Should Church Vans Have Child Restraints?

State laws generally require children under a certain weight or height to be secured either in an infant car seat or in a booster seat.

Last Reviewed: May 21, 2025

Q: Several of our Children’s Church volunteers have been transporting 2- to 12-year-olds in the church’s 15-passenger van without child restraints. We have some concern that children requiring safety seats shouldn’t be transported without these restraints. How can we protect our church in this situation?


An important safety concern

Auto accidents are a major cause of injury and claims against ministries, and passenger safety should be an important part of every church’s risk management assessment. Should one of your church’s 15-passenger vans be involved in a collision resulting in injury to the children being transported, your ministry would almost certainly be found to be partially liable for the harm sustained if the children riding in the vans have not been properly secured. For this reason, it’s strongly recommended that all children be placed in appropriate child safety seats.

Know the law

It’s important to note that federal and state laws have been enacted to protect children who ride in motor vehicles. Federal laws deal primarily with transportation to and from school, and with buses and larger vehicles. At the state level, laws vary from one state to another, but they generally require children who are under a certain weight or height to be secured either in an infant car seat or in a booster seat.

The National Transportation Safety Board’s website has useful information on child safety seats.

Other resources

For additional information, see our downloadable resource, Safety on the Road. It includes many helpful articles to further highlight safety considerations for transporting children for church-related activities. You might also contact a state police office within your state for more information specific to local child passenger safety requirements. Finally, consult a local attorney to be sure that you are appropriately complying with all applicable federal and state laws relating to auto passenger safety.

Federal guidance

One other point that is raised by your question relates to the use of 15-passenger vans in transporting passengers to or from ministry activities. Over the past several years, the National Highway Traffic Safety Administration (NHTSA) has issued several safety alerts regarding 15-passenger vans.

And while these vans did have a much higher incidence of roll-over than other vehicles in past years, newer models equipped with electronic stability control are not considered roll-over risks by NHTSA.

However, in light of the NHTSA safety alerts—particularly related to older model vans—it’s suggested that churches consider either replacing their 15-passenger vans with smaller 12-passenger vans, or with the more stable 15- or 16-passenger mini-buses that are now available. If the church decides to continue using 15-passenger vans, it is strongly recommended that no more than 12 occupants be permitted in the van at the same time, and that they not be permitted to sit in the rear seat.

Should you have questions regarding the application of the NHTSA 15-passenger van safety alerts, you’ll want to contact a local attorney who can advise and assist you in your safety and risk management evaluation.

Resolving Church Office Conflict: Biblical Principles and Practical Steps

Discover practical and biblical strategies to resolve church office conflicts. From acknowledging issues to seeking feedback and engaging in honest conversations.

Last Reviewed: January 28, 2025

Conflict in a church office can begin a variety of ways: an employee learns what a colleague earns and becomes jealous; one person gets a promotion over another; a subordinate continually makes insulting jokes and jabs, undermining morale.

What should we do when this happens? Here are some typical steps to consider when conflict happens in your office:

1. Acknowledge the conflict: By saying, “Yes, this is a conflict,” you have identified it and can now contain it. Ken Sande from Peacemaker Ministries suggests the “Three-Day Rule.” Many conflicts are minor and can be overlooked. But, if after three days you are still feeling angry, hurt, or insulted, then you need to resolve the conflict.

2. Get the log out of your own eye: Conflict is often seen in the Bible, so we shouldn’t be surprised to get great advice there as well. Jesus asked:

Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye? How can you say to your brother, ‘Let me take the speck out of your eye,’ when all the time there is a plank in your own eye? You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye.
Matthew 7:3-5 (NIV)

Practically, this means reflecting on what you have brought to the problem. We all want to think that the other person is 100 percent to blame. How can you unearth what your part of the problem is?

3. Allow for two confidants: Everybody needs a confidant, a person that they can share their story with and get honest and supportive feedback (I recommend men talk with men and women talk with women). Many times people do well with one office confidant and one non-office confidant.

Here is how to use a confidant:

  • Ask your confidant to keep your story confidential;
  • Ask your confidant to let you tell your side of the problem;
  • Specifically ask your confidant: “What could I have done better?” and “Are there amends that I need to make?” and “How do you think I can resolve the issue?”
  • 4. Go and talk to the other person: For most office conflicts, this is the best approach. Don’t go alone if the conflict involves physical or sexual abuse.
  • If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over.
    Matthew 18:15 (NIV)
  • Here are some guidelines for conversations like this:
  • Don’t have a hallway conversation;
  • Make an appointment. “Jim, you and I had a conflict yesterday, and I would like to spend some time talking with you about it. When would be a good time for you?”
  • Talk face-to-face. Do not talk via email or phone. Use the phone, if geography dictates, but don’t use email—it almost never works. Email is like pouring gasoline on the fire!
  • Keep the main issues on the table. Perhaps write down your thoughts.
  • 5. Involve your supervisor: If the one-on-one talk doesn’t work, then involve your supervisor. If the conflict is with your supervisor, then get the next person in the hierarchy. You want to follow the intent of Jesus’ words:

    But if he will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses.’
    Matthew 18:16 (NIV)

    In the office, I rarely talk about lines of authority (meaning reporting relationships between bosses, managers, and supervisors, and employees, direct reports, and subordinates.) But with an office conflict, it is vital to follow these lines. It ensures each party in the conflict gets treated fairly. It’s also the legal way to handle conflict—only involve the necessary people.

    Rarely, if ever, involve the “big boss.” When we jump around our supervisors, we don’t treat them well and so we dishonor God. However, you may need to inform the big boss of the conflict.

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

Church employee service awards can be tax-free if they meet IRS qualifications. Here’s what churches need to know.

Last Reviewed: January 30, 2025

Q: Our church is considering an employee service awards program for rewarding employees who have worked a specified number of years for our church. A member of our governing board has asked if these awards would be taxable income to the employees?


Qualified employee achievement awards are not taxable to the employee.

Defining a qualified employee achievement award

A qualified award:

(1) Is tangible personal property (not cash, gift certificates, or securities);

(2) Is given to an employee for length of service or safety achievement;

(3) Comes with a meaningful ceremony, and under circumstances that do not indicate that it is disguised compensation; and

(4) The amount that is not taxable is limited to the employer’s cost and cannot be more than $1,600 ($400 for awards that are not Qualified plan awards) for all such awards received by an employee during the year.

A Qualified plan award is an achievement award given as part of an established written plan or program that does not favor highly compensated employees as to eligibility or benefits. (Check the tax code for what is a highly compensated employee in a given year as the number can change.)

An award is not a Qualified plan award if the average cost of all the employee achievement awards given during the tax year (that would be Qualified plan awards except for this limit) is more than $400. To fi gure this average cost, ignore awards of nominal value.

The exclusion for employee achievement awards does not apply to the following awards:

  • A length−of−service award given to an employee for less than five years of service or if the employee received another length−of−service award during the year or the previous four years.
  • A safety achievement award given to an employee who is a manager, administrator, clerical employee, or other professional employee or if more than 10 percent of eligible employees previously received safety achievement awards during the year.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

IRS Substantiation Requirements for Donated Vehicles: What Churches Need to Know

Understand IRS requirements for vehicle donations to churches, including forms, acknowledgments, and compliance essentials.

