Managing Health Risks in Children’s Ministry: Balancing Safety and Inclusion

When a nursery worker has Hepatitis B, churches must balance child safety, worker inclusion, and leadership policies. Learn how to assess risks, develop response plans, and create informed policies for your ministry.

Q: We have a trained nursery worker who has been diagnosed with Hepatitis B. Under normal circumstances, she poses no health threat to the children, plus she works with two other adult volunteers in the room. What is our risk in using her in this ministry?


Here’s how I handled these situations in my work in children’s ministry. First, consider what’s best for the children. Second, think through what’s right for the individual. Third, keep consistent with church leadership. Let’s expand on all three.
What’s best for the children always remains top priority for anyone in children’s ministry. You describe the individual as “no threat” under normal circumstances. Look further into what’s needed to maintain normal, and what could happen to change circumstances into a more serious situation. If you still feel comfortable with the risk, do you have a response plan for when the unexpected happens?
You seem to already address what’s right for the individual. Specifically, open dialogue about the situation is a practice that will keep assumptions and fears low or non-existent. Plus, you have an excellent opportunity to surround this person with a loving, accepting community. However, keep in mind that child safety trumps community in children’s ministry.
Third, don’t make decisions like this alone. Involve your pastor and other senior leaders so that whatever decision happens will fall under the overall risk policies of the church. Your church can benchmark other child-centered institutions to craft infectious risk policies, such as schools, daycare centers, even the public library. While these places have very different missions and values, they likely paid for well-researched policies and procedures that are difficult for churches to afford. Open communication with individuals at your church who need involvement will help the right decision become clear to all.
In this or any similar situation, always prioritize what’s best for the children that God, and parents, have entrusted to your care.

Legal Considerations for Church Layoffs: Protecting Your Ministry

Layoffs in a church setting require careful planning to ensure compliance with employment laws and ethical considerations. Learn how to protect your church, navigate discrimination risks, and manage severance, benefits, and legal obligations.

Last Reviewed: January 29, 2025

Q: In what ways do church leaders need to protect the church from potential legal problems relating to layoffs? And to what extent does the church need to substantiate the need for specific layoffs or position elimination?


If your church is contemplating laying off employees, there are several legal issues to address. Let me mention six of them.

Consult your policy manual

First, most church employees, other than perhaps the senior pastor, ordinarily are employed indefinitely. Such employees have no expectation of continuing employment. However, some church employees are hired for a specific term, i.e., one year. In general, these employees cannot be terminated without good cause. Of course, a sharp drop in church income may well constitute good cause. Church policy manuals often address this issue, and they should be consulted.

Weight the impact to protected persons

Second, be sure that any reduction in the number of employees does not adversely impact persons who are protected by state or federal employment discrimination laws. The courts have ruled that declining revenue is a legitimate, non-discriminatory reason to dismiss employees, including those members who are of a protected class. However, layoffs cannot disproportionately impact them.

Comply with existing policies and procedures

Third, if your church has a policy or employee manual, and it addresses layoffs, be sure that you are fully complying with it.

Pay what is owed

Fourth, be sure that laid off employees are provided with any accrued benefits to which they are entitled, such as unused vacation time.

Understand the tax issues tied with severance agreements

Fifth, some churches use severance agreements when laying off some employees. Church leaders need to be very careful when utilizing such agreements, since there are a number of tax issues that must be addressed, including tax reporting and withholding, the availability of a housing allowance, and compliance with the nonqualified deferred compensation regulations under section 409A of the tax code.

Does COBRA apply?

Sixth, church leaders should be aware of the possible application of COBRA, or similar state laws, to laid off employees. COBRA is a federal law that allows certain employees covered under an employer’s group health plan to continue health insurance coverage at their own expense after the termination of their employment. COBRA was amended by the recently enacted American Recovery and Reinvestment Act of 2009 to reduce an employee’s cost of continuing coverage under COBRA to 35 percent, with the employer picking up the remaining 65 percent. This change only applies to employees who are involuntarily terminated between September 1, 2008 and January 1, 2010.

Church plans are exempt from COBRA, but most states have comparable laws that may or may not exempt church plans. Church leaders should be familiar with the possible application of state law before authorizing an employee layoff.

Seek a lawyer’s advice

Given the complexity of these issues, it is a good practice for church leaders to enlist the assistance of legal counsel before authorizing or implementing any layoffs.

Many for-profit companies have implemented creative solutions to reducing their work force. For example, some companies are reducing compensation across the board, or imposing shorter work weeks, in order to realize the savings needed to retain all current employees. Such adjustments are especially appropriate for churches whose employees often are not eligible for unemployment benefits.

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

Failure to promptly notify can result in devastating loss.

An insurance company issued a homeowner’s policy to a married couple (the “Taylors”) covering occurrences at their residence. The couple had two minor boys who lived with them. The policy provided coverage for any “occurrence,” defined as bodily injury or property damage caused by an accident. The policy contained the following section regarding the providing of notice of potential claims to the insurer:

In case of an accident or occurrence, the insured will perform the following duties …

A. Give notice to us or our agent as soon as practicable setting forth:

  1. identity of the policy and insured;
  2. reasonably available information on the time, place and circumstances of the accident or occurrence; and
  3. names and addresses of any claimants and available witnesses.

Case study

Mrs. Taylor invited her sister and her family to live with them. The sister’s five-year-old minor daughter (the “victim”) had been sexually molested by a babysitter and the family wanted to move away from the home where the crime occurred. The sister’s family eventually moved out of the home. Several years later, the victim informed her mother that she had been sexually molested by one of the Taylors’ boys when they lived together. The sister threatened to sue the son, who was now an adult, but ultimately chose not to do so after the son agreed to pay the victim’s counseling fees.

Over time, the relationship between the two families deteriorated, and four years after the initial disclosure of the abuse the sister gave the Taylors notice of her intention to sue their son. It was then, for the first time, that the Taylors notified their insurer of a possible claim. A few weeks later the sister sued the Taylors’ son, and, to the Taylors’ surprise, she also sued them.

The lawsuit alleged that the Taylors’ son sexually molested the victim in his home, and at the church his family attended, during the time they lived together. The sister claimed that the Taylors were aware that their son was molesting the victim, but did nothing to stop him. The lawsuit sought compensatory damages of $3,000,000 and punitive damages of $350,000.

The Taylors forwarded the lawsuit to their insurer, expecting the insurer to provide them with a legal defense and payment of any verdict or settlement. To their surprise, the insurer denied coverage on the ground that the Taylors had failed to notify it of the occurrence “as soon as practicable,” as required by the insurance policy. The insurer asked the court to confirm that it had no duty to defend or indemnify the Taylors.

The court’s ruling:

The court began its opinion by noting that “the courts have consistently held that policy provisions requiring that written notice of an accident be given ‘as soon as practicable’ or ‘immediately’ are reasonable and enforceable, and are a condition precedent which, if not complied with, bar recovery under the policy.” Such provisions “only require that the insured act within a reasonable time, considering all of the circumstances.” The question, therefore, was whether the Taylors complied with the policy’s notice requirement by providing notice within a reasonable time under the circumstances.

