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 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.

Can Church Members Vote to Suspend Bylaws at a Business Meeting?

Most of the time, a church cannot suspend bylaws willy-nilly due to important legal and procedural considerations.

Q: Our church bylaws state that board members serve a maximum of six years in office. Our church is in the midst of a construction project, and one of our board members is a contractor who has provided invaluable assistance to the church during this project. Many of the members wanted this person to remain on the board following the expiration of his term of office. A member made a motion to “suspend the bylaws” to allow this to happen. This motion did not pass, but it raised a question in our minds concerning the legality of suspending bylaws. Can church members, at a duly called business meeting, take action to suspend the bylaws?


In most cases, the answer is no. Consider these 10 points:

One

State nonprofit corporation laws under which many churches are incorporated generally make no provision for the suspension of bylaws.

Two

Suspension of bylaws is an extraordinary action that is not found in most church bylaws, but it is important to confirm that this is the case.

Three

If your church bylaws allow for their own suspension, then be sure to comply with any procedural requirements. For example, the bylaws of some public charities and for-profit corporations provide for their own suspension, but they typically require a super-majority vote, such as two-thirds or three-fourths of the members present.

Four

Many churches have adopted the current version of Robert’s Rules of Order as their official body of parliamentary procedure governing church business meetings. Section 25 of Robert’s Rules of Order states: “Rules contained in the bylaws (or constitution) cannot be suspended no matter how large the vote in favor of doing so or how inconvenient the rule in question may be unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a [procedural] rule of order.” For churches that have not formally adopted any body of parliamentary procedure, Robert’s Rules of Order is persuasive authority. Section 2 of Robert’s Rules of Order states: “Although it is unwise for an assembly or a society to attempt to function without formally adopted rules of order, a recognized parliamentary manual may be cited under such conditions as persuasive.”

Five

Some corporations have amended their bylaws to remove a provision authorizing their suspension. One common reason for doing so is that a provision authorizing bylaw suspension is anti-democratic. That is, the bylaws are adopted by the corporate membership following an intensive period of drafting and consideration. Permitting this fundamental legal document, or a provision therein, to be suspended by a specified percentage of members present at an annual or specially called meeting of the members typically will result in a relatively small minority of the total membership dictating a suspension of the bylaws.

Six

Churches that choose to provide for the suspension of their bylaws can limit potential problems by requiring a super-majority vote and by limiting the suspension option to specific bylaw articles or sections.

Seven

In a famous case, Supreme Court Justice Oliver Wendell Holmes noted that “hard cases make bad law.” The point being that bad precedents often result from difficult circumstances. Churches that feel compelled to suspend their bylaws, even when legally authorized, may end up regretting doing so. At a minimum, they will be establishing a precedent that may be referenced on many future occasions whenever an emergency arises. The very concept of corporate bylaws being subject to suspension is at odds with the fundamental nature of bylaws as a set of rules governing corporate practice and administration. In one sense, the bylaws are the one document that protects a church against anarchy. Any compromise to the stability of a church’s bylaws raises the potential for future problems.

Eight

Bylaws typically provide for their own amendment. In many cases, bylaw amendments take effect immediately. Bylaw amendments should be viewed as an alternative to bylaw suspension.

Nine

Proper drafting of bylaws often can avoid the clamor for their suspension that may arise out of temporary emergencies. Church leaders should periodically have their bylaws reviewed by legal counsel.

Ten

Suspending the bylaws, when not authorized, will result in a “cloud” over the integrity and legitimacy of whatever action is taken while the bylaws are suspended.

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

Church Employee Privacy: Legal Boundaries for Phones, Emails, and Computers

Churches must navigate complex legal and ethical issues when accessing employee phone calls, emails, and computer files. Learn how federal laws like the Wiretap Act, state privacy laws, and best practices affect workplace monitoring in ministry settings.

Last Reviewed: June 13, 2025

A difficult situation can arise when church staff members misuse electronic devices provided by the church.

These situations raise critical questions for churches:

  • Do churches have the right to access employee computers and telephone calls?
  • What are the risks if they do?

The Reality of the “Electronic Workplace”

Most pastors and employees work in an electronic environment using church-provided:

  • Computers (often with internet access)
  • Cell phones

This raises important privacy issues.
Can a church access a pastor or employee’s church-provided computer or telephone without notice or consent?

Let’s look at two real-world examples:


Example 1: Unauthorized Computer Access

  • Pastor Dave, an associate pastor, leaves for vacation.
  • The senior pastor, looking for a letter, accesses Pastor Dave’s computer and finds pornographic images on it.
  • The board terminates Pastor Dave’s employment.
  • Pastor Dave claims his privacy rights were violated by the unauthorized search.

Example 2: Overhearing a Phone Call

  • Pastor Scott, a youth pastor, is overheard on a church telephone by a secretary.
  • The secretary hears him engaged in a “romantic” conversation with someone other than his wife.
  • Pastor Scott admits the conversation occurred but claims his privacy was violated.