Last Reviewed: January 24, 2025

In recent years, Congress and the IRS have tightened rules around the valuation of donated vehicles to ensure accuracy and compliance. These changes, enacted in 2004, introduced stringent IRS substantiation requirements for vehicle donations. Here’s what churches need to know:

1. When the Church Sells a Donated Vehicle Without Significant Use or Alteration

If the church sells the vehicle without using or altering it, the following steps are required:

  • Provide the donor with a written acknowledgment within 30 days of the sale, including:
    • The donor’s name and Social Security number
    • Date of contribution
    • Vehicle Identification Number (VIN)
    • Date of sale
    • Certification that the vehicle was sold in an arm’s-length transaction
    • Gross proceeds from the sale
    • A statement that the deductible amount may not exceed the gross proceeds
    • A description and estimate of any goods or services provided in exchange (or confirmation of intangible religious benefits, if applicable)
  • Submit the same information to the IRS by February 28 of the following year using IRS Form 1098-C. This form may also be used for the donor’s acknowledgment.

2. When the Church Sells the Vehicle Below Market Value or Transfers It to a Needy Individual

When the church sells the vehicle at a significantly reduced price or transfers it to a needy individual to further its exempt purpose:

  • Provide the donor with a written acknowledgment within 30 days, including:
    • The donor’s name and Social Security number
    • Date of contribution
    • Vehicle Identification Number (VIN)
    • A certification of the vehicle’s sale or transfer to a needy individual
    • Confirmation that the sale or transfer aligns with the church’s mission of assisting the underprivileged
    • A description and estimate of any goods or services provided (or confirmation of intangible religious benefits)
  • Submit the same details to the IRS by February 28 of the following year using IRS Form 1098-C.

3. When the Church Significantly Uses or Materially Improves the Vehicle

If the church significantly uses or improves the vehicle before selling it, the following is required:

  • Provide the donor with a written acknowledgment within 30 days, detailing:
    • The donor’s name and Social Security number
    • Date of contribution
    • Vehicle Identification Number (VIN)
    • A description of the intended use or improvement and its duration
    • A certification that the vehicle will not be sold before its use or improvement
    • A description and estimate of any goods or services provided (or confirmation of intangible religious benefits)
  • Submit the same details to the IRS by February 28 of the following year using IRS Form 1098-C.

Additional Notes

  • A qualified appraisal is required for deductions exceeding $5,000 if the deduction is not limited to the gross proceeds from the vehicle’s sale.

Conclusions

Noncompliance with Form 1098-C reporting requirements is a significant issue. To avoid complications, church leaders should familiarize themselves with these guidelines whenever vehicle donations are involved. Proper documentation and timely submission ensure compliance and protect the interests of both the donor and the church.

FAQs

What is Form 1098-C?

Form 1098-C is the IRS form used by charities to report vehicle donations, including key details like the vehicle’s sale price or intended use.

What happens if the vehicle is sold below market value?

If the church sells the vehicle at a reduced price to help a needy individual, this must be documented and reported to both the donor and the IRS.

What if the vehicle donation exceeds $5,000?

A qualified appraisal is required for deductions exceeding $5,000, unless the deduction is based on gross proceeds from the sale.

What is the deadline for submitting Form 1098-C?

Form 1098-C must be submitted to the IRS by February 28 of the year following the donation.

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

Taxes on Special Occasion Gifts for Ministers

Understand the tax implications of special occasion gifts to ministers and the church’s responsibilities for proper handling and reporting.

Last Reviewed: January 24, 2025

Special Occasion Gifts and Their Tax Implications

Q: We are having a special occasion program for two ministers at our church. If they receive money as a gift from members of the congregation, which would be collected in baskets on the tables and not counted on the offering table, would the ministers have to report this money on their taxes?


Understanding the Tax Treatment of Special Occasion Gifts

Special occasion gifts pose several challenges for churches and the ministers involved. To comply with tax regulations, it is essential to understand how such gifts should be managed and reported.

All Collected Funds Must Be Accounted for by the Church

All funds collected in the context of church activities, including special occasion programs, must come under the control of the church. This means:

  • The church must take possession of the funds given during the program.
  • The funds must be properly accounted for, which includes counting and depositing them through the church’s normal procedures.
  • This requirement applies to all offerings collected during any church-hosted event, whether announced as a special offering or collected by representatives of the church.

Special Occasion Offerings Are Considered Compensation

Special occasion offerings are regarded as another form of compensation for the ministers. Therefore:

  • The church must process the amount intended for the minister through its regular payroll procedures.
  • These gifts are fully taxable to the minister and must be included in their income for tax purposes.
  • The church cannot classify these funds as a “gift” to avoid tax implications.

Ensuring Reasonable Compensation

While congregations often want to express appreciation and gratitude to their pastors with monetary gifts, churches must ensure that the minister’s total compensation package remains reasonable. This means:

  • Comparing the minister’s compensation to churches of similar size, location, and other relevant factors.
  • Ensuring that all compensation, including special occasion gifts, is approved by the church prior to payment.

Resources for Understanding Ministerial Compensation

For a more detailed discussion on tax and compensation issues, including retirement gifts, refer to Chapter 12 of Church Compensation, Second Edition. This resource provides comprehensive guidance for churches navigating these complex matters.

Key Takeaways

  • Special occasion gifts collected during church-hosted events must be managed and reported as compensation.
  • The church is responsible for ensuring compliance with IRS regulations by processing these funds through payroll and ensuring proper taxation.
  • All compensation should be reasonable and approved by the church leadership in advance.

FAQs About Special Occasion Gifts

1. Are special occasion gifts taxable to the minister?

Yes, any special occasion gifts collected and given to the minister are considered taxable income and must be processed through the church’s payroll system.

2. Can a church classify these gifts as tax-free?

No, the IRS requires that such gifts be treated as compensation. Churches cannot classify them as tax-free gifts.

3. What steps should the church take when collecting special occasion gifts?

The church must take possession of the funds, account for them properly, and include them in the minister’s taxable income through payroll processing.

4. How can a church ensure the minister’s compensation is reasonable?

Churches should benchmark compensation against churches of similar size and location and ensure that all payments are approved in advance.

By following these guidelines, churches can ensure compliance with IRS regulations while honoring their ministers appropriately.

Elaine L. Sommerville is licensed as a certified public accountant by the State of Texas. She has worked in public accounting since 1985.
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Documentation of Volunteer’s Out-of-Pocket Expenses for Church Ministries

Discover how volunteers can document and claim unreimbursed expenses as charitable contributions under IRS guidelines.

Last Reviewed: January 17, 2025

Q: Several of our volunteers are very committed to our children’s ministry. At times, instead of asking for a reimbursement for their ministry expenses, they will ask if they can turn their receipts in and count them as a charitable contribution. With the accounting software I use at my church, I can give them a credit under non-cash donations. Is this okay to do?


Volunteers are essential to the success of many church ministries. Occasionally, volunteers prefer to treat their out-of-pocket expenses as charitable contributions rather than seek reimbursement. How can they properly document these expenses, and what are the IRS guidelines?

Are Unreimbursed Out-of-Pocket Expenses Tax-Deductible?