The court concluded that the Taylors failed to give notice “as soon as practicable,” and therefore their insurer had no legal obligation to provide them with a defense of the lawsuit or pay any portion of a verdict or settlement. It observed: “They were aware of the allegations against [their son] in 2002, but never informed their insurer of these allegations until 2007. A delay of nearly five years is, as a matter of law, unreasonable.”

The court stressed that “the duty to notify arises when an insured learns of an occurrence that, from an objective standpoint, may potentially lead to a claim against the insured that might implicate his or her policy.” It added that the duty to notify is not triggered “only by the anticipation of valid claims that may be covered; instead, the duty of notice is broader; it extends to incidents sufficiently serious as to lead a person of ordinary intelligence and prudence to believe that any claim arguably covered by the policy may be brought, even claims that may ultimately fail or that the insured may believe are not valid in law or fact.”

The court concluded:

In summary … the Taylors were bound by the policy to give notice as soon as reasonably practicable after learning of the sexual molestation allegation. This is so because these allegations were very serious—they alleged the sexual molestation of their niece, by their son, in their home. Such allegations are sufficiently serious to lead a person of ordinary intelligence and prudence to believe that a claim might be brought against them and their sons …

Of course, this does not mean that insureds are required to anticipate every conceivable claim that may be brought. All that is required is that the insured notify the insurer of an occurrence where a reasonable person, based on the facts of the occurrence known to the insured, would anticipate that a claim might be brought that would implicate the policy. This duty of the insured to notify the insurer of occurrences that might give rise to invalid claims is consistent with the duty of the insurer to defend the insured against such claims, as the duty to defend is broader than the duty to indemnify.

Importance to church treasurers

Most insurance policies impose on the insured a duty to promptly notify the insurance company of any potential claim. Failure to comply with this condition can result in a loss of coverage. Be sure you are familiar with the notice provisions in your church’s insurance policies, and comply with all of the relevant requirements. Pay special attention to the following considerations:

(1) Timely notice. Provide the insurer with notice of an accident or occurrence within the time limits specified by the relevant policy. It is common for policies to require the insured to notify the insurer of an accident or occurrence “as soon as practicable,” or “immediately.” In this case, the Taylors failed to inform their insurer of the accident or occurrence until a lawsuit was filed naming them as defendants. This was nearly five years after they had reasonable cause to believe that an accident or occurrence had occurred.

KEY POINT. The gravity of failing to comply with an insurance policy’s notice requirement is graphically illustrated by this case. The Taylors’ failure to provide their insurer with timely notice of the potential claim relieved the insurer of any legal duty to provide them with a legal defense of a $3,350,000 lawsuit or pay any portion of an adverse verdict or settlement. As a result, the Taylors had to retain and compensate their own attorney, and were solely responsible for any adverse verdict or settlement.

(2) What triggers the notice requirement? The duty to notify your insurer arises when you learn of an “occurrence” that, “from an objective standpoint, may potentially lead to a claim against the insured that might implicate the policy.” The court in this case stressed that the duty to notify an insurer is not triggered “only by the anticipation of valid claims that may be covered; instead, the duty of notice is broader; it extends to incidents sufficiently serious as to lead a person of ordinary intelligence and prudence to believe that any claim arguably covered by the policy may be brought, even claims that may ultimately fail or that the insured may believe are not valid in law or fact.”

KEY POINT. Church leaders should notify their insurer of a potential legal claim even when they are not certain that it is valid. Err on the side of caution. Remember, a failure to comply with the notice requirement can have disastrous financial consequences for the church.

(3) The content of a valid notice. Your insurance policy will describe the information that needs to be communicated when notifying your insurer of a potential claim. The policy in this case required the insureds to notify the insurer of “reasonably available information on the time, place and circumstances of the accident or occurrence” and the “names and addresses of any claimants and available witnesses.”

(4) Notifying your broker may not be enough. Many churches purchase their insurance through a local broker. Sometimes this person is a member of the congregation. Church leaders naturally assume that in the event of an accident or injury they can simply call this individual and everything will be “taken care of.” This is not always the case. A broker may not be deemed to be an “agent” of the insurance companies he or she represents, and accordingly when a church provides its insurance broker with notice of an accident or loss it is not necessarily notifying its insurance company.

If you notify your insurance broker of a loss, insist on a written assurance that he or she will notify the insurance company in writing within the period of time specified in the insurance policy. If you do not hear back within a week or so, contact the broker again to follow up. Better yet, the church itself should notify both its broker and insurance company. The insurance company’s address will be listed on your insurance policy. Ask the insurance company to provide you with written confirmation of receipt of your notice.

(5) Written rather than oral notice. If your insurance policy requires written notice, then be sure you provide written rather than oral notice of a loss.

KEY POINT. Church leaders should be familiar with the insurance policy’s provisions regarding notification of the insurance company. Is written notice required? If so, how soon after a loss? It is essential that these provisions be scrupulously followed in order to prevent a loss of coverage.

If you change insurance companies, be sure to review the new insurance policy. Do not assume that it will contain the same “notice” provisions as your previous policy.

KEY POINT. The duty to inform your insurance company of an accident or loss arises when the injury occurs, and not when a lawsuit is filed. The purpose of the notice requirement is to give your insurance company sufficient time to investigate the incident and provide a defense.

Example. A pastor is informed by a parent that her minor child was molested by a church volunteer. The volunteer is questioned, and admits having molested the child. This incident represents a potential “loss” under the church’s insurance policy, triggering a duty to inform the church’s insurance company of the loss within the period of time specified in the insurance policy. The church should inform its insurance company immediately. It is very important that it not wait until a lawsuit is filed to notify its insurance company. Such a delay not only hinders the insurance company’s ability to investigate the incident and defend the case, but it also may result in loss of coverage under the policy. This could have disastrous consequences to the church.

This article first appeared in Church Finance Today, April 2009.

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

Who Can Sign Checks for the Church? Understanding Roles and Responsibilities

Understand the roles and liability protections of church check signers, with tips to safeguard your church’s financial practices.

Last Reviewed: January 26, 2025

Q: Does the person who signs checks but has no official staff or board position in the ministry have any responsibility if anything goes wrong financially? I am not talking about writing illegal checks, but rather, if the corporation does something wrong or is accused of financial misconduct, can someone who is simply a volunteer be held responsible?


Does the person who signs checks but has no official staff or board position in the ministry have any responsibility if anything goes wrong financially? I am not talking about writing illegal checks, but rather, if the corporation does something wrong or is accused of financial misconduct, can someone who is simply a volunteer be held responsible?

Are Check Signers Personally Liable for Bounced Checks?

In general, a person who signs a check on behalf of a church or ministry will not be held personally liable for a check that bounces, as long as they are unaware that the bank account has insufficient funds to cover the check amount.

Checks are considered “negotiable instruments” under the Uniform Commercial Code (UCC). This legal framework governs liability for people who sign checks and other negotiable instruments. Employees and volunteers who sign checks on behalf of a church are representatives of the organization and are generally protected against claims made by recipients of checks drawn on the organization’s bank account.

What Does Article 3 of the UCC Say About Check Signers?