What Privacy Rights Exist?

Can a church dismiss an employee for what it discovers on a church-provided device or phone?
The answer lies in several important federal laws—and how carefully the church operates within them.


The Electronic Communications Privacy Act (Wiretap Act)

The Wiretap Act prohibits the intentional interception of:

  • Wire communications (like telephone calls)
  • Oral or electronic communications

However, there’s an important “business extension” exemption.
Churches may legally intercept calls if:

  1. The telephone equipment was provided by a communications provider or properly connected.
  2. The device was used in the ordinary course of business.

Why “Ordinary Course of Business” Matters

  • If the call is business-related, monitoring may be legal.
  • If the call is personal, monitoring is probably not legal.

Key Problem for Churches:
Most churches allow occasional personal calls, even when policies discourage them.
If personal calls are allowed, claiming calls are always “business” becomes much harder.

Bottom line:
If a church staff member picks up a phone and hears a personal call, they must immediately hang up.
Continuing to listen could expose both the individual—and the church—to criminal and civil liability.


How Courts Have Interpreted the Wiretap Act

Court Example 1: Listening to a Personal Call

  • A supervisor overheard an employee discussing a job interview.
  • The court ruled the monitoring violated the Wiretap Act.
  • Employers must stop listening as soon as they realize a call is personal.

Court Example 2: Recording Employee Phone Calls

  • A business owner recorded 22 hours of an employee’s calls to catch theft.
  • The court ruled this exceeded the “ordinary course of business.”
  • Even if suspicions are legitimate, over-monitoring violates employee privacy rights.

Consent: A Key Defense for Churches

The Wiretap Act allows interception of communications with employee consent.
Churches can protect themselves by:

  1. Adopting a written policy informing employees that calls may be monitored.
  2. Explaining the policy to new hires.
  3. Obtaining signed consent from employees.
  4. Posting reminders on phone directories and telephones.

Important:
For current employees, a consent policy may not bind unless they receive something of value (like a raise) in exchange for agreeing.
Consult a local attorney for proper implementation.


The Stored Communications Act

The Stored Communications Act prohibits unauthorized access to:

  • Electronic communications while in storage (such as personal email stored on external servers).

Key Point for Churches:
Accessing emails stored locally (on a church computer or server) typically does not violate the Act.
However, accessing an employee’s personal email account without consent could violate the Act—and may also trigger invasion of privacy claims.

Best practice:
Consult an attorney before accessing employee emails.


Don’t Forget About State Privacy Laws

Many states have their own electronic privacy laws that:

  • Prohibit or limit monitoring calls or accessing electronic communications.
  • May impose stricter rules than federal law.

Church leaders must check both state and federal laws before monitoring employees.


Invasion of Privacy: Another Legal Risk

Invasion of privacy is a separate legal concept from the Wiretap or Stored Communications Acts.

It occurs when:

  • Someone intrudes on private matters.
  • The intrusion is highly offensive to a reasonable person.

Examples of intrusion:

  • Eavesdropping on private calls
  • Searching private emails
  • Accessing private files (such as bank statements or personal mail)

Even if no federal or state law is technically broken, churches could still be sued by an employee for invasion of privacy.


Final Takeaways for Church Leaders

Before accessing an employee’s phone calls, computer files, or emails:

  • Ensure you have legal justification.
  • Obtain employee consent in writing whenever possible.
  • Hang up immediately if you overhear a personal conversation.
  • Consult legal counsel before taking any action that could expose the church to liability.

Navigating employee privacy issues carefully will protect your church—and ensure that any discipline taken is both fair and legally sound.

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

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

Church Liability and ‘Negligent Selection’

Is a church leader liable for not screening someone they know?

Last Reviewed: February 13, 2025

Q: If a pastor does no screening for persons he knows personally, has he exposed the church to a risk of liability?


Negligent selection

When hiring anyone, you should be familiar with the legal principle of negligent selection. The term negligence means carelessness or a failure to exercise reasonable care. Negligent selection, then, means carelessness or a failure to exercise reasonable care in the selection of a worker. Consider the following examples:

Example. A church allows Bob to serve as a Sunday School teacher in a 3rd grade class despite its knowledge that Bob engaged in inappropriate sexual relations with a child in another church. The senior pastor wants to give Bob a “second chance.” Six months after being hired, a parent alleges that Bob molested her adolescent daughter. The church is later sued by the victim and her mother, who allege that the church is responsible for Bob’s misconduct on the basis of negligent selection.

Example. A youth pastor asks a church member if she would drive several members of the church youth group to an activity. The member agrees to do so. While driving to the activity, the member is involved in an accident while driving at an excessive rate of speed. Some of the children are injured. Parents later learn that the driver had a suspended driver’s license as a result of numerous traffic violations. No one at the church was aware of the member’s driving history, and no one ever attempted to find out. The church is later sued by two of the families, who allege that the church is responsible for the driver’s actions on the basis of negligent selection.