Yes, unreimbursed out-of-pocket expenses related to volunteer services for a church or charitable organization are tax-deductible. Examples of deductible expenses include:

  • Supplies for Sunday school classes
  • Use of a personal vehicle for church activities (14 cents per mile)
  • Small equipment purchases
  • Food for youth group events
  • Travel expenses for mission trips or church-sponsored events without a significant element of pleasure

These expenses are deductible only if detailed records are maintained and a receipt is obtained for expenses over $250. For detailed IRS guidance, refer to IRS Publication 526.

What Should a Church’s Receipt Include?

When a church provides a receipt for a volunteer’s out-of-pocket expenses, the receipt should include the following details:

  • Date of the receipt
  • Name and address of the donor
  • A description of the volunteer services performed
  • The year the services were performed
  • A statement confirming that no goods or services were provided in exchange for the donation, other than intangible religious benefits
  • A thank-you note acknowledging the volunteer’s service

It is not advisable to include the dollar amount of the expenses on the receipt, as this creates an additional burden on the church to verify the legitimacy of all expenses.

Can Volunteers Deduct Services or Foregone Income?

While many volunteer expenses are deductible, there are limits. For example:

  • The value of volunteer services is not deductible. For instance, if you are a painter and volunteer to paint the church office, you can deduct the cost of paint and brushes but not the value of your labor.
  • The foregone income or rental value of facilities provided to a church is not deductible. For example, allowing the church to use extra space in your warehouse for free does not qualify for a deduction.

Are There IRS Regulations on Volunteer Expenses?

The IRS has not issued a specific regulation listing all deductible volunteer expenses. However, IRS Publication 526 provides guidance on this topic, including examples of allowable deductions. Common examples include:

  • Supplies used in teaching Sunday school
  • Uniforms required for volunteer services and their maintenance
  • Mileage for church-related activities (at the charitable rate of 14 cents per mile)
  • Travel expenses for church-sponsored mission trips

Conclusion

Church leaders should ensure that volunteers understand the proper documentation required to claim unreimbursed out-of-pocket expenses as charitable contributions. For more details, refer to IRS Publication 526 or consult with a tax professional.

FAQs

1. Can a volunteer deduct the value of their time?

No, the IRS does not allow deductions for the value of volunteer time or services.

2. What is the mileage rate for charitable purposes?

The mileage rate for charitable purposes is 14 cents per mile. This rate is set by the IRS and may change over time.

3. Can a church include the dollar amount of out-of-pocket expenses on a receipt?

No, the church should not include the dollar amount of expenses on the receipt. The responsibility for documentation lies with the volunteer.

4. Are travel expenses for mission trips deductible?

Yes, travel expenses for mission trips are deductible if the trip does not include a significant element of personal pleasure or vacation.

This information is current as of December 2009 and is not to be construed as legal advice.

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

Housing Allowance Procedures for Hospital Chaplains

Understand the IRS rules and best practices for housing allowance procedures for hospital chaplains.

Q: As a hospital chaplain, I have received a housing allowance from each hospital and healthcare system where I have been employed, but each system has handled my housing allowance differently.

The first asked each eligible minister/chaplain to submit an amount for the upcoming tax year, and then issued a letter on the hospital letterhead stating that the submitted amount was considered a housing allowance.

All tax withholding and Social Security/Medicare continued as if regular pay.

The second system asked each eligible minister/chaplain to submit an itemized list with dollar figures for each category allowed under housing allowance.

The second system then differentiated the pay as salary with the usual deductions, and as a housing allowance with NO withholding of either federal or state tax, or SS/MC.

No letter was issued, and a copy of the submitted itemized list was kept by the chaplain/minister. In the third system, they want a written letter informing them of the dollar figure for housing allowance, and then I keep a copy of my letter. Are these all acceptable?


Are Hospital Chaplains Eligible for Housing Allowances?

Yes, hospital chaplains are entitled to be treated as ministers for payroll tax purposes and are eligible to have a housing allowance designated by their employing hospital or healthcare system. This is supported by Revenue Ruling 71-258, 1971-1 C.B. 283.

Evaluating Housing Allowance Procedures

Let’s examine the three scenarios described and determine their compliance with tax rules:

1. The Minister Submits a Letter, and the Hospital Acknowledges It

In this scenario, the hospital deducts payroll taxes (federal, state, Social Security, and Medicare) from the chaplain’s pay, and no changes are made after the designation is effective.

Response: This procedure is incorrect. If the hospital were treating the chaplain as a minister for payroll tax purposes, no payroll taxes would be withheld. Instead, the hospital should revise its payroll system to reflect the proper tax treatment of its chaplains.

2. The Hospital Requires an Itemized List of Housing Expenses

Here, chaplains submit an itemized list of estimated housing expenses, and the total amount is designated as a housing allowance for payroll purposes. However, the hospital does not communicate the designated amount to the chaplain.

Response: This approach aligns with proper tax treatment. The housing allowance is treated correctly for payroll purposes, even though the hospital does not explicitly share the designated amount with the chaplain.

3. The Chaplain Provides a Requested Housing Allowance Amount

The hospital asks chaplains to submit the amount they wish to be designated as a housing allowance and allows them to keep a copy of the request letter.

Response: While this procedure is acceptable, it is important to note that no tax law requires a chaplain to request a specific amount for designation. The hospital’s request is a courtesy, allowing the chaplain input into the process. Tax regulations only require the hospital to designate the housing allowance amount before it is paid, without needing proof of the chaplain’s actual housing expenses.

Best Practices for Housing Allowance Procedures

To ensure compliance and avoid confusion, hospitals and chaplains should follow these best practices:

  • Designate housing allowances in writing and document the amount through official communication, such as a letter on hospital letterhead.
  • Ensure that payroll systems treat chaplains as ministers for tax purposes, exempting them from Social Security and Medicare withholding.
  • Chaplains should maintain detailed records of housing expenses for their tax filings.

FAQ: Housing Allowance Procedures for Hospital Chaplains

1. Are hospital chaplains eligible for housing allowances?

Yes, hospital chaplains are considered ministers for payroll tax purposes and are eligible for housing allowances under IRS rules.

2. Can housing allowances include payroll tax withholding?

No, housing allowances for ministers are exempt from Social Security and Medicare withholding. Hospitals should adjust their payroll systems accordingly.

3. Must chaplains prove housing expenses to their employer?

No, chaplains are not required to provide proof of their housing expenses to the hospital. The employer only needs to designate the housing allowance in advance.

4. What records should chaplains keep for their housing allowance?

Chaplains should maintain detailed records of their housing expenses, including receipts and documentation, for their personal tax filings.

For further guidance on housing allowance procedures, refer to IRS.gov or consult with a tax professional experienced in clergy tax matters.

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

Understanding Discretionary Funds: Guidelines for Churches

Discover how churches can use discretionary funds effectively while adhering to IRS regulations and avoiding tax pitfalls.

Last Reviewed: January 1, 2025

Q: Our church has a discretionary account the minister can use for various purposes. No other staff may access this account. Our Board of Pensions guidelines state, “A minister’s taxable wages must include Discretionary Funds if the minister is allowed to distribute funds for his personal benefit; and if the minister has the authority to disburse funds directly to himself.”

This past year money contributed to the fund were included in the minister’s W-2. We are wondering if the following motion allows contributions to not be included in his W-2:

The Session establishes the Emergency Mission Fund and adopts the following standard: no pastor or employee of [the] Church has the authority to disburse any church funds to himself or herself. All disbursements, or reimbursements for disbursement, must be authorized by two other church officers not related to the pastor and must be for bona fide church uses and must be documented. No fund can be used for pastor’s personal benefit.