According to Article 3 of the UCC (Revised), a representative check signer, such as a church treasurer, is not personally liable for a bounced check. However, there are exceptions:

  • If the signer knowingly issues a check that will bounce, they could be held liable for fraud.
  • Fraud claims require proof that the signer was aware of insufficient funds at the time the check was issued.

A landmark case, Lippman Packing Corp. v. Rose (1953), established that a representative is not liable for fraud unless they knowingly misrepresented the situation or had actual knowledge of insufficient funds. This principle, known as the “Lippman Rule,” is still referenced today.

Are There State-Specific Considerations?

While most states follow the UCC, some variations exist. For example, New York has not fully adopted Revised Article 3. In such jurisdictions, a check signer may face personal liability unless they clearly indicate their representative role by displaying the church’s name on the check and signing with a title like “as church treasurer.”

How Can Churches Reduce Liability Risks for Check Signers?

To safeguard against potential liability, consider the following practices:

  • Ensure all checks prominently display the church’s name.
  • Require signers to include their titles, such as “as treasurer,” when signing checks.
  • Implement strong internal controls, such as requiring dual signatures for checks over a certain amount.
  • Consult with a local attorney familiar with UCC and state laws to ensure compliance and reduce risks.

FAQs

  • Are church volunteers at risk of personal liability when signing checks? Generally, no, unless the volunteer knowingly signs a check that will bounce or fails to follow best practices, like indicating their representative role.
  • What is the “Lippman Rule”? It states that a representative signer is not liable for fraud unless they knowingly participated in misrepresentation or fraud.
  • Do all states follow Revised Article 3 of the UCC? No, some states, like New York, have not adopted it fully, which may increase liability risks for check signers in those jurisdictions.
  • How can churches protect check signers? Ensure proper documentation, use dual-signature requirements, and seek legal advice on state-specific UCC applications.

Conclusion

Check signers for churches, whether employees or volunteers, are generally protected from personal liability under the Uniform Commercial Code. However, implementing best practices and understanding state-specific laws can further reduce risks and ensure proper financial oversight within the church.

Non-Compete Agreements for Pastoral Staff: Are They Legal?

Non-compete agreements can limit a pastor’s ability to work at a nearby church after resignation or dismissal. Learn how these agreements work, their legal enforceability, and best practices for churches considering such clauses.

Last Reviewed: January 29, 2025

Q: Is it legal to add something to a pastoral staff hiring agreement stating that if a pastor or ministry staff person is dismissed or resigns, they agree not to accept employment in any church within a 30 mile radius of our church for three years after their termination date?


This type of agreement or language is often referred to as a “non-compete” agreement. Non-compete agreements are common in the business world, but can be used by not-for-profit religious institutions to limit certain key employees’ options when he or she terminates. Whether a non-compete agreement will be upheld varies state by state, however, most will allow it as long as certain conditions are met.

In most cases, courts will look to whether the agreement was reasonable in scope, geography and term. Here are examples of language that likely would or would not be upheld:

Reasonable: Reverend Smith agrees not to accept a pastoral position with any Baptist church within 30 miles of First Baptist Church for two years following termination. A pastoral position means a job where the primary responsibilities include preaching, teaching, leading worship, or overseeing a Church.

Unreasonable: Reverend Smith agrees not to accept any position with any church in the State of California for five years following termination with First Baptist Church.

Additionally, some states require “additional consideration” (i.e. money or tangible benefit) in order for the agreement to be binding, especially if the agreement is signed after the employee is already employed. As with all agreements, you should have a local attorney review non-compete language to confirm that it complies with your state laws.

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Q&A: What Basic Guidelines Can We Follow to Audit Our Own Record keeping?

A checklist of items to cover when reviewing your church’s financial books.

Our church board does an audit of our financial records on a quarterly basis. They review the income records, accounts payable and payroll checks for both the church and our Christian school. This past week our finance team got in a discussion about practices an accounting firm would use versus our practices. We have never had a CPA or firm do an audit because of the expense.
I instruct the board in what to audit and check, and I am also responsible for handling the income and paying the bills. I want them to have confidence that we have procedures in place that, to the best of our ability, safeguard the church and me. What guidelines would CPAs use if they were to audit a church’s books?
Here is a checklist of some items that may prove helpful when your board conducts its audit:
  • Minutes for meetings (board, financial committee, executive committee): look for financial transactions
  • Internal controls: are they adequate?
  • Expense reports of executive employees
  • Pledges/contributions receivable: were any received that were not recorded and should have been?
  • Unrecorded trusts and estates
  • Cash: review bank reconciliations
  • Investments: determine if the statements agree to the general ledger
  • Accounts and notes receivable: make sure there is support for the amounts
  • Property, plant, and equipment (PPE): have additions and disposals been recorded and is depreciation accurate?
  • Inventory: is there support for this amount?
  • Accounts payable and accrued expenses: have all amounts incurred but not paid (including payroll and vacation time) been accrued?
  • Deferred revenue: if the revenue hasn’t been earned, is it reflected as a liability?
  • Revenue: is the donor system reconciled to the general ledger?
  • Notes payable: does the debt statement agree with the general ledger?
  • Expenses: is there a reconciliation of the 941 reports with the payroll expenses?
Additionally, it’s generally good to do an analysis of current year to prior year amounts of revenue and expense to see if there are any large or unexplained differences.
While the above list is a portion of what a full audit would encompass, it can still seem overwhelming. Your board may want to select a few items and do them on a rotating quarterly basis.
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.

Does You Need a Church Risk Management Team?

A team should include professionals in areas you intend to address, such an accountant for financial issues, a builder for structural ones, and an attorney for liability issues.

We would like to create a risk management team in our church. What kinds of volunteers should we try to recruit for this ministry? How do other churches use a safety team to help oversee church people, property, and ministries?

Your church is to be commended for recognizing the need to take steps to prevent problems before they happen—the very essence of risk management. Many churches have begun to work on comprehensive risk management plans that thoughtfully consider and address the exposures involved in their ministries.
Recruiting the right people to develop the plan is an important aspect of creating an effective plan. Create one or more committees of people who understand and value risk management. Include professionals in areas you intend to address, such an accountant for financial issues, a builder for structural ones, and an attorney for liability issues.
Plan development is generally best undertaken by a team. For the team to be effective, it’s important that they be granted sufficient authority by the church to put an effective plan into place.
When a church begins work on a comprehensive risk management plan, the process can seem daunting. Keep it manageable by breaking the project down into smaller steps. Ask the right people (and enough of them) to complete each one and develop a project plan with firm delivery dates along the way.
Here are six steps recommended by Brotherhood Mutual for developing a workable, well-thought-out risk management plan for your church:
  1. Identify the hazards. Determine what areas of your ministry might pose risks. Consider any hazard that can cause injury, illness, death, loss, or damage to equipment or property. Consider a variety of “what if” scenarios.
  2. Assess the risks. Estimate the probability and severity of each potential risk. Think in terms of worst-case possibilities to get a credible measure of how severe a risk could become. With results in hand, you’ll have a useful tool for identifying which risks should be given closest attention.
  3. Analyze risk control measures. Investigate specific strategies and tools that reduce or eliminate risks. There’s a range of options, from deciding not to take a risk at all to finding ways to reduce, accept, or transfer the risk.
  4. Make risk control decisions. Once you have chosen a strategy, determine the level of risk remaining. Do you still think the remaining risk is acceptable? Or should you modify the plan to develop measures to better control the risk? Capture your decisions in writing.
  5. Implement risk controls. Document your plan fully and implement it with appropriate resources. You’ll also want to communicate the plan—or at least the relevant components—to church employees, volunteers, and members.
  6. Supervise and review. Make sure everyone is playing his or her role appropriately once your plan is in place. As time passes, review the plan periodically to ensure it’s still working. Get feedback from people involved in all aspects of the plan, and use their comments to modify it as needed.