These examples illustrate how a church’s negligence in the selection of a worker can lead to liability. It is important to recognize that churches are not automatically liable for every injury that occurs on their premises or in the course of their activities. Generally, they are responsible only for those injuries that result from their negligence. It is therefore essential for churches to exercise reasonable care in the selection of workers to reduce the risk of liability based on negligent selection. Here are some practical ways that this risk can be managed:

Reasonable care

Churches must exercise reasonable care in the selection of youth and children’s workers in order to avoid potential liability based on negligent selection. Churches can significantly reduce the risk of such incidents by taking a few simple precautions, including the following:

Every applicant for youth or children’s work completes a written application form.

At a minimum, the application should ask for the applicant’s name and address, the names of other youth-serving organizations in which the applicant has worked as an employee or volunteer, a full explanation of any prior criminal convictions, and the names of two or more references.

If an applicant is unknown to you, confirm his or her identity by requiring photographic identification (such as a state driver’s license). Child molesters often use pseudonyms.

Obtain a reference from each organization in which the applicant previously worked with minors (other churches, Boy Scouts, coaching, private schools, etc.).

If you do not receive back the written reference forms, then contact the references by telephone and prepare a written memorandum noting the questions asked and the reference’s responses.

Conduct a criminal records check.

There are many kinds available (county, state, and national). For persons who have lived and worked in your state for many years, a state check may be appropriate. For those who have lived in more than one state over the past few years, a national check (or multiple state checks) may be indicated. Many states have online “sex offender registries” that can be checked by anyone at little or no cost. These should always be checked. You may need an attorney to assist you in evaluating the relevance of certain crimes that are disclosed during a records check.

Applicants should be interviewed.

This will provide the church with an opportunity to inquire into each applicant’s background and make a determination as to each person’s suitability for the position under consideration.

Church leaders often “err on the side of mercy” when making employment decisions. This attitude can contribute to a negligent selection claim—if a church gives an applicant a “second chance” despite knowledge of prior sexual misconduct, and the conduct is repeated. What the church views as mercy may be viewed as negligence by a jury.

Drivers

Negligent selection claims are not limited to cases involving sexual misconduct. They can arise anytime that a church’s failure to exercise reasonable care in the selection of an employee or volunteer leads to a foreseeable injury.

A common example is the selection of persons as drivers to transport children or youth.

For example, if a church uses a driver with a suspended drivers license, or with a history of traffic offenses, then it may be responsible on the basis of negligent selection for injuries caused by the driver’s negligence.

To reduce the risk of liability in this context, churches should refrain from using any driver without taking the following steps:

Obtain driver information

Have each prospective driver complete an application form that asks for the person’s driver’s license number, type of driver’s license and expiration date, a description of any driving restrictions, and a history of traffic accidents and moving violations.

Check driving records

Ask the church’s liability insurance carrier to check on the individual’s driving record. Often, insurance companies will perform this task if requested, at no charge. The insurance company should be asked to update its research on all drivers of church vehicles periodically, to screen out persons with a recent history of unsafe driving.

Cull unsafe, negligent drivers

Discontinue using any driver if reports are received that he or she is operating a church vehicle in a negligent manner. Fully investigate such reports, and do not use the individual again unless the investigation clearly demonstrates that the complaints were without merit.

If the prospective driver is a new member, then ask for the names and addresses of other churches in which he or she has worked as a driver. Contact those churches and ask if they are aware of facts that would indicate the individual should not be used as a driver. Make a written record of such contacts.

Periodically invite a local law enforcement officer to speak to all drivers concerning safety issues.

Require all drivers to immediately inform the church of any traffic convictions.

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

Polygraph Testing and Church Employees: Understanding Legal Restrictions

Church leaders may consider polygraph testing when dealing with staff misconduct, but federal law imposes strict limits. Learn how the Employee Polygraph Protection Act applies to churches, key exemptions, and legal best practices.

Last Reviewed: January 29, 2025

Church leaders should be familiar with the main provisions of the federal Employee Polygraph Protection Act, since this law may impact churches in some situations. Consider the following:

Application.

The Act applies to every employer engaged in interstate commerce (regardless of the number of employees). The Act contains no special rules or exceptions for religious organizations.

Definitions.

A lie detector includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or similar device (whether mechanical or electrical) used to render a diagnostic opinion as to the honesty or dishonesty of an individual.A polygraph means an instrument that records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory and electrodermal patterns as minimum instrumentation standards and is used to render a diagnostic opinion as to the honesty or dishonesty of as individual.

Prohibitions.