Discretionary funds are a common practice in many churches, often providing pastors with resources for church-related expenses. However, improper use or lack of oversight can lead to significant tax and accounting issues. This article explains how discretionary funds should be managed to ensure compliance with IRS guidelines and church policies.


Key Takeaways:

  • Discretionary funds controlled solely by a pastor may be taxable income.
  • An accountable expense reimbursement plan avoids tax liability.
  • Oversight and documentation are critical for compliance.

What are the tax implications of discretionary funds? If discretionary funds are used outside an accountable reimbursement plan, they must be reported as taxable income on the pastor’s Form W-2.

Requirements for Accountable Expense Reimbursement Plans

To ensure that discretionary funds are not taxable, they must meet the following requirements:

  • No Personal Expenses: Funds cannot be used for personal expenses under any circumstances.
  • Documentation: All expenses must be supported by receipts or equivalent documentation submitted in a timely manner.
  • Accounting Oversight: The fund should be managed through the church’s accounting system to maintain proper financial records.
  • Policy Adherence: The pastor must comply with all church policies, such as benevolence guidelines, when using the fund.
  • Year-End Funds: Any unspent funds must not be paid out to the pastor and should remain within the church’s control.

Potential Risks of Noncompliance

If discretionary funds do not adhere to these requirements, they may be classified as a nonaccountable expense reimbursement plan, resulting in:

  • Taxable Income: 100% of the funds must be reported as taxable income on the pastor’s Form W-2.
  • No Deduction for Business Expenses: The suspension of unreimbursed employee business expense deductions through 2025 means pastors cannot offset valid business expenses.

Example of Proper Oversight

Scenario:

A church allocates a $5,000 discretionary fund to its pastor for church-related expenses. The pastor:

  • Uses the fund only for documented church expenses, such as community events and supplies.
  • Submits receipts monthly for all expenditures.
  • Ensures that any remaining funds at year-end are not used for personal gain.

By following these steps, the fund complies with IRS guidelines and avoids being taxable income.

FAQs About Discretionary Funds

  • Can discretionary funds be used for personal expenses?
    No, personal use disqualifies the fund from being an accountable reimbursement plan and results in taxable income.
  • Are discretionary funds always taxable?
    No, they are not taxable if they adhere to accountable plan requirements.
  • What happens if the church does not document expenses?
    Undocumented expenses are treated as taxable income for the pastor.
  • Do discretionary funds affect the church’s tax-exempt status?
    Improper use or reporting can raise concerns about private benefit and inurement, jeopardizing tax-exempt status.

Conclusion

Discretionary funds can be a valuable tool for supporting church operations, but they require careful management and compliance with IRS guidelines. Proper documentation, adherence to policies, and oversight ensure that these funds are not only effective but also compliant with tax laws. Church leaders should consult tax professionals to review their policies and procedures.

For more information, visit the IRS website or explore resources on Church Law & Tax.

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

Disciplinary Suspension of Church Ministry Leaders: Legal Considerations and Best Practices

Suspending a church ministry leader due to misconduct involves legal complexities, including employment classification, discrimination risks, and compliance with church policies. Learn what factors to consider and why legal consultation is essential.

Last Reviewed: January 29, 2025

Is it legally safe to impose a disciplinary action of suspension without pay for one or two months to a church ministry leader because of misconduct after a thorough investigation? The church ministry leader is a non-hourly employee who receives a fixed monthly salary. What documentation is needed before imposing this disciplinary action?

The answer depends, in part, on state law where you are located. Because the answer will vary based on state, I will address the question under federal law.

First, different standards apply to ministers than everyone else. It is beyond the scope of this answer to determine whether an employee will be treated as a minister for employment law. I will note that determination of minister status for employment law is different from all other laws.

‘Minister’ for employment law purposes

If the employee is treated as a minister for employment law purposes, then the church is free to treat the minister as it sees fit. The courts have determined that the relationship between a minister and his/her employing church is too sacred to allow for federal intervention. As a result, federal employment laws do not apply to that relationship.

Non-minister employees

If the employee is not classified as a minister for employment law purposes, then the church must abide by the employee’s employment agreement (if any) and its employee handbook. The church should act consistently with prior precedents in dealing with other employees. Further, the church must determine whether the employee is a member of protected class. The law protects employees from discriminatory employment decisions if the employment decision might be based on race, color of skin, national origin, marital status, gender, pregnancy, disability, or age. If the employee is a member of a protected class, then you must determine whether the decision could be partly a result of unlawful discrimination. You will need the assistance of an employment attorney to evaluate the risks.

Many states create additional protected classes of workers.

Finally, the courts may treat a long term suspension as de facto termination. So any employment decision should be consistent with termination of the employee.

Documentation

You also asked about documentation. There is no fixed formula. The more documentation the church possesses about the situation the better. Only an attorney can determine whether it is adequate under the circumstances.

This decision should not be made without consulting with an employment lawyer from your state who is also familiar with how the church’s unique status impacts the application of employment law.

This answer was prepared under the laws in effect as of October 31, 2009. This answer is not legal advice, just legal information.

For more information on staffing-related questions, see Pastor, Church & Law by Richard R. Hammar.

Frank Sommerville is both a CPA and attorney, and a longtime Editorial Advisor for Church Law & Tax.
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How Is Rental Income Taxed for Churches?

Key considerations for churches renting facilities, including how rental income is taxed and how to protect tax-exempt status.

Last Reviewed: January 21, 2025

Q: My wife has worked for a church-run preschool for 10 years. The church planned to close the program when the director retired. My wife and another teacher asked the church if they could take over the program privately. The church agreed, and my wife formed an LLC. They now rent the old school building—less than 1,000 square feet—from the church for $140 per month, including water. Other utilities and expenses are paid by the LLC. However, some church members are concerned this arrangement might affect the church’s tax-exempt status. How is rental income taxed, and does this arrangement pose any risks to the church’s nonprofit status?


Can Churches Rent to For-Profit Entities?

Churches can rent facilities to for-profit entities, but doing so requires careful consideration of potential legal and tax implications. The key areas to address include:

1. Fair Market Rental Rate

The rental rate must reflect fair market value for comparable spaces in the area. Allowing below-market rent to a for-profit business could lead to complications, including questions about whether church assets are being used appropriately. Fair compensation ensures compliance with nonprofit regulations.

2. Unrelated Business Income Tax (UBIT)

Rental income may trigger UBIT, depending on the nature of the agreement. Typically, rental income from real property is exempt from UBIT unless the property is debt-financed or includes services beyond basic maintenance. Consulting a tax professional is crucial to determine whether this income qualifies as unrelated business income.

3. Property Tax Exemptions and Insurance

Renting church facilities for commercial purposes could impact property tax exemptions, depending on state and local laws. Additionally, insurance coverage may need to be reviewed and updated to account for the new use of the property. A thorough review ensures continued compliance and protection.