Understanding Comp Time and Overtime Rules for Church Employees

Many churches mistakenly believe they can offer comp time instead of overtime pay. However, under the Fair Labor Standards Act (FLSA), private employers must pay non-exempt employees overtime for hours worked beyond 40 in a single workweek. Learn how to handle overtime correctly to stay compliant.

Q: Could you address the “comp time” issue? This seems to be a huge misunderstanding in church circles. My understanding of the Fair Labor Standards Act is that there is no comp time in lieu of overtime pay for non-exempt employees. Overtime is after 40 hours in one work week and you can’t comp it at 1-1/2 hours time off? Is this right?


You are correct. Private employers, such as churches and not-for-profit ministries, cannot offer compensatory time to non-exempt employees in lieu of overtime. Comp time is often defined as substituting overtime with time off work.

The Fair Labor Standards Act (“FLSA”) does allow employees to rearrange hours worked within the same workweek (not pay period) to avoid overtime. However, employees cannot substitute paid time off for the time worked over 40 hours to use in another week.

The FLSA requires employers pay non-exempt employees overtime compensation for all time worked in excess of 40 hours within any workweek.

Here is a common scenario that demonstrates how this works: First Church of Lansing pays employees every other week. Kim, the church secretary, works 44 hours one week and 36 the next week. In this scenario, the employer must pay Kim four hours overtime for the first week. Even though Kim worked 80 hours in the pay period, she still worked 44 hours in one week and therefore must receive overtime compensation.

Some states have additional wage and hour restrictions, such as requiring overtime when an employee works more than eight hours a day, that apply. So make sure you talk to a local attorney to confirm how overtime must be administered in your state.

Church Liability: Fall Risk Prevention

Protect your congregation from the church’s most common liability.

Last Reviewed: February 11, 2025

Along with the winter season comes slippery ice and wet floors, and you will need to consider what you can do to make your church safer for all who will enter and exit. “Slips, trips, and falls,” as a category, is one of the most common liability areas for churches. In fact, personal injury lawsuits (commonly prompted by slips, trips, and falls) are a perennial top reason churches go to court each year.

Help protect visitors and members at your church by using nonskid mats and wax, immediately cleaning up water spills, and always placing signs around slippery floors.

Consider these examples that prompted lawsuits:

Example. A charity permitted an outside group to use its facility for a Christmas party. During the party, a woman suffered serious injuries when she fell on a slippery floor. As a result of her injuries, the woman underwent surgery for a complete hip replacement.

She later sued the charity, claiming that the floor was unreasonably slippery, and that this dangerous condition caused her to fall. The charity asked the court to dismiss the case, but its request was denied. On appeal, a state appeals court suggested that there was sufficient evidence that the charity retained control over its premises during the party to send the case to a jury.

The court began its opinion by acknowledging that a property owner may be legally responsible for injuries that occur on its premises when they are under its custody or control.

The court suggested that the charity had retained control over its premises during the Christmas party on the basis of the following factors: 1) the charity was responsible for setting up tables for the party; 2) the charity provided a custodian during the entire party; and 3) the charity was responsible for opening the premises at the beginning of the party and locking the premises at the conclusion of the party. The charity’s custodian admitted that he had cleaned the floor prior to the party and that he was on duty and responsible for cleaning the floor during the party.

Example. The Mississippi Supreme Court ruled that an unincorporated church and its board of trustees could be sued by a member who was injured when she slipped and fell on a waxed floor while leaving a Sunday school class. The member argued that she was an “invitee” and, accordingly, that the church owed her a high degree of care, which it breached. The church maintained that the member was merely a “licensee” to whom it owed a minimal duty of care.

The state supreme court observed that the term invitee includes both “public invitees” and “business visitors.”

A public invitee is “a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public,” while a business visitor is “a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.”

On the other hand, a licensee is one “who enters upon the property of another for his own convenience, pleasure, or benefit pursuant to the license or implied permission of the owner.” In applying these definitions to church members, the court concluded:

Members of religious associations, in general . . . fall within the category of “public invitees.” Religious bodies do expressly and impliedly invite members to come and attend their services and functions. They hold their doors open to the public. While they do not charge admission fees . . . churches do depend on contributions . . . in order that they may continue to be open to the public.

Therefore, a church member who does not exceed the scope of the church’s invitation is an invitee while attending a church for church services or related functions.

Accordingly, the member who slipped and fell on the waxed floor was an invitee to whom the church owed a high degree of care, rather than a mere licensee to whom the church owed only a minimal duty of care.

These examples illustrate the unpredictable ways that courts will determine the duty of care churches owe to people who enter their buildings. Since lawsuits caused by slips, trips, and falls are so common, and because churches do not want to see anyone injured while on their properties, church leaders should actively and aggressively address this risk.

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

Safely Disposing of Sensitive Information

How does the FTC’s “disposal rule” apply to churches?

Q: Our church recently received an unsolicited ad in the mail from a company warning us that we need to comply with a Federal Trade Commission “disposal rule.” What is the disposal rule, and does it apply to churches?


In an effort to protect the privacy of consumer information and reduce the risk of fraud and identity theft, the FTC adopted a “disposal rule” in 2005 requiring “consumer reports to be disposed of in such a manner that they cannot subsequently be reconstructed by identity thieves. The rule requires the proper disposal of information in consumer reports and records to protect against “unauthorized access to or use of the information.”

The definition of a “consumer report” includes credit checks, criminal records checks, and references that are used in making employment decisions. The bottom line is that these kinds of documents cannot simply be tossed into the trash. Instead, they must be shredded, burned, or pulverized, either by the employer itself or by an external vendor. Obviously, the vast majority of churches can comply with this rule by purchasing a $20 shredder at a local office supply store.

According to the FTC, the standard for the proper disposal of information derived from a consumer report is flexible, and allows the employer to determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology.

For more information about the disposal rule, visit the FTC website.

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

Do Churches Need to Comply with the FTC Disposal Rule?

Find out how the FTC Disposal Rule impacts churches and why proper document disposal is essential for protecting sensitive information.

Last Reviewed: January 26, 2025

Q: Our church recently received an unsolicited ad in the mail from a company warning us that we need to comply with a Federal Trade Commission “disposal rule.” What is the disposal rule, and does it apply to churches?


In an effort to protect the privacy of consumer information and reduce the risk of fraud and identity theft, the FTC adopted a “disposal rule” in 2005 requiring “consumer reports” to be disposed of in such a manner that they cannot subsequently be reconstructed by identity thieves.