An employer shall not:

  • Require, request, suggest or cause an employee or prospective employee to take or submit to any lie detector test.
  • Use, accept, refer to, or inquire about the results of any lie detector test of an employee or prospective employee.
  • Discharge, discipline, discriminate against, deny employment or promotion, or threaten to take any such action against an employee or prospective employee for refusal to take a test, on the basis of the results of a test, for filing a complaint, for testifying in any proceeding or for exercising any rights afforded by the Act.

Exemptions.

Most government agencies are exempted from the Act. The Act also contains limited exemptions where polygraph tests (but no other lie detector tests) may be administered in the private sector, subject to certain restrictions. These include polygraph tests given to employees who are reasonably suspected of involvement in a workplace incident that results in economic loss to the employer and who had access to the property that is the subject of an investigation.

Key point. Under the exemption for ongoing investigations of work place incidents involving economic loss, a written or verbal statement must be provided to the employee prior to the polygraph test which explains the specific incident or activity being investigated and the basis for the employer’s reasonable suspicion that the employee was involved in such incident or activity.

Posters.

Federal regulations specify that “every employer subject to the [Act] shall post and keep posted on its premises a notice explaining the Act …. Such notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.” A free copy of the required notice can be obtained from the nearest office of the U.S. Department of Labor, Wage and Hour Division, or by visiting the DOL website (www.dol.gov/esa).

The official poster states, in part:

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

PROHIBITIONS

Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act.

EXEMPTIONS

The Act permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer.

EXAMINEE RIGHTS

Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons.

Key point. The Employee Polygraph Protection Act contains no special rules or exceptions for religious organizations, and so the official poster can be used without modification. However, the courts have not addressed the question of whether the Act applies to ministers. For this reason, churches may want to add the following wording to the official poster: “This poster does not take into account the special rules that may apply to ministers.”

Qualifications of examiners.

A polygraph examiner is required to have a valid, current license if the state requires it. The examiner must maintain a minimum of $50,000 bond or professional liability coverage.

Key point. Where polygraph examinations are permitted under the Act, they are subject to strict standards concerning the conduct of the test, including the pre-test, testing and post-test phases of the examination.

Employee rights.

Civil actions may be brought by an employee or prospective employee in federal or state court against employers who violate the Act for legal or equitable relief, such as employment reinstatement, promotion, and payment of lost wages and benefits. The action must be brought within three years of the date of the alleged violation.

Conclusion.

Many church leaders have been confronted with accusations of serious wrongdoing by a staff member. When the staff member denies any wrongdoing, church leaders may be tempted to suggest a polygraph. Such a suggestion should never be made without first obtaining legal counsel. This is because the suggestion that a staff member prove his or her innocence via polygraph examination violates the Act. And violating the act exposes the church to potential liability, unless an exemption clearly applies.

This article first appeared in Church Finance Today, April 2008.

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

A Part-Time Pastor Wants His Entire Salary Designated as a Housing Allowance

Understand the IRS rules for housing allowances and W-2 forms for part-time pastors with fully designated salaries.

Last Reviewed: January 20, 2025

Q: We have a part-time associate pastor who has asked the church to designate his entire salary as a housing allowance. Do we need to issue him a W-2 form at the end of the year reporting no income?


Understanding Housing Allowances for Part-Time Pastors

This is a surprisingly complex question. The issue stems from amendments to section 6051 of the federal tax code and how it applies to churches. Historically, churches were not required to issue W-2 forms to pastors because their wages are exempt from tax withholding. However, in 1974, Congress enacted the Employee Retirement Income Security Act (ERISA), which introduced new reporting requirements that apply to churches and their employees.

IRS Requirements for Housing Allowance Designations

The 1974 amendment to section 6051 of the tax code states: “Every employer engaged in a trade or business who pays remuneration for services performed by an employee, including noncash payments, must file a Form W-2 for each employee.” This language implies that churches must issue W-2 forms to ministers, even if all of their income is designated as a housing allowance and no taxes are withheld.

However, this requirement raises a practical question: What purpose does it serve to issue a blank W-2 form with no wages or withholdings reported? The W-2 form’s primary purpose is to report wages and withholdings to ensure accurate tax reporting. Submitting a blank form may not align with this purpose, but it does not necessarily relieve churches of the obligation to issue one.

IRS Guidance: Revenue Ruling 2000-6

In 2000, the IRS addressed a similar issue involving election workers. Election workers typically receive small fees for their services, and the IRS concluded that section 6051 does not require reporting compensation that is not subject to withholding for income tax or FICA taxes. The ruling stated:

“Section 6051 requires reporting of compensation subject to either FICA tax or income tax withholding. No reporting is required for items of income that are not subject to withholding of FICA tax or income tax.”

This ruling suggests that a church may not be required to issue a W-2 form to a part-time pastor whose entire income is designated as a housing allowance.