Steps Churches Should Take

To avoid potential risks, churches should:

  • Consult Tax Counsel: Engage a tax professional to evaluate the arrangement and ensure compliance with all relevant tax laws.
  • Set Market-Rate Rent: Research comparable rental rates in the area to ensure the agreement reflects fair market value.
  • Review Property Tax Rules: Confirm that the rental agreement does not jeopardize property tax exemptions under local laws.
  • Update Insurance Policies: Ensure the church’s insurance covers potential liabilities arising from the rental agreement.

FAQs: How Is Rental Income Taxed for Churches?

1. Does rental income always trigger unrelated business income tax?

No, rental income from real property is typically exempt from UBIT unless the property is debt-financed or additional services are provided.

2. Can renting to a for-profit entity jeopardize tax-exempt status?

Not necessarily. However, below-market rent or activities inconsistent with the church’s mission could raise concerns with the IRS.

3. How does property tax exemption come into play?

Renting church property for non-religious purposes may affect property tax exemptions, depending on state and local laws.

4. Why is fair market rent important?

Charging below-market rent could be seen as an improper use of church resources, leading to potential legal and tax consequences.

In conclusion, understanding how rental income is taxed and its implications is vital when churches rent to for-profit entities. Seeking professional advice ensures compliance with tax laws and protects the church’s tax-exempt status.

The above information is current as of October 12, 2009.

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

Confronting Suspected Domestic Abuse In Your Church

What is a church’s responsibility for protecting others?

Last Reviewed: February 11, 2025

Q: What is a church’s responsibility to a disruptive person in the church? I am talking about someone who lost his temper and yelled at someone during service. The leaders escorted him out of service then held him accountable with daily phone calls for a week or two. However, no one checked up on the safety of his wife and children, even when the wife told the pastor she feared her husband would become physically violent with her and/or the children.


In general, the law does not impose a duty to warn third parties about dangers. Of course, exceptions to this general rule exist. The duty to warn exists only when the harm is reasonably foreseeable and the individual or church has a duty to warn about this foreseeable danger. This is a state law issue so the details about how this law is applied may vary by state.

Duty to Warn

First, one has to determine the relationships. The relationship must create a duty to warn. If the church is not providing professional or pastoral counseling to both the husband and wife, then it does not have a legal duty to warn the wife about the husband, or vice versa. If no professional or pastoral counseling relationship exists with either spouse, then the law will not likely impose a duty to warn the spouse.

Next, the harm must be reasonably foreseeable. Unless the church counselor has specific information (“I will kill her next Thursday at 7:00 pm while she is at home.”), then the risk of harm is not likely reasonably foreseeable.

Confidentiality

One must also look at whether the church has a duty to keep certain information confidential. If a professional or pastoral counseling relationship exists, the church may have a duty to keep the threat information confidential. If a specific threat of significant bodily harm arises (i.e., reasonably foreseeable), the church must breach this confidentiality and inform the target of the threat and the authorities. If the threat of significant harm involves a child, the church also has a duty to report such threat to the authorities under child abuse reporting statutes.

Moral and spiritual obligations

Finally, we cannot address this issue without looking at the moral issues involved. Those subjected to abuse frequently look to the church for help. The church cannot turn them away. The church should keep a list of abused women’s shelters that will accept referrals from the church. if the abuse could result in serious harm, the church should encourage the spouse to report the abuse to the police and move into a women’s shelter with her children. If the abused spouse chooses to stay in the home, the church should refer her and the spouse to a church approved counselor. If the couple balks at going to a counselor, the church may encourage such assistance by offering to pay for the counseling for a limited period. The church may provide mentor couples to assist the couple in a nonprofessional capacity.

Response based on applicable authority as of October 12, 2009. Not legal advice, just legal information.

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

Empowering Generosity: Communicating Financial Needs in Churches with Positivity and Faith

Learn how churches can effectively communicate financial needs without fostering frustration or desperation. By focusing on God’s abundant provision, clear goals, and positive messages, leaders can inspire spiritual growth and generosity within their congregation.

Last Reviewed: January 27, 2025

The letter from the board of an affluent, mid-sized congregation in suburban Chicago contained an urgent message: increase giving or else.

While affirming the past faithful giving of members, the letter also emphasized the impact of the economic recession. Some members recently lost jobs and struggled to maintain their regular giving levels. And others who worried about their financial futures did not increase giving. The result: the church budget faced a serious and unexpected deficit, prompting the board to consider serious cuts in mission and ministry.

“We are striving to fulfill God’s call, and also to be good stewards of your financial support to this church,” the letter read. “Now, at this critical time in this ministry, we will have to make cuts in our staffing and programs. We know you do not want to see this happen. We know that you want us to meet our budget commitments. So we are asking you to give sacrificially and give more—as much as you can, right now—so that we can keep our ministry intact.”

The church’s pastor also preached a sermon on sacrificial giving. Lay leaders made their appeal at announcement times in the service. Some members gave testimonies of how the Lord gave them the resources to give more in tough times.

The appeal worked—to some extent. But cuts still occurred, and the board resolved to prepare a “bare bones budget” for the next fiscal year.

The church leaders thought that highlighting the situation as they saw it simply ‘told it like it was.’ But many believe such an approach, often used by churches during periods of economic struggle, is fundamentally flawed, looking at stewardship as a budget-driven program based in human scarcity, rather than a spiritual growth opportunity grounded in God’s abundant provision for all needs.

Leaders and stewardship consultants say the worst message that financially struggling churches can send is one of desperation, frustration, or shame. Instead, the message must emphasize opportunity.

It’s not an easy task. Many congregations across the country, and from every denomination and tradition, have faced budget shortfalls this year.

“The ‘Fat Thinking Era’ is over,” says Jim Sheppard, principal partner and chief executive at Generis, a Christian stewardship and development firm. “Now, we are in leaner times. Now we have to think and pray more deeply about the nature of the projects, and only the best will get funded because people will give the funding to those ministries with the best return on investment.”

The challenge for churches is to craft messages showing members how their giving brings those tangible and intangible returns, using a variety of communication methods.

When communicating an end-of-year shortfall, experts advise church leaders to emphasize what God can do with generous givers, rather than what members are not doing with their personal funds.

“In healthy churches, leaders never communicate that the economy is ransacking the church budget or causing massive cuts,” Sheppard says. “Instead, they stress that God is opening many opportunities for ministry, and that God continues to bless people with resources to share.”

One church in Seattle found itself behind budget targets with two weeks left in its fiscal year several years ago. Using its blog, church leaders invited members to respond positively and faithfully. “As we both look to the future and attend to the here and now,” the pastor said in his blog, “our end goal is to finish well. Our church has been entrusted with a lot of resources—’talents’—and our call is to use these gifts well and finish strong in life, in ministry, and in this month.”

What to say

At the heart of communicating a financial need is the opportunity to promote spiritual growth in stewardship. That’s an important strategy for deepening faith commitment. It’s also a theme not often explored in congregational life. Its been estimated that 85 percent of pastors have little or no theological training in Christian stewardship, and feel uncomfortable addressing the topic. But cultivating a generous spirit in the church makes sense if church leaders believe they serve a generous God.

While stewardship usually shows up as a line-item in most church budgets under “Income,” it does not promote or prompt giving—it only accounts for it. So, church leaders often reverse the order and think that people will give to meet budgets.

If that’s the case, Sheppard says the church always will struggle to make ends meet.

Brian Kluth, an author of numerous books on stewardship, agrees.