The rule requires the proper disposal of information in consumer reports and records to protect against “unauthorized access to or use of the information.”

The definition of a “consumer report” includes credit checks, criminal records checks, and references that are used in making employment decisions. The bottom line is that these kinds of documents cannot simply be tossed into the trash.

Instead, they must be shredded, burned, or pulverized, either by the employer itself or by an external vendor. Obviously, the vast majority of churches can comply with this rule by purchasing a shredder at a local office supply store.

According to the FTC, the standard for the proper disposal of information derived from a consumer report is flexible, and allows the employer to determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology.

For more information about the disposal rule, visit the FTC website at www.ftc.gov.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.
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Understanding Taxes on Educational Assistance for Churches

Discover how churches can provide educational assistance to employees while meeting IRS requirements and minimizing tax liabilities.

Last Reviewed: January 3, 2025

Q: Our senior pastor is pursuing an advanced degree through a seminary located in another state. Our church board would like to pay his tuition expense, since we believe that our church will directly benefit from this additional education. Are we required to report the amounts we pay as taxable income to the pastor, or are these payments nontaxable?


Churches offering educational assistance to their employees, such as senior pastors pursuing advanced degrees, must navigate complex tax regulations. This article explains how to handle taxes on educational assistance in compliance with IRS rules.

Key Takeaways:

  • Educational assistance up to $5,250 annually can be excluded from taxable income.
  • Excess benefits may be taxable unless they qualify as working condition fringe benefits.
  • A written educational assistance program is required for compliance.

Can our church pay our pastor’s tuition without making it taxable income? Yes, under certain conditions. Section 127 of the tax code allows up to $5,250 annually in tax-free educational assistance benefits for employees. Here’s how:

Eligibility for Tax-Free Educational Assistance

To exclude up to $5,250 of educational assistance benefits from taxable income, the church must meet the following requirements:

  • Establish a written educational assistance program for employees.
  • Ensure the program does not discriminate in favor of officers or highly compensated employees.
  • Provide reasonable notification of the program’s availability and terms to all eligible employees.
  • Offer educational assistance rather than cash alternatives.

What Qualifies as Educational Assistance?

Educational assistance benefits include:

  • Payments for tuition, fees, and similar expenses.
  • Costs for books, supplies, and equipment related to coursework.

These benefits apply to both undergraduate and graduate-level courses, regardless of whether the courses are work-related. However, expenses for meals, lodging, transportation, or general supplies are not included.

Tax Treatment of Benefits Over $5,250

Any educational assistance exceeding $5,250 annually must be treated as taxable income unless it qualifies as a working condition fringe benefit. For education expenses to qualify as a working condition fringe benefit, they must:

  • Maintain or improve skills required for the employee’s current role, or
  • Meet the employer’s requirements for continued employment or licensing.

Education expenses generally do not qualify if they are for training in a new trade or business or for meeting minimum educational requirements.

Example

Your church pays $10,000 toward your senior pastor’s tuition. The first $5,250 can be excluded from taxable income. The remaining $4,750 is taxable unless it qualifies as a working condition fringe benefit.

Additional Considerations

  • The exclusion applies to both income tax and Social Security tax.
  • Self-employed individuals may also qualify for the exclusion under these rules.

FAQs About Taxes on Educational Assistance

  • What if the educational expenses are related to a new role?
    Such expenses are generally taxable unless they meet the requirements of a working condition fringe benefit.
  • Does the exclusion apply to self-employed clergy?
    Yes, self-employed clergy can also benefit under the same rules.
  • What expenses qualify under an educational assistance program?
    Tuition, fees, books, supplies, and equipment qualify, but meals and lodging do not.
  • How should excess educational benefits be reported?
    Amounts exceeding $5,250 must be included in the employee’s Form W-2 (Box 1) unless they qualify as a working condition fringe benefit.

Conclusion

By adhering to IRS regulations, churches can provide educational assistance to employees while minimizing tax liabilities. Establishing a compliant educational assistance program is essential for achieving these benefits. For additional guidance, consult IRS Publication 970 or your tax advisor.

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

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

What Churches Should Know About No Interest Loans

What are the tax implications or potential penalties of doing so?

Last Reviewed: January 5, 2025

Q: Our church board has approved a $10,000 no-interest loan to one of our pastors to assist him with the down payment on a new home. We have two questions about this transaction. Since the loan is for $10,000, it is our understanding that the foregone interest would not represent taxable income to him. Is this correct?

Second, if we decide to forgive the loan, we understand that the balance will be considered income and subject to federal and state income tax. At the time of forgiveness, does the entire balance become taxable or is it taxable incrementally throughout the remaining duration of the loan?


Churches often provide no-interest or low-interest loans to pastors for housing or other needs. However, these transactions come with specific tax and legal considerations. This article addresses key questions regarding no-interest loans and how to navigate their implications.

Key Takeaways:

  • No-interest loans over $10,000 may result in taxable income from foregone interest.
  • Forgiving a loan balance results in immediate taxable income.
  • State laws may prohibit loans to officers or directors.
  • Failure to report taxable benefits can trigger excise taxes and penalties.

Does a $10,000 no-interest loan result in taxable income? Generally, no, provided that the loan is not structured to avoid taxable income. Loans exceeding $10,000, however, require reporting foregone interest as taxable income.

Tax Implications of No-Interest Loans

Here are key tax considerations for no-interest or below-market loans:

  • Foregone Interest: For loans exceeding $10,000, the church must report the foregone interest as taxable income for the employee.
  • Intent to Avoid Tax: If the loan is structured to avoid income tax by keeping the loan amount at or below $10,000, the exemption may not apply.

Loan Forgiveness and Taxable Income

If the church forgives the loan, the remaining balance becomes taxable income immediately. Forgiveness could also trigger nonqualified deferred compensation rules under section 409A of the tax code.

Churches must also address legal and compliance concerns when offering loans:

  • State Nonprofit Laws: Many states prohibit nonprofit boards from making loans to officers or directors. Check your state’s laws to ensure compliance.
  • Inurement Risks: Loans must not result in private benefit or inurement, which could jeopardize the church’s tax-exempt status. Reporting all taxable income eliminates this risk.
  • Excise Taxes: Unreported taxable fringe benefits may subject the recipient to excise taxes of up to 225%, with additional penalties for board members who authorize such benefits.

Examples of Tax Treatment

Example 1: $10,000 Loan

The church offers a no-interest loan of $10,000 to a pastor. Since the amount does not exceed $10,000 and is not structured to avoid tax, no foregone interest is taxable.

Example 2: $15,000 Loan

The church provides a no-interest loan of $15,000. Foregone interest on the excess $5,000 must be reported as taxable income for the pastor.

FAQs About No-Interest Loans

  • Are no-interest loans always tax-free?
    No. Loans exceeding $10,000 generally require reporting foregone interest as taxable income.
  • What happens if a loan is forgiven?
    The forgiven amount becomes taxable income immediately and may trigger additional tax regulations.
  • Are there state restrictions on church loans?
    Yes. Some state nonprofit laws prohibit loans to officers or directors, even with reasonable interest rates.
  • How can churches avoid penalties?
    Ensure proper reporting of taxable benefits and compliance with federal and state laws.