Best Practices for Churches

To ensure compliance and avoid confusion, churches should consider the following steps:

  • Consult a tax professional or attorney familiar with clergy tax laws to confirm whether a W-2 form is necessary for a pastor with no taxable income.
  • If issuing a W-2 form, include the pastor’s name and Social Security number but leave boxes for income and withholdings blank if the entire salary is designated as a housing allowance.
  • Maintain clear documentation of the housing allowance designation in board minutes or a formal resolution.
  • Contact the IRS for clarification on reporting requirements using their centralized call site at 1-866-455-7438, available Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern Time.

FAQ: Housing Allowances for Part-Time Pastors

1. Can a pastor’s entire salary be designated as a housing allowance?

Yes, as long as the designated amount does not exceed the pastor’s actual housing expenses or the fair rental value of the home, including utilities and furnishings.

2. Do churches need to issue a W-2 form if a pastor’s entire salary is a housing allowance?

The IRS may not require a W-2 form in this scenario, based on Revenue Ruling 2000-6. However, it’s advisable to consult with a tax professional to confirm.

3. What documentation should the church maintain for housing allowances?

Churches should record housing allowance designations in board meeting minutes or a formal resolution before the allowance is paid.

4. What happens if the pastor’s housing allowance exceeds actual expenses?

Any portion of the housing allowance that exceeds the pastor’s actual housing expenses must be reported as taxable income on their personal tax return.

For more information, visit IRS.gov or consult a tax advisor experienced in clergy tax matters.

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

Inspecting Church Contribution Records: Key Considerations for Pastors and Boards

Key considerations for pastors and church boards when inspecting member contribution records.

Last Reviewed: January 18, 2025

Q: Can a senior pastor and members of the church board inspect the contribution records of each member?


Understanding the Controversy

This is a controversial question. Here are five critical factors to consider:

1. Purpose of Inspecting Contribution Records

Why would a pastor and church board want to inspect contribution records? One common reason might be to enforce a bylaw requirement that members in good standing “tithe” or make a specified financial commitment to the church. However, many church bylaws ambiguously require members to “support the church financially,” which may not justify accessing individual contribution records.

2. Privacy and Relationship Concerns

Many pastors prefer not to see donor records to avoid influencing their relationships with individual members. While nonprofit corporation statutes in most states allow members of incorporated churches to inspect corporate records, individual donor records are typically excluded.

In a notable case, the Texas Supreme Court ruled that nonprofit corporation laws do not grant the right to inspect donor contribution records. The court clarified that the intent of such laws is to ensure transparency in expenditure accountability rather than disclose donor identities. Additionally, forcing disclosure of donor lists could violate the First Amendment’s freedom of association.

4. Liability Risks

If a state’s nonprofit corporation law does not explicitly authorize pastors or boards to inspect individual contribution records, doing so could expose the church to liability for invasion of privacy. Although this risk is remote, it should not be dismissed outright.

5. Governing Documents and Membership Requirements

The final consideration lies in the church’s governing documents. If bylaws mandate a specific financial commitment, there is a stronger justification for inspecting contribution records to enforce membership requirements. However, enforcing such requirements may necessitate reviewing members’ tax returns—an invasive and controversial action that most churches would avoid.

Best Practices for Churches

Churches should carefully weigh the implications of inspecting contribution records. Unless a clear financial requirement is outlined in the bylaws, pastors and boards should refrain from accessing individual records. Protecting donor privacy and maintaining trust are paramount for fostering a positive church community.

FAQs About Inspecting Church Contribution Records

  • Can pastors access contribution records? Most states do not grant pastors the right to inspect donor records unless explicitly allowed by church bylaws.
  • What are the risks of inspecting records? Potential risks include liability for invasion of privacy and damage to trust within the congregation.
  • How should churches handle financial bylaws? If financial commitments are required, ensure clear documentation in the bylaws and prepare for potential controversies.
  • Can donor privacy be legally protected? Yes, courts have upheld donor privacy protections under nonprofit corporation laws and the First Amendment.

For further guidance, consult legal counsel to align your church’s practices with state laws and best practices for financial stewardship.

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

Are Churches Automatically Tax-Exempt?

Are churches automatically tax-exempt? Discover the requirements and benefits of formal IRS recognition for churches.

Last Reviewed: January 21, 2025

Q: I am confused about our church’s tax-exempt status. Are we required to apply to the IRS for recognition of exemption, or are we automatically exempt because we are a church?


Are Churches Automatically Exempt?

Churches that meet the requirements of section 501(c)(3) of the federal tax code are automatically considered tax-exempt. They are not required to apply for recognition of tax-exempt status from the Internal Revenue Service (IRS). To qualify, churches must satisfy the following five requirements:

  • A church must be organized exclusively for exempt purposes.
  • A church must be operated exclusively for exempt purposes.
  • None of a church’s resources can “inure” to the benefit of a private individual, except for reasonable compensation for services performed.
  • The church may not engage in substantial efforts to influence legislation.
  • The church may not intervene or participate in any political campaign on behalf of or in opposition to a candidate for public office.

Why Seek IRS Recognition of Tax-Exempt Status?