“I think that churches have done a disservice for decades by focusing on the budget,” Kluth says. “Let’s be clear in the church: it’s not what the budget says, but what the Bible says.”

The Bible has a lot to say about money—particularly about deepening our dependence on God’s provision, and also about generosity.

“Churches often are doing nothing new or adventurous because they are concerned with adhering to the budget,” Kluth says. “Why don’t we call people instead to give to God?

Such a message, Kluth says, challenges people to grow spiritually and to trust even more in God’s provision.

“If we teach people to give to God, they will give more—and there is greater blessing all around,” Kluth says.

When the budget is not the driving force in stewardship, it becomes a solid annual planning tool.

“As people gave more in my own church, the leaders used the surplus to tackle new ministry initiatives,” says Kluth, referencing his prior role as senior pastor of a congregation in Colorado Springs, Colorado. “The excitement was palpable. In 10 years, we increased giving by 88 percent—but expenses went up just 50 percent … Budgets don’t inspire people to give, but God’s Word does.”

Church leaders can take a two-fold communications approach to prudent fiscal management and the promotion of generosity in giving. The fiscal budget acts as a solid financial planning tool, but church leaders also can develop a “dream budget” that spells out how the church’s ministry can expand and grow with greater abundance—what it believes God has called it to do were additional resources to materialize.

How to say it

Church leaders need to consider multiple methods of communication with members about financial issues and how those approaches can reinforce the positive signals they want to send.

Churches typically use five methods to reach people with news about church finances and the challenge to give. Each method has pros and cons, and ultimately, an approach depends on how members are accustomed to receiving communication in general, not just from the church.

Every-member mailing

This approach, via mail, is the most common one churches use to make a special appeal for member giving.

Pros: Every member receives the same communication at about the same time. Some members prefer to receive communication in this way, or do not have access to email. Signatures also make the letter look official.

Cons: Some people put mail in a big stack and read it at another time, especially when the salutation reads, “Dear Member.” Mail delivery also can be less than perfect.

Public announcement

This can happen in person or in a church publication. Usually, a person other than the pastor stands during announcement time to give a financial update, as well as the ministry possibilities if giving increases. Or, a committee (or the church board’s finance committee chair) writes a newsletter article or bulletin announcement with the same message.

Pros: This approach is the least expensive and, when in person, the most direct. Members often do read through the newsletter for information about activities and events.

Cons: Not everyone who needs to hear the message will be in attendance. People also can bypass information buried within a newsletter—and it often is not sent first-class, which takes time to arrive.

Targeted communication

Some churches will directly contact those who have fallen behind in giving to encourage them and make arrangements to catch up.

Pros: The contact (usually by mail) is directed at one of the chief causes of the financial problem, and costs less than reaching everyone.

Cons: These members may feel singled out, almost like being pursued by a bill collector.

Member email

Many churches collect member email addresses and communicate regularly through email, and more are turning to this as a way to relay financial information.

Pros: People look regularly to email for current information and important messages. It also is a very low-cost method.

Cons: Email addresses change, often without advance notice. People scan emails rather than read them, so they may not get the impact of your financial message. Some emails end up in a “spam” or “junk” folder.

Blogs and websites

Churches with a younger or technology-savvy congregation base are turning to this approach more.

Pros: Articles on blogs and websites can be personal and compelling, and many can share in the conversation.

Cons: These may be read primarily only by younger audiences.

Church leaders should blend methods and technologies to saturate the message, remind members of the importance of giving to meet church financial targets, and create some positive urgency.

The most effective methods for communicating depend on the news and the congregation. However, three basic rules apply to all local churches.

First, the younger and better educated the members are, the better it is to communicate electronically and immediately. Second, the more personalized and customized the communication, the more likely people will respond because church leaders are talking directly to them. And third, positive, goal-oriented language, regardless of the communication method, inspires and informs people, and gives them a sense of God’s abiding presence and abundant provision in their lives. That will help them grow in giving now, and in the years to come.

Right Person, Wrong Position: Navigating Staff Transitions in Church Leadership

Letting go of a church staff member who isn’t the right fit is never easy. This article offers biblical and practical advice for handling transitions with integrity, dignity, and care for both the individual and the church.

Last Reviewed: May 23, 2025

Have you ever had to let a church staff member go, even though they gave everything they had—but still weren’t meeting expectations?
It’s a painful and difficult transition, and many churches struggle to navigate it in a healthy way.


Why Staff Transitions Happen

There are many reasons why people transition off church staffs:

  • Positive reasons:
    Sometimes, pastors or staff members feel God’s call to leave to expand their ministry or challenge their gifts.
  • Painful, but straightforward reasons:
    Dismissals due to negligence, a breach of ethics, or moral failure are difficult, but the steps for severing employment and protecting the church are usually clear, thanks to established HR practices.
  • Most troublesome reasons:
    Some transitions happen because an individual simply doesn’t have the gifts or skills needed for the role.
    Even the most sincere and beloved team member may not be able to meet the expectations of the position.
    It’s often a case of the right person in the wrong position.

If you cannot move the individual into a more suitable role, you must make the hard decision to transition them off the staff.


Handling Difficult Transitions Well

This type of situation is never easy.
In my years of church management experience, I’ve seen it handled with godly wisdom—and sadly, I’ve also seen it handled poorly.

The following guidelines can help you navigate a difficult staff transition with grace and professionalism:


1. Follow the Golden Rule

Do to others as you would have them do to you” (Luke 6:31, NIV).

This verse should be the guiding principle for handling staff transitions.


2. Frame the Situation Correctly

  • It’s not about failure.
  • It’s about matching the right gifts and strengths to the right role.
  • No one sets out to fail—they simply discover that their abilities don’t align with the job’s requirements.

3. Document and Communicate Clearly

Before making a decision:

  • Document contributing factors thoroughly.
  • Communicate unmet expectations clearly, citing specific events and dates.
  • Ensure the employee knew about these issues when they occurred.

Important:
If there are surprises during the transition conversation, you are not ready to proceed.


4. Communicate In Person

  • Do not communicate transitions via email, text, or letters.
  • Always handle the conversation face-to-face.
  • You hired this person—show them the respect they deserve by handling this relationally.

5. Offer Dignified Transition Options

When possible:

  • Allow the individual to resign voluntarily if they agree the role isn’t the right fit.
  • Offer a transition period rather than an abrupt exit.
  • Recognize that problems developed over time—resolution doesn’t need to happen overnight.

6. Manage Staff Communication Carefully

  • Inform the staff before news leaks out.
  • Frame the situation correctly, both for the church’s sake and the individual’s reputation.
  • Managing the communication helps minimize misinformation and protect all parties.

7. Support the Staff Member’s Family

Senior leadership should:

  • Reach out personally to the family.
  • Reassure them of the church’s love and support.

This step goes a long way in helping both the family and the congregation heal and move forward in a healthy way.


8. Act Generously with Transition Benefits

Expressions of grace help minimize hard feelings.
Consider offering:

  • Unused vacation pay.
  • Severance pay.
  • Continuation of health-care coverage for a specified period.

9. Assist with Future Opportunities

If possible:

  • Help the staff member find new ministry opportunities elsewhere.
  • Matching their strengths to a new role communicates true care and support.

If the situation becomes difficult:

  • Consult an attorney immediately.
  • If the employee resists the decision, or if legal risks are unclear, don’t hesitate to seek professional help.