Conclusion

No-interest loans can be a helpful tool for supporting church staff but require careful tax and legal compliance. Churches must report foregone interest when applicable, comply with state laws, and avoid risks to tax-exempt status. Consultation with a tax professional is recommended for complex arrangements.

For further details, visit the IRS website or explore resources on Church Law & Tax.

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

How New Church Treasurers Can Handle Disorganized Financial Records

Learn how new church treasurers can address disorganized financial records and decide whether a church audit is necessary.

Last Reviewed: January 26, 2025

Q: I recently took on the job of church treasurer. I’m not a CPA, but even I can tell our records are in disarray. How can I unravel the inconsistent accounting methods used in the past? Should I recommend a church audit to help straighten everything out?


I am aware of one business administrator that required the church be audited as a condition of her accepting the employment agreement. While that gives everyone an idea of what problems existed before she arrived, an audit is not always a cost effective solution to the issues.

If the church has not been audited before, the money is probably better spent to have an accountant experienced in church finances complete a consulting engagement to sort through potential problem areas and give suggestions on better accounting processes and policies.

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.

Exceptions to Sales Tax Exemptions

Key insights into exceptions to sales tax exemptions for churches, including when to pay and collect sales tax on transactions.

Last Reviewed: January 15, 2025

Many churches mistakenly believe that their federal income tax exemption automatically extends to all taxes, including sales taxes. However, there are several exceptions to sales tax exemptions that churches must understand to remain compliant with state and local regulations.

When Are Churches Required to Pay Sales Tax?

Sales tax laws vary by state, with 45 states and Washington, DC, requiring sales tax collection. Each state’s statutes define when sales tax exemptions apply, so it is crucial to consult your state’s revenue department for specifics. Below are key considerations for when churches need to pay sales tax:

1. Providing an Exemption Certificate

States that exempt churches from paying sales tax require an exemption certificate to be provided to the seller. Without this certificate, or if it is incomplete, the seller is responsible for paying the sales tax. Some states issue exemption numbers, while others do not.

2. Payment Must Be from Church Funds

Purchases must be made using church funds, such as a church check or church credit card. Personal payment methods, such as an employee’s credit card or personal check, may not qualify for exemption. In some states, churches can request a refund of sales taxes paid by submitting receipts to the state’s revenue department.

3. Purchases for Exempt Functions Only

Most states allow churches to avoid paying sales tax on items directly related to their exempt functions, such as office supplies or computers. However, purchases for non-exempt uses, such as prizes for children’s events, are typically taxable. Similarly, items for a pastor’s parsonage are often considered personal and not ministry-related, so they may not qualify for exemption.

When Are Churches Required to Collect Sales Tax?

Churches often confuse their exemption from paying sales tax with an exemption from collecting it. However, most states require churches to collect sales tax on taxable transactions. Here are situations where churches must collect sales tax:

1. Sales of Tangible Property

Churches must collect sales tax on the sale of tangible items such as books, CDs, or sermon recordings. This applies even to items sold during church classes or events, depending on state regulations.

2. Fundraising Events

Many fundraising events, such as bake sales or craft fairs, involve selling taxable items. Most states collect sales tax on prepared food sales, though some offer exemptions for church events, like Wednesday evening meals.

3. Auctions

Most states require sales tax collection on items sold at auctions, although some states provide exemptions for charitable auctions. Churches should verify state-specific rules and structure auctions accordingly to qualify for exemptions where possible.

4. Craft Fairs and Festivals

Churches hosting events where booths are rented to individuals or businesses should take extra precautions. In many states, the “flea market” rule holds the host church liable for sales tax on items sold by vendors without valid sales tax permits. Churches can avoid liability by requiring booth renters, as well as speakers or performers selling goods, to provide a copy of their valid sales tax permits before participating.

FAQs: Exceptions to Sales Tax Exemptions

1. Are churches automatically exempt from all sales tax?

No, churches are not automatically exempt. Each state has specific rules about what purchases and transactions qualify for exemption.

2. Can a church use its sales tax exemption for personal purchases?

No, sales tax exemptions typically apply only to purchases made directly for church-related exempt functions. Personal items, such as those for a parsonage, are not covered.

3. Does a church need a sales tax permit to sell items?

In most states, yes. Churches conducting taxable transactions, such as selling books or holding fundraisers, must obtain a sales tax permit and collect applicable taxes.

4. What is the “flea market” rule, and how does it affect churches?

The “flea market” rule makes churches liable for sales taxes on items sold by vendors at church-hosted events unless those vendors have valid sales tax permits. Requiring proof of permits protects the church from liability.

By understanding exceptions to sales tax exemptions, churches can ensure compliance with state laws, avoid unnecessary liabilities, and maintain their tax-exempt status. Consulting your state revenue department or a tax professional is essential for clarity on specific scenarios.

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

Maximizing Church Purchases: The Value of Lifecycle Cost Analysis

Learn how Crossroads Christian Fellowship and other churches optimize purchases by focusing on lifecycle cost analysis. From flooring to heat pumps, discover practical strategies for ensuring value, stewardship, and long-term savings.

Last Reviewed: January 23, 2025

When Crossroads Christian Fellowship in Rockford, Illinois, a church with a new 300-seat sanctuary, needed new flooring for a large portion of its administrative area, Pastor Randy Hargate researched the choices. “There were many types of flooring to choose from,” he says, “everything from hardwood to carpeting.”

The options available to the church varied widely in price—but the purchase price was not Hargate’s primary consideration in making his decision. Instead, he based his decision on the total lifecycle cost, a strategy long-known in business circles, and one that church leaders and business administrators can use to help ensure better, longer-lasting purchases get made.

The pastor did his homework, studying the utility of the products relative to their total costs, which included the prices of the flooring, the costs of installation, the costs of maintenance throughout each product’s lifetime, and the eventual replacement costs, among other things.

“After exploring the installation problems associated with hardwood and our all-cement floor, and the carpeting possibility, which did not seem to work for us, I decided to go with rubber-plank flooring,” explains Hargate.

Once he chose the best possible solution based on several factors, only then did he turn his attention to the best possible price. “Our local stores were not very aggressive for the sale, so I went on the Net and shopped,” he says.

That effort saved the church 37 percent compared to the local dealer’s price.

Had Hargate focused solely on the lowest price, it may have led to an unsatisfactory product, and quite possibly a higher overall cost in the long run. Had he focused on the highest quality product available, it may have led to a higher-priced selection that didn’t best apply to his church’s situation.

His situation illustrates the usefulness of calculating lifecycle costs, serving as a vivid reminder that rock-bottom prices don’t always equate to good stewardship for churches, even when tougher economic times tighten budgets for decision-makers.

Don’t Think Like a Shopper

In the corporate world, money is spent to further the business goals of the corporation. Executives are held accountable by a board of directors, employees, shareholders, and creditors for how money is spent. Likewise, people who donate funds to churches hold their leaders accountable for how finances are handled. While they aren’t looking for a financial return on their money, donors do expect the money to effectively advance ministry goals. It’s often called “stewardship,” but the definitions churches use often are short-sighted ones.