Although applying for formal recognition is not required, many churches choose to do so. Official IRS recognition offers several advantages, including:

  • Reassurance for church leaders, members, and contributors that the church qualifies for tax-exempt status.
  • Confirmation for contributors that their donations are generally tax-deductible.

To apply for recognition, most organizations submit IRS Form 1023. However, churches that meet the five requirements above are exempt from this requirement.

Group Rulings for Affiliated Churches

If a church is affiliated with a parent organization that holds a group ruling, it may already be recognized as tax-exempt. Under the group exemption process, the parent organization submits updates to the IRS that list affiliated churches or organizations.

In such cases, the church does not need to apply for individual recognition. Instead, the parent organization provides updates on additions, deletions, and changes to the group.

Additional IRS Resources

For further details, visit the IRS page on churches, integrated auxiliaries, and conventions or associations of churches.

FAQs About Church Tax-Exempt Status

  • Do churches automatically qualify for tax exemption? Yes, churches that meet the 501(c)(3) requirements are automatically exempt from federal income taxes.
  • What are the benefits of applying for IRS recognition? It provides assurance to contributors and simplifies access to other tax benefits.
  • What is a group ruling? It allows a parent organization to include affiliated churches in its tax-exempt status.
  • Do churches need to file Form 1023? No, churches meeting the five requirements are exempt from this filing.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Top 10 Documents for Church Leaders

They’re more important than you think.

From articles of incorporation to your church’s deed, these documents should be present and accounted for.

1. Articles of incorporation

Also called the church’s charter, the articles of incorporation is a short document that contains the church’s:

  • name
  • address
  • period of duration
  • initial board of directors
  • statement of purposes

Why it’s so important.

The charter is the most authoritative legal document that a church has. In the event of a conflict between the charter and any other legal document, the charter will control. Be sure you are well-versed on your church’s charter.

2. Corporate annual reports

In many states, incorporated churches are required to file an annual report with the Secretary of State. This is a simple form that takes only a few minutes to complete.

What if we don’t file one?

Failure to file can jeopardize a church’s corporate status; and this can expose church members and board members to personal liability. Churches should maintain a full set of all corporate annual reports filed with the Secretary of State’s office.

3. Constitution or bylaws

This is an essential document that contains most of a church’s rules of internal administration.

At a minimum, church bylaws should cover:

  • The qualifications, selection, and expulsion of members
  • The time and place of annual business meetings
  • The calling of special business meetings
  • Notice for annual and special meetings
  • Quorums
  • Voting rights
  • Selection, tenure, and removal of officers and directors
  • Filling of vacancies
  • Responsibilities of directors and officers
  • The method of amending the bylaws
  • The purchase and conveyance of property

4. Financial records

It is your responsibility to ensure that appropriate safeguards are implemented with regard to the handling of contributions, that cash and expenses are properly recorded and presented in the church’s financial statements, and that the church is properly receipting donors for their contributions.

You should be reviewing the finances of the church at each board meeting, and asking questions about anything that you don’t understand or that seems irregular.

5. List of members

Many churches have bylaw provisions that call for the periodic review of the membership list, to be sure that it is up to date.

  • Do your church bylaws contain such a provision?
  • How recently did you review and update your membership list?
  • Are you familiar with the procecdure and grounds for removing members from this list?
  • Church administrators and board members—especially treasurers—should be able to answer these questions.

6. Minutes of membership meetings and board and committee meetings

Your church should keep records of all annual business meetings and any special meetings. The church should maintain a complete set of minutes of board and committee meetings.

7. Insurance policies

Do you know where your church’s insurance policies are maintained? Are you familiar with the terms of your policies? It is essential to know how much coverage your church has.

8. Tax records

These will include payroll tax forms, housing allowance designations for your pastors, contribution records, and any other forms you have filed with the federal government or with your state or local government.

9. Employment records

These include applications for employment, reference checks, information concerning disciplinary actions, the I-9 immigration form that all employers, including churches, must maintain for each new employee, and any other document relating to your employees.

10. Deeds

You should not only know where to find the deed to your church property, you should review it—especially if if it’s going up for sale or could be going up for sale.

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

Severance Agreements for Church Employees: Key Considerations

Churches have flexibility in determining severance pay, but legal and financial factors must be considered. Learn how to structure severance agreements, mitigate legal risks, and ensure compliance with tax laws.

Last Reviewed: January 29, 2025

Q: We are considering the dismissal of an employee, and would like to enter into a severance agreement with her. Do you have any guidelines on how much severance pay should be considered?


That’s entirely up to you. There are no definitive standards. The amount of severance pay is often expressed in terms of a specified number of weeks of salary and benefits. It should be discussed openly with the employee, and a mutually acceptable number of weeks should be chosen.