Reminder:
Do not risk the church’s legal standing by wading into uncertain waters without guidance.


A Call to Careful Leadership

Managing a staff transition when a person simply isn’t the right fit is one of the toughest responsibilities a church leader faces.
Handled with wisdom, grace, and care, these difficult moments can still strengthen the health and integrity of your church community.

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

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A Question of Church Driver Liability

Who is liable when church volunteers drive for church events?

Q: Who is liable if church volunteers are using their own private vehicle to transport kids to and from Bible Study each week?


Liability for both parties

In most cases when there is a vehicle accident there are liability issues for both the volunteer driver and the church or organization for which they were driving. Liability is not a pre-determined formula, but depends on the legal examination and determination of what happened and who is found to be negligent or at fault.

When a young person is under the care or supervision of a church volunteer, that volunteer has the responsibility to make decisions about safety and to avoid danger as a reasonable and prudent person would do. An important consideration in establishing negligence is whether the accident was caused by conditions that were foreseeable and could have been avoided by taking necessary precautions.

Who owns the vehicle?

Volunteer drivers and local church/youth organizations can anticipate liability issues and prepare for them. Most often the person who owns and operates the vehicle involved in the accident will be the primary focus of the liability. In most states it is important for volunteers using their vehicle to transport young people to carry at least $100,000/$300,000 liability coverage plus a personal liability umbrella policy.

Obviously the increased insurance coverage means higher premiums for the volunteer on their personal vehicle. Many local churches and organizations now require written proof of a specified amount or liability insurance from volunteers who will be driving vehicles as part of their volunteer application process.

Written standards

Another important way to prepare for liability issues is for the volunteer driver to agree to a written set of safety standards and follow them when they operate their vehicle for the youth programs (i.e. obeying all traffic laws especially speed limits, not using mobile phones while driving, mandatory use of seat belts for all passengers, etc.).

The liability issues the church or organization faces center on the selection/approval of volunteer drivers and the safety standards required and enforced for these drivers.

Record-keeping is key

The church or organization is wise to select and approve volunteer drivers on the basis of a written policy standard that specifically addresses age, driving record, personal insurance coverage and agreement to safe driving standards. Paperwork showing verification (including background checks from DMV) for each volunteer is the minimum level of protection a church should be able to produce in a liability matter.

The church or organization can also prepare for liability issues by informing parents of who is driving their kids and the safety standards required. Parents can be asked to give permission for their young person to be transported to the church activities by a volunteer driver. Records of these meetings or permission slips should be kept on file.

Specific questions on volunteer and organizational liability should be researched locally with legal and insurance professionals who advise the church or organization.

What to Do If Your Church Delays Your W-2 Form

Churches must provide W-2 forms to ministers by January 31 to comply with IRS regulations. If your church delays issuing your W-2, you may need to escalate the issue with leadership or report noncompliance. Learn your options, including filing without a W-2.

Q: I am a full time minister. I have a work agreement with the church that covers my parsonage allowance and professional expenses. Every year it is like “pulling teeth” to get a W-2 from our church treasurer. My W-2 doesn’t get to me until as close to April 15th as you can get. This year I mentioned it in the business meeting and I was told I could file for an extension and file late! How can I go about resolving the problem? Can I file without the W-2?


I have not run into an issue with an organization not sending a W-2.

If the W-2 form is not mailed by January 31, the church is out of compliance with the IRS requirements.

The W-3 form and Copy A of all W-2 forms must be postmarked to the IRS by February 28.

A penalty can be assessed by the IRS for every form that is filed late. The only formal recourse an employee would have is to report the employer to the IRS. Filing without a W-2 would in essence do this as well. I would suggest discussing this with the governing board or the finance committee so they understand the potential issues this could create for the church.

Vonna Laue has worked with ministries and churches for more than 20 years. Vonna was a partner with a national CPA firm serving not-for-profit entities through audit, review, tax, and advisory services. Most recently, she held the role of executive vice president for a Christian ministry that works to enhance trust in the church and ministry community.

Church-Provided Life Insurance for Pastors: Tax Implications Explained

Churches offering life insurance to pastors must follow tax rules—learn how to stay compliant.

Last Reviewed: January 30, 2025

Q: We’re a small rural church, and our pastor is the only employee. We’re considering getting him a $50,000 life insurance policy and paying the premium on it. He will name the beneficiary. Can the church get a $50,000 group life insurance policy with only one employee? Would the premium the church pays on this be considered a taxable fringe benefit if the minister names the beneficiary of his choosing (even if it’s $50,000 or less)?


Understanding Church-Provided Life Insurance for Pastors

Providing life insurance to a pastor, whether or not he is the only employee of the church, has tax consequences. Life insurance paid by an employer is a taxable benefit in instances where the employee can select the beneficiaries. Without a separate provision, the cost of the life insurance should be added to the employee’s wages in Box 1 of the Form W-2.

Can a Church Get a Group Life Insurance Policy for One Employee?

While employers can provide life insurance up to $50,000 of coverage through a group-term life insurance plan on a tax-free basis, one employee does not constitute a group. Therefore, a group-term life insurance benefit is not available in this instance.

Are Life Insurance Premiums a Taxable Fringe Benefit?

The church may pay the life insurance premiums for the minister, but it must treat them as a taxable fringe benefit for payroll reporting purposes. This is true regardless of the amount of life insurance provided. Since the pastor names the beneficiary, the premium payments are considered taxable income and should be reported accordingly.

FAQs About Church-Provided Life Insurance for Pastors

1. Can a church provide tax-free life insurance to a pastor?

A church can offer tax-free group-term life insurance only if it has more than one qualifying employee. If only one employee is covered, the benefit does not qualify as tax-free.

2. How should a church report life insurance premiums paid for a pastor?

The church must include the premiums as taxable income on the pastor’s W-2 form.

3. What if the church owns the policy instead of the pastor?

If the church owns the policy and is the beneficiary, it may not be considered taxable income to the pastor. However, legal and tax consultation is advised.

4. Are there alternative benefits churches can offer pastors?

Yes, churches can explore tax-free benefits such as a properly structured health reimbursement arrangement (HRA) or a 403(b) retirement plan.

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

Q&A: Creating a “Paid Time Off” Policy

Many churches are adopting a PTO (Paid Time Off) policy to replace traditional leave structures. Discover the benefits, legal requirements, and procedural considerations for implementing PTO for church staff.

Last Reviewed: June 13, 2025

Q: Our church is looking into the possibility of using a PTO (paid time off) policy to govern time away related to vacations, illnesses, conferences, and study leave. This would replace the policy we have, which allocates a certain number of days for each of these “time off” categories. Is there any precedent for use of PTO for paid church staff? It is fairly common in corporate America. Are there any legal or procedural issues we should consider in our review of this policy?


PTO is a common practice for churches and ministries

Yes, using PTO is a common practice used by ministries as well as businesses.

The idea behind PTO is that, rather than having so many days dedicated to specific time off (such as sick, vacation, personal time, funeral, or, in some cases, even holidays), the organization creates one big “bucket” of time that can be used for any time-off needs.

This approach gives the employee the responsibility and control of managing his or her paid time off.

Implementing a sound PTO program

There are a few legal and procedural issues to be aware of when implementing a PTO program.

