disputes can arise regarding the fairness of the compensation or the need for the acquisition itself. These disputes sometimes lead to legal challenges, as was the case with your pastor.

Neither the IRS nor any court has explicitly addressed whether housing allowances can be applied to legal fees incurred in eminent domain cases. However, similar rulings suggest that these legal fees likely do not qualify as “housing-related expenses.”

For example, in cases involving home equity loans, ministers have attempted to apply housing allowances to loan repayments by arguing that the loans were secured by their homes. The IRS and the Tax Court have rejected these claims, stating that housing allowances can only be applied to direct housing-related expenses. Based on this precedent, it is likely that the IRS would also rule that legal fees incurred to prevent a home’s seizure through eminent domain do not qualify as housing-related expenses.

Key Precedent: Rasmussen v. Commissioner

In Rasmussen v. Commissioner, T.C. Memo. 1994-311, the Tax Court ruled that housing allowances could not be applied to loan repayments unless the loans were used exclusively for housing-related expenses. The court stated:

“Exemptions from gross income are to be construed narrowly … and [federal law does not] provide for the exclusion of payments on loans secured by a home if they are not used to ‘provide a home.’ The proceeds of the loans were used to pay personal expenses unrelated to their home. Thus … the portion of the parsonage allowance used to repay the loans was not used for the maintenance or purchase of the home.”

This reasoning likely applies to legal fees in eminent domain cases, as the fees are not direct housing expenses but rather costs incurred to prevent the loss of a home.

What Should Churches and Ministers Do?

Given the lack of specific IRS guidance on this issue, it is advisable for churches and ministers to proceed cautiously. Here are some best practices:

  • Consult with a qualified tax professional before attempting to apply a housing allowance to legal fees related to eminent domain cases.
  • Document all expenses carefully, specifying how funds are used to provide or maintain housing.
  • Recognize that applying a housing allowance to legal fees could expose ministers to audit risks if the IRS challenges the interpretation.

FAQ: Eminent Domain and Housing Allowances

1. What is eminent domain?

Eminent domain is the government’s authority to acquire private property for public use, often with compensation to the property owner.

It is unlikely, as these fees do not qualify as direct housing-related expenses. The IRS has not provided specific guidance on this matter.

Housing-related expenses include costs directly tied to maintaining or providing a home, such as mortgage payments, property taxes, utilities, and maintenance costs.

4. What should a minister do if they face an eminent domain case?

Consult with a tax professional and document all expenses related to the case. Avoid assuming that legal fees qualify for a housing allowance without expert advice.

For more information, refer to IRS.gov or consult a tax professional familiar with clergy tax regulations.

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

What Happens If a Church Fails to Obtain Workers Compensation Insurance?

Churches without required workers compensation insurance may face lawsuits or financial liability. Here’s what you need to know about compliance.

Last Reviewed: January 30, 2025

Q: If a church is not exempt from workers compensation law, what is the effect of its failure to obtain workers compensation insurance?


Most workers compensation laws are compulsory.

The employer has no prerogative to remain outside the system.

In a “compulsory” jurisdiction, a covered employer that fails to obtain workers compensation insurance will ordinarily be subject to a direct action by an injured employee. Or it may be treated as a “self-insurer” and accordingly be liable for the damages prescribed by the workers compensation law.

A few states permit employers to elect coverage under workers compensation law. To coerce employers into electing coverage, these states impose various legal disabilities upon employers that do not elect coverage.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.
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Church Food Safety: Don’t Spoil a Good Time

Don’t let bad food spoil a good time at your next church potluck.

Last Reviewed: February 11, 2025

Bring out the food, and the fellowship is close behind. Church dinners offer an excellent opportunity to bring the community together. Poor food preparation can spoil a good time, though, so use the following precautions before your next church potluck.

Food Preparation

Look for warning signs. Don’t purchase or use canned goods that are damaged or rusted. These signs indicate the food may not be safe regardless of how you prepare it.

Separate quarters. Keep raw seafood, poultry, and meat away from other foods. Use separate cutting boards and make sure any juices are contained.

Now you’re cooking. Use a food thermometer to make sure cooked food is heated to the proper temperature. Check the temperature in several places to ensure even cooking.

During the Event

Avoid the danger zone. The danger zone for food is between 40° and 140 °. Keep hot food hot and cold food cold—and all food out of the danger zone.

Keep the evidence. If you suspect a food-borne illness, preserve as much evidence as you can. Save a sample of any suspect food in the freezer—clearly marked as “dangerous.” Retain all packaging if possible and contact the appropriate authorities for investigation.

Clean-up time. Store leftovers in the refrigerator or freezer within 2 hours of preparation or within 1 hour if the temperature is above 90°. Do not re-use a container that held raw foods.

Ministering with Food

Consider outreach opportunities. Look for ways to minister with food beyond the congregation potluck. Food ministries can feed the hungry or provide employment opportunities for those in need.

Examine your facilities. Think about current or future food ministries when considering church improvement projects. Factor in seating, counter space, and whether you cook or simply re-heat food in your kitchen when you plan any improvements.

Understand the regulations. How you use the kitchen may determine what kind of licensing or regulations apply. Check with local authorities as your food ministries grow and change.

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