Higher paid employees will receive greater severance benefits because of their higher rate of pay. Other important factors to consider are:

1. Whether the employee is a member of a protected class under an applicable state or federal discrimination law. If so, be prepared to agree to a higher amount in order to avoid a possible discrimination claim under state or federal law that could result in a protracted legal dispute.

2. The likelihood the employee would pursue a legal claim against the church.

3. Whether the church has employment practices insurance coverage that would provide a legal defense, and indemnification, in the event of a lawsuit. Many churches do not have insurance for employment practices, meaning that the church would be responsible for retaining and compensating its own attorney in the event of a claim of discrimination. In some cases, this can result in a substantial, and unbudgeted, expense to the church.

4. The results of the employee’s last several job performance evaluations. If they are all average or above average, this is a strong incentive to resolve any potential claims by entering into a severance agreement. If a severance agreement is not signed, and the employee sues the church, those average or above average job evaluations will be compelling evidence that the church did not have any job-related reason for dismissing the employee. The implication is that the church’s decision to terminate the employee was a product of unlawful discrimination.

5. Congress added section 409A to the tax code in 2004 in response to public outrage over the Enron scandal. Section 409A imposes strict new requirements on most nonqualified deferred compensation plans (NQDPs). In 2007, the IRS published final regulations interpreting section 409A. The final regulations define a NQDP broadly to include any plan that provides for the deferral of compensation. This definition is broad enough to include severance agreements and many other kinds of church compensation arrangements. Any church that is considering a severance agreement with a current employee (or any other arrangement that defers compensation to a future year) should contact an attorney to have the arrangement reviewed to ensure compliance with both section 409A and the final regulations. Such a review will protect against the substantial penalties that the IRS can assess for noncompliance. It also will help clarify if a deferred compensation arrangement is a viable option in light of the limitations imposed by section 409A and the final regulations.

6. Of course, it is important for an attorney to draft any severance agreement to be sure that it will be legally enforceable, and complies with all applicable laws.

The editorial team of Church Law & Tax is made up of Matthew Branaugh, attorney-at-law, and Rick Spruill, digital content manager.
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Managing Risk When Choosing Young People To Help With Church Childcare

No, but the younger the worker, the more supervision required.

Last Reviewed: February 13, 2025

Q: We have a child protection policy in place but I am running into a major problem with the fact that we have stated an age for our workers as 18 years. I am having a very difficult time filling all the areas needed with this age requirement. We are looking at rewording our policy to fit the needs of the church. My question is what is the legal age or is there one for child care workers?


Using children’s workers who are under 18 years of age is a common church practice. However, note the following considerations:

The younger the worker, the greater the risk

A church must exercise reasonable care, some courts have said a “high” degree of care, in the selection and supervision of children’s workers. Obviously, using workers who are 10 years of age in a church nursery will expose the church to greater risk than using someone who is 17.

Adult supervision is essential

It is imperative that at least one adult be present at all times if minors are used as volunteer workers in any program or activity involving minors. Ideally, two adults should be present, so that if one of them must be absent temporarily, the other will be there.

Have a clear and reasonable standard of care

If a minor is injured, the church may be legally responsible on the basis of negligence if the injury resulted from the church’s failure to exercise a reasonable degree of care in the selection or supervision of its workers. Courts often look to the practices of local charities, and sometimes national charities, in establishing a reasonable standard of care. As a result, it is often helpful for church leaders to contact other youth-serving charities in the area to ascertain their practices and policies on specific issues. Using local affiliates of national charities is the best practice. I

Carefully screen all workers

How is this done? You obviously cannot perform criminal records checks on persons under 18 years of age, and even for persons who are 18 or 19 a criminal records check will have limited significance. You really need to approach the screening of adolescents in a different manner. Let me suggest two options.

  1. Get two or three reference letters from persons who have seen the applicant interact with other minors (this would include church workers, coaches, school teachers, scout leaders, etc.). The bottom line is that you cannot conduct criminal records checks on such persons, but you must take other steps to demonstrate reasonable care.
  2. Contact local youth-serving charities such as the public school district, Boy/Girl Scouts, YMCA, Boys/Girls Clubs, etc. and ask them what screening they use for adolescent workers. Be sure to make a record of each contact. Taking these steps will reduce your legal liability.

Understand applicable wage and labor laws

If you compensate minors who work with children in your church, then you need to be aware that you may need to pay them the minimum wage (under state or federal law, whichever is greater), and that state or federal child labor laws may apply. Both of these issues need to be carefully addressed to ensure compliance with the law.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.
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Are Oral Pledges Legally Enforceable?

Discover how oral pledges to churches can be legally enforceable under certain conditions and what church leaders should consider.

Last Reviewed: January 24, 2025

Can oral pledges to churches be legally enforced? The answer varies by state, but understanding the legal principles can help church leaders navigate these situations effectively. Here’s what you need to know:

Defining Charitable Subscriptions

An oral or written promise to give funds or property to a charitable organization, such as a church, is often referred to as a “charitable subscription.” These are generally evaluated under contract law principles, requiring a clear promise and acceptance.