Good stewardship is not about getting the lowest price possible for a product or service. Nor is it about buying the highest quality available. Rather, it’s about getting the most effective use from ministry funds. There are right ways and wrong ways to evaluate a potential purchase. Unfortunately, many ministry dollars are wasted on “good deals.”

As consumers, we are ingrained with the importance of purchase price. Retail businesses understand the shopper’s fixation with price, and they work hard to create the reputation of offering the lowest purchase price. Quality, value, and the true costs of purchasing and owning the product are often secondary thoughts.

But business and ministry leaders cannot afford to shop by price alone. Inferior goods can jeopardize the business or ministry and its reputation. Like business leaders, ministry leaders should seek out companies that offer commercial-quality products and services. The same principles used for procuring high-value items in a Fortune 500 company should be applied when purchasing items for a church of any size.

Pastor Hargate says churches should use the same purchasing principles as a commercial enterprise. “I have found that a church is considered commercial by the building departments of our city inspector’s office, and that it is proved to be commercial when you look at the wear and tear experienced on most everything in a church,” he says.

What differentiates a commercial-buyer mindset from the average consumer’s mindset? Before considering purchase price, a commercial buyer needs to investigate many other factors, including:

  • Delivery cost.
  • Installation cost.
  • Annual maintenance cost.
  • Operating cost.
  • Operator training cost.
  • Rework costs due to inferior quality.
  • Insurance cost.
  • Useful lifetime expected.
  • Disposal cost.

Other considerations include performance, appearance, aesthetics, and environmental impact—factors that are difficult to assign a dollar amount to, but might be very important to the purchasing decision. Considering all these factors in the aggregate is much more important than purchasing on price alone.

Dig Deeper

The expression “total lifecycle cost” is a common part of business vernacular in almost every industry. And although total lifecycle cost considerations sound simple, they often require buyers to shed their purchasing habits as consumers and take on new purchasing habits as commercial buyers.

“Aside from the purchase of a disposable commodity where price point is everything, stewardship is about the wise use of God’s resources,” says Dr. Thomas McElheny, founder and chief executive officer of ChurchPlaza, a leading provider of quality products and services to the church market. McElheny believes that value is a combination of many variables, including price, quality, and other intangibles, such as informed service and guarantees.

Approaching purchases with the total cost of ownership in mind gets to the essence of value, according to Tom Nickell, president and CEO of Lightworks New Media, developer of Web Medley, a solution to aid congregations in reaching out and staying connected with their members. “Wise stewardship can be viewed as realizing the highest usage of the resources available to the church—getting the most value out of those resources, whether they are money or time,” he says. “A wise steward of church resources should be looking at the overall value of any purchase decision for the church. That is far beyond simply looking at the initial purchase price.”

There is little doubt that real value can be achieved when the total cost of ownership is a guiding principle. However, for many churches, such a practice is dependent upon a committee or acquisition team that possesses good business sense and some knowledge of commercial purchasing practices.

“Having a church large enough to find people with the background needed to contribute the information needed to make a wise purchase is a great luxury,” Hargate says. “When sought out, these people are not only willing to contribute their experience but likely to direct you to a purchase and the most cost-effective place to make the acquisition. They can often use their influence to orchestrate volunteer labor to install the purchase or negotiate a discount.”

Run the Numbers

Churches can approach a life-cycle purchasing mentality many ways. One method is to devise a list of questions to help ascertain the total lifecycle cost of the product. Examples of the types of questions to ask include:

  • What are the options regarding materials of construction?
  • Are spare parts required, and if so, what is their cost and availability?
  • What is the lifespan of each type of material?
  • How much will regular service and maintenance cost?

Put those questions in a tabular form, and answer them for several different options. The results will help you make a better buying decision and document why you made the decision—which is helpful should someone question what was done.

McElheny recommends an equation that includes price, plus product quality, plus services and guarantees, plus reputation of the supplier. Quantify each factor on a scale of one to ten, with a double rating for reputation of the supplier. Add the total for each option. “Run the numbers and make a decision,” McElheny says. “It will usually be the best one.”

An example of this might be a heat pump purchase where different models and manufacturers are being evaluated. Points may be allocated for parts warranties, such as the heat pump’s compressor and heat exchanger, giving more points for lifetime warranty, versus ones lasting three or five years. Points could also be allocated for the energy ratings of the different models, frequency of cleaning required, and other factors. The purchasing committee could consult overall ratings of the manufacturers from sources, such as associations and nonprofits that evaluate such equipment. The overall ranking by third parties could be given a greater weight in the points allocation of the purchase decision.

Nickell says he stresses looking ahead three to five years or another reasonable timeframe for what is being purchased. Add up the costs, which should include maintenance, upgrades, and repairs. This will illuminate the potential value to the church over that timeframe.

“The values placed on the benefits may be different, or determined in different ways,” Nickell says. “But the basic approach should still be the same. As accurately as possible, determine the overall costs over the product life, and then weigh them with the value likely to be realized by the church over the life of the product.”

Jim Romeo is a freelance writer in Virginia.

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Understanding the Consequences of Losing Tax Exemption for Churches

Learn what happens if your church loses its tax-exempt status and how it could affect finances, donations, and legal protections.

Last Reviewed: January 1, 2025

Q: I am aware that churches risk the loss of their tax-exempt status if they participate in political campaigns. Several people in our congregation would like for our church to be more politically active. As a practical matter, what difference would it make if we lost our tax-exempt status?


Implications of Losing Tax-Exempt Status

Losing tax-exempt status would significantly impact your church in several ways. Here are the key consequences:

  • The church’s net income would be subject to federal and state income taxation (except in states without an income tax).
  • Donors would no longer be able to deduct their contributions to the church.
  • The church would be ineligible to establish or maintain 403(b) tax-sheltered annuities.
  • The church could lose its property tax exemption under state law.
  • The church could lose its sales tax exemption under state law.
  • The church could lose its exemption from unemployment taxes under state and federal law.
  • There may be a negative impact on the church’s zoning classification.
  • Preferential mailing rates may no longer apply.
  • State laws may require the church to register its securities.

Impact on Ministers and Congregants

  • Nondiscrimination rules for certain fringe benefits, such as medical insurance premiums, would apply.
  • The housing allowance for ministers may be affected in some cases.
  • The exempt status of ministers who opted out of Social Security could be impacted.
  • Protections under the Church Audit Procedures Act would no longer apply.
  • State charitable solicitation exemptions may no longer apply.
  • The church may lose exemptions under federal and state civil rights laws regarding religious discrimination.
  • The church may no longer qualify for exemptions under the public accommodation provisions of the Americans with Disabilities Act (ADA).

Why Churches Must Be Cautious

Clearly, any activity that jeopardizes a church’s tax-exempt status must be addressed with utmost seriousness. The potential consequences span financial, legal, and operational domains, directly impacting your congregation and mission.

FAQs About Losing Tax-Exempt Status

1. Can a church regain its tax-exempt status after losing it?

Yes, but the process involves reapplying with the IRS, demonstrating compliance, and meeting all requirements.

2. What activities could cause a church to lose its tax exemption?

Engaging in political campaigns, excessive lobbying, or operating in a commercial manner unrelated to its mission can jeopardize exemption.