First, it is important to clearly identify when PTO becomes available. For example, the policy should state how much PTO is earned, what PTO can (and cannot) be used for, what time increments PTO can be taken, and whether days can be carried from one year to the next.

Secondly, a written policy should state whether PTO will be paid out upon termination of employment. Be aware that some states require employers to pay all earned PTO. Other states permit the employer to establish whether it will be paid upon termination, as long as it is in writing and has been communicated to the employee.

The Fair Labor Standards Act also does not permit an employer to dock an exempt employee’s pay if he or she works any portion of a day, even if the employee has exhausted all PTO.

This can become a challenge if the employee uses all of his or her PTO as vacation time early in the year, only to miss time later in the year due to illness or other reasons.

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

Understanding the Tax Rules for Valuing Volunteer Labor

Learn why the value of volunteer labor isn’t tax deductible and how churches can show gratitude for donated services.

Last Reviewed: January 9, 2025

Q: A church member who has a business donated numerous hours to rewire the church sanctuary and install new lighting. He billed the church on his company letterhead for items purchased that we reimbursed him for. In addition, he listed total hours spent on the project and the value at an hourly rate. We can acknowledge that he did the work and the numerous hours he donated, but is that deductible for his taxes?


Donated Services Are Not Tax Deductible

You are correct in acknowledging the generous gift of donated labor, and from a donor relations perspective, expressing gratitude is important. However, federal tax law is clear: the value of donated services is not tax deductible.

Why Donated Services Are Not Deductible

While this rule may seem unfair at first, it makes sense when you consider it from two perspectives:

  • Economic Substance: If the church had paid the business for the services and the business subsequently donated the same amount to the church, the business would be in the same economic position. In this scenario, the business would have revenue equal to the payment and a corresponding deduction for the charitable contribution, resulting in no net financial effect.
  • Practical Considerations: Allowing deductions for donated services would create complex income tax issues. How would the value of services be determined for choir members, Sunday school teachers, nursery workers, musicians, or other volunteers? Documenting time spent and assigning values would be challenging and inconsistent.

Federal Tax Law Logic

Although federal tax law isn’t always straightforward, the rule excluding deductions for donated services makes practical and economic sense in this context. Acknowledging and appreciating these contributions remains vital for donor relations, even if they are not deductible.

How Churches Can Respond

Churches can and should express their gratitude for donated services by providing a written acknowledgment. While this acknowledgment does not hold tax benefits, it strengthens relationships with members who generously contribute their time and skills.

FAQs About Valuing Volunteer Labor

  • Are donated services ever tax deductible? No, federal tax law does not allow deductions for the value of donated services.
  • Can churches issue a receipt for donated services? Churches may issue a letter of acknowledgment but cannot provide a tax receipt for the value of donated labor.
  • What about reimbursed expenses? If a volunteer incurs expenses on behalf of the church and is not reimbursed, those expenses may qualify as a charitable deduction, provided they are properly documented.
  • Why does this rule exist? The rule simplifies tax administration and ensures consistency by focusing on tangible contributions rather than subjective valuations of service.

For more detailed guidance on charitable contributions and federal tax laws, visit the IRS website.

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.

Accounting for Sales of Pastor’s Preaching Resources

How churches can properly account for and handle taxes on a pastor’s preaching resources sold through church gift shops.

Last Reviewed: January 21, 2025

Q: We are looking at a cost split for preaching resources sold in our church’s gift shop. The arrangement is a 50/50 split between the pastor and the store. What is the proper way to account for the pastor’s portion of that income? The pastor has a 501(c)(3) organization for his book-selling activities, and the funds would be transferred to him through that account. How should this be handled to remain compliant with tax regulations regarding taxes on pastor’s products?


Should the Church Purchase Directly from the Pastor?

While it may seem straightforward to purchase directly from the pastor, it is better to structure the transaction through the pastor’s 501(c)(3) organization. This method avoids potential conflicts of interest and ensures the church maintains proper accounting practices. Board approval is essential since this constitutes a related-party transaction, and transparency is critical.

What Steps Should Be Taken to Ensure Compliance?

1. Obtain Board Approval

As this involves a related-party transaction, the church’s board should approve the arrangement. Documenting the approval demonstrates transparency and ensures alignment with governance standards.

2. Purchase at Fair Market Value

Ensure the resources are purchased from the 501(c)(3) at fair market value. Paying an unreasonable amount could raise concerns with the IRS and potentially jeopardize the church’s tax-exempt status.

3. Use the Church’s Inventory and Cost of Goods Sold Accounts

When resources are purchased from the 501(c)(3), the transaction is recorded as an increase in inventory. The cost of goods sold account reflects the expense when the resources are sold. This approach avoids any direct financial transaction with the pastor while maintaining proper accounting practices.

4. Let the Pastor Handle Royalties

The pastor can establish a royalty arrangement with the 501(c)(3). This ensures that any income from book sales is managed appropriately within the organization, keeping personal and organizational finances separate.

FAQs: Taxes on Pastor’s Products

1. Can the church buy preaching resources directly from the pastor?

It’s better to purchase from the pastor’s 501(c)(3) organization to avoid potential tax and governance issues. This approach keeps transactions transparent.

2. Why is board approval necessary for this transaction?

Board approval is required for related-party transactions to ensure transparency and compliance with governance best practices.

3. How should the church record these purchases?

The purchases should be recorded as inventory, with sales tracked through the cost of goods sold account. This keeps the church’s financial records accurate.

4. Does the pastor owe taxes on income from these sales?

If the income flows through the pastor’s 501(c)(3), it is managed by the organization and not considered personal income. However, the pastor should consult a tax advisor for specific guidance.

By structuring transactions properly and adhering to tax laws, churches can avoid complications when handling taxes on pastor’s products. Consulting with legal and tax professionals ensures compliance and transparency.

Vonna Laue has worked with ministries and churches for more than 20 years. Vonna was a partner with a national CPA firm serving not-for-profit entities through audit, review, tax, and advisory services. Most recently, she held the role of executive vice president for a Christian ministry that works to enhance trust in the church and ministry community.

How to Handle Disruptive People in Church

When you need to ask someone to leave your church.

Does a church have a legal right to keep people from accessing its property or attending services? For example, let’s say that a church has an encounter with a disruptive person, and asks him not to return. What if he shows up again the next week? How should ushers respond?

This issue has been addressed by a number of courts.

Generally, the courts have been sympathetic to attempts by churches to deny access to disruptive individuals. To illustrate, one court ruled that a church could bar a disruptive individual from entering its premises. It noted that the person had been clearly informed and understood that his privilege to attend the church had been revoked. The court rejected the person’s claim that a church is a public place that cannot deny access to anyone.

A church, like any property owner, has the right to determine who can access its premises.

Let me mention another case in which a court ruled that a church could prevent a disruptive person from accessing its property. The person had disrupted church services, and harassed members, in the past. A court issued an order prohibiting the person from coming within 200 yards of the church. This order was upheld by a state appeals court, which found it to be a reasonable limitation on socially unacceptable behavior. Such cases demonstrate that the civil courts will assist churches in keeping disruptive individuals away by issuing appropriate orders. This obviously is a last resort, but it is one that is available in dealing with persons who will not behave appropriately.

You can learn more about how to handle people who disrupt your services or pose a potential threat to the safety of your church members in Dealing with Dangerous People.

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