When Are Oral Pledges Enforceable?

In states like Iowa, oral pledges can be enforceable without requiring consideration (something of value in return) or detrimental reliance (actions taken based on the promise). Courts may enforce pledges if:

  • The pledge is a definite promise, not just a statement of intent.
  • The organization accepts the pledge, often demonstrated by beginning the related project.

Case Study: Iowa Appeals Court Ruling

An Iowa court upheld an oral pledge to a church based on these principles. The pledgor expressed a commitment to fund church improvements, and the church began work in reliance on this promise. The court ruled the pledge enforceable, citing “clear and convincing evidence” of intent and acceptance.

Other States’ Requirements

In some states, additional requirements may apply:

  • Consideration: The donor must receive something of value in return for the pledge.
  • Detrimental Reliance: The organization must demonstrate reliance on the pledge to its detriment, such as beginning a construction project.

Examples of Enforceable Pledges

Case Study: New York Synagogue

A New York court enforced synagogue dues pledges, citing detrimental reliance. The synagogue entered contracts based on the pledges, making them legally binding.

Case Study: Georgia Church

A Georgia court upheld a $25,000 pledge tied to a property sale, as the promise was part of the contractual consideration for the transaction.

Practical Tips for Church Treasurers

While churches rarely pursue legal action to enforce pledges, understanding these principles can help in discussions with donors. Consider these best practices:

  • Document all pledges clearly in writing when possible.
  • Ensure that any verbal commitments are confirmed and accepted before significant action is taken.
  • Consult with legal counsel when dealing with complex or high-value pledges.

Conclusion

Oral pledges can be enforceable under specific circumstances, but the laws vary by state. Church leaders and treasurers should carefully document and manage pledges to avoid disputes and ensure clarity.

FAQs: Legally Enforceable Oral Pledges

  • Q: Are oral pledges enforceable everywhere?
    A: No, enforceability depends on state laws and whether the pledge meets legal criteria such as definiteness or reliance.
  • Q: What is detrimental reliance?
    A: It occurs when a church takes action, like starting a project, based on a donor’s pledge.
  • Q: Should pledges always be in writing?
    A: While oral pledges can be enforceable, written pledges provide clarity and reduce disputes.
  • Q: Can a church sue a member for a pledge?
    A: While legally possible in some cases, this is rarely done due to ethical and relational considerations.

This article first appeared in Church Treasurer Alert, July 2007.

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

Is Childcare a Safe Option For Church Home Groups?

Potential risks for in-home small group gatherings.

Q: Our church has several small groups that meet in members’ homes. Child care is provided in some of the homes for the children of parents who attend. Does this arrangement expose our church to liability?


The fact that the church is promoting these small group meetings exposes it to potential liability for injuries that occur to children who are being supervised. Those injuries may arise in a number of ways, and could include child molestation by a volunteer worker, parent, or an older child; personal injuries occurring during games, “horseplay,” or fighting; choking; or poisoning. All of these risks can be greatly reduced if a church adopts certain safeguards, including the following:

Use at least two volunteer workers to oversee the children.

One worker is unacceptable. If only one worker shows up for a particular meeting, then a member of the small group will have to assist in the supervision of children, or the meeting must be canceled.

Segregate the children into different groups.

Does this based on age, if possible, with two volunteer workers in each group (risks increase dramatically if “power inequity” exists, such as older children being grouped together with preschoolers).

Volunteer workers should be adults.

The risk of injury and molestation increases moderately if one adult and one adolescent worker are used together; and the risk increases dramatically if only minors are used to supervise children. One obvious solution is to have parents themselves take turns serving as supervisors for the children.

Volunteer workers must be screened (application, reference checks, criminal records check).

Keep areas safe

If young children (preschoolers) are present, the area where they will be supervised should be thoroughly inspected prior to each meeting to remove any toxic or dangerous substances or devices.

Individual members of the small group should make unannounced and periodic visits to the area where children are being supervised.

Foster a ‘see something, say something’ approach

Older children should be encouraged to report any inappropriate behavior that occurs during these meetings.

No solo restroom breaks

Restroom breaks present a significant risk. Appropriate safeguards will depend on the layout of the home and the age of the children. Children must not be allowed to wander off to a restroom alone, or with one or more older children. The best practice would be to contact parents and have them escort their child to the restroom. Most other responses will create unacceptable risks. Some cases of child molestation occurring in private homes during small group meetings have involved children wandering off to unsupervised areas of the home.

    There have been cases of children being sexually molested, or injured, during small group meetings in members’ homes, so this is a risk that churches must take seriously. Safeguards must not be viewed as “nuisances” to be ignored, but rather as essential measures to ensure the safety and well-being of vulnerable children. If meaningful and effective precautions cannot be implemented, then the church has no alternative but to discontinue child care at these meetings.

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