3. How does losing tax exemption affect church donations?

Donors would no longer receive tax deductions for their contributions, potentially decreasing giving.

4. Are there alternatives to mitigate risks of losing exemption?

Consult legal counsel to ensure compliance with tax laws, and implement governance practices that align with IRS requirements.

Additional Resources

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

Ownership of Church Accounting Records

Allowing a church treasurer to work on these records at home is problematic.

Q: Our treasurer frequently brings some of the church’s financial records home to work on them. He claims that the records are his property, and not the church’s, when they are in his home. Is that correct? Who does own a church’s accounting records?


Let me make six observations in response to your question.

1. An incorporated church must maintain its financial books

The nonprofit corporation laws under which most churches are incorporated require that corporations maintain various kinds of records, including financial books of account.

To illustrate, the Model Nonprofit Corporation Act, which has been adopted by most states, provides that “a corporation shall maintain appropriate accounting records.” While this language does not directly address ownership, the fact is that how can a church maintain appropriate accounting records if they are possessed and “owned” by the treasurer? As a result, it should be assumed that the church is the owner of its financial records, and not a volunteer treasurer who takes them home.

The takeaway point is that location, and even possession, does not determine ownership.

2. This practice violates principles of internal controls and other practical concerns

Allowing a volunteer treasurer to take the church’s accounting records home is not recommended, for several reasons, including the following:

Such a procedure violates two of the core principles of internal control: segregation of duties and oversight over operations. Imagine the financial improprieties that could go undetected under such an arrangement.

Irreplaceable financial records may be lost, stolen, or destroyed while in the home of the church treasurer, and confidential information may be accessed by family members.

Church staff will be frustrated in the performance of their duties because of the inaccessibility of the church’s financial records.

Such an arrangement can provide a treasurer with “leverage” that can be exerted to achieve ulterior objectives.

Such an arrangement may result in the permanent inaccessibility of church records in the event of a dispute with the treasurer, or at such time as the treasurer leaves office voluntarily or involuntarily.

3. What do church bylaws say about this practice?

Church leaders should check the church’s bylaws or other governing document to determine what, if any, authority the treasurer may have over the church’s financial records.

Some church bylaws state that the treasurer shall have “custody” of the church’s financial records, or “be responsible” for them. But custody and responsibility are not the same as ownership, although such terminology suggests that the treasurer is authorized to remove the church’s financial records to his or her home. For the reasons stated, this generally is not advisable, and so church leaders should review their governing document in order to identify and amend such a provision should one exist.

4. Paid employees and FLSA considerations

The same reasoning above applies to paid treasurers, bookkeepers, business administrators, or other employees. A paid church worker should not keep financial records at home.

An additional consideration applies to all nonexempt employees: the federal Fair Labor Standards Act (FLSA). The FLSA guarantees overtime pay for hours worked in excess of 40 during the same week. States have their own requirements.

Nonexempt employees would need be paid for work down at home. Some churches allow employees to take church records home to work on them as unpaid “volunteers.” But this is not permissible, according to Department of Labor interpretations of the FLSA.

The bottom line is that allowing church employees to take church records home in order to work with them may expose a church to significant liability under the FLSA or a state counterpart.

5. Risk management concerns

Some church leaders allow financial records to be kept in the private residence of a treasurer or other church officer or employee to preserve them from theft or a natural disaster affecting the church office. This risk can be managed by storing the records in a locked and immovable fireproof cabinet. After data on financial records is integrated into the church’s computer software, backup copies can be stored off-site.

6. The AICPA Statment on Auditing Standards and document ownership

The American Institute of Certified Public Accountants (AICPA) Statement on Auditing Standards requires CPAs to maintain specified kinds of documentation when performing an audit (no. 96, “Audit Documentation”). Most states have enacted laws specifying that CPAs own the working papers and other documentation they prepare in performing their duties. As a result, a church ordinarily cannot assert ownership in the working papers of CPAs who are retained to perform an audit of the church.

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

Tips for For Fostering An Emotionally Safe Children’s Ministry

An emotionally safe environment allows children to make friends and trust their teachers.

None of us intend to cause or allow a child to get hurt emotionally. Ideally, when a child comes to our classroom, we want them to feel safe to make friends with other children and trust the leaders. Above all, we want to create a safe haven where children can come to explore the mysteries of God, and discover his goodness.

Use these simple tips to help you create an emotionally safe environment in your children’s and youth ministry.

What to Avoid

  • Ignoring. Whether physically or psychologically, the parent or caregiver is not present to respond to the child. A child feels ignored when his teacher fails to make eye contact or call him by name.
  • Rejecting. This is an active refusal to respond to a child’s needs (e.g., refusing to touch a child, denying the needs of a child, ridiculing a child).
  • Verbally assaulting. Children feel verbally assaulted if they are belittled, shamed, ridiculed or verbally threatened.
  • Neglecting the child. This abuse may include educational neglect, where a parent or caregiver fails or refuses to provide the child with necessary educational services; mental health neglect, which denies or ignores a child’s need for treatment for psychological problems; or medical neglect, in which a parent or caregiver denies or ignores a child’s need for treatment for medical problems.

What You Can Do

  • Promote emotional literacy. Emotional literacy is the ability to identify, understand, and respond to emotions in oneself and others in a healthy manner. Children who have a strong foundation in emotional literacy tolerate frustration better, get into fewer fights, and engage in less self-destructive behavior than children who do not have a strong foundation.
  • Never be afraid to apologize. If you lose your temper and say something in anger that you shouldn’t have said, apologize. Children need to know that adults can admit when they are wrong. These situations are also a great time to explain how Jesus asks us to forgive—and that even adults need his help.
  • Bolster self-worth and confidence. Kids need adults who can identify and encourage their strengths. The message “I believe in you” can serve as needed affirmation today and an investment in a more confident tomorrow.

“Privileged” v. “Confidential” Communications in Church

Confidentiality and privileged communication are not the same thing. It is important to understand this for pastors.

Q: What is the difference between “privileged” communications and “confidential” communications?


The concepts of privilege and confidentiality are often confused.

The “clergy-penitent privilege” is a rule of evidence that protects clergy from having to testify in judicial proceedings about communications made to them in confidence while acting in their professional capacity as spiritual advisors. The important point to note is that privileges pertain to testimony in judicial proceedings, including court-room testimony and depositions.

“Confidentiality” is a much broader concept, and refers to a duty not to disclose to anyone the substance of communications shared in confidence. Confidentiality is distinguished from privilege in two ways.

First, the duty of confidentiality is not limited to judicial proceedings.

Second, it is an ethical rather than a legal duty. While the impropriety of disclosing confidential information is universally acknowledged, few clergy have been found legally accountable for unauthorized disclosures. This is because the duty of clergy to preserve confidences has traditionally been considered to be a moral rather than a legal obligation.

No law prevents clergy from sharing confidences. However, in recent years a few clergy have been sued for divulging confidences on the basis of an alleged “duty of confidentiality.” Only two courts have found clergy liable for divulging confidential information. Any other cases addressing this important topic will be addressed fully in this newsletter.

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