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Understand Church Payroll
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Tax Helps
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Commercial Helps Church & Clergy Guide by R. Hammar (1-800-222-1840)
Minister’s Tax & Financial Guide by D. Busby Church and Nonprofit Organization Tax & Financial Guide by D. Busby Church Law and Tax Report (bimonthly) Church Finance (bimonthly)
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Helpful Internet Addresses
Christian Ministry Resources – NACBA – American Payroll Assoc.: What’s New State links – Tax Wire – Federal and State Links –
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Tax Helps From IRS Publication 969
-HSAs & Other Tax-Favored Health Plans Publication 517 -Social Security and other information for clergy Publication 1828 -Addresses all forms that tax-exempt people need Publication 526 and 1771 -Charitable Contributions
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Top Tax Mistakes Made by Churches
Improperly classifying employees as self-employed (independent contractors) Failing to furnish a W-2 to each employee (including ministers) and/or a Form 1099-Misc to certain non-employees Failing to include taxable fringe benefits (such as non-accountable expense reimbursements, social security supplements, and “special occasion” gifts) in wages on Form W-2 Including the minister’s housing allowance in wages on Form W-2 Providing contribution receipts to members who donate their services to the church or to other individuals without proper organizational control
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Church Workers Volunteers Minister Employees Non-Minister Employees
Independent Contractors IRS requires nothing 2 Suggestions: 1-Job description 2-Personal reimbursements Form I-9 Form W-4 State New Hire Reporting Form W-2 FICA Tax WH Inc Tax WH Form 1099-Misc
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Employee vs. Independent Contractor
Let’s decide . . .
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20 Factor Employee Test Reports Instructions
Pay by the hour, week or month Business & travel expenses Tools & materials Investment Profit or Loss Work for more than one company at a time Serving the public Right to fire Right to quit Instructions Training Integration Personal service Hiring, supervising & paying assistants Continuing relationship Set hours Full-time work Work on premises Set work order
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Now let’s talk about Minister Employees
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Ministry Credentials General Rule – Ministry Begins with Ordination
Exception Licensed minister who has been granted authority to perform “substantially all” the religious functions of an ordained minister Marriages Funerals Baptisms Communion Preaching
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The Minister’s Dual Tax Status
Pastor and His Taxes The Minister’s Dual Tax Status Income Tax Social Security Tax Employee Self-Employed
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* All employees must be reported.
Check your state for your specific website! Example: Colorado
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Example: Colorado
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What to Report Employee Name Employee Address
Employee Social Security Number AND Employer Name Employer Address Employer Federal Identification Number (FEIN) Additionally, the Colorado State Directory of New Hires encourages employers who report electronically or magnetically to report three additional data elements: Employee Date of Hire Employee Date of Birth Employer Payroll Address (if different employer address)
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First Name, Initial Last Name
xxx-xx-xxxx xxxxxxx xxxxx 84-xxxxxxx Church Name Address City, State, ZIP First Name, Initial Last Name Employee’s Address City, State, ZIP E Annuity C Insurance over $50,000 Always the same Housing Allowance $ XX,XXX CO Your church # xxxxxxxxx -0- Last Name
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Insurance Insurance over $50,000 AGE COST Under 25 $0.05 $0.06 $0.08 $0.09 $0.10 $0.15 $0.23 $0.43 $0.66 $1.27 70 and above $2.06 Church pays for a $100,000 Life Insurance Policy. This is $50,000 of insurance over the norm. $100,000 $(50,000) = $ 50,000 Divided by $1,000 = x Age group 40-44 = $ 5 x = $60
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Annuity An annuity that is a benefit An annuity paid by the pastor.
Two Examples: An annuity that is a benefit An annuity paid by the pastor.
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Accountable Reimbursements
Two Examples: Out of the salary/compensation package. As part of the benefits package.
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Housing Allowance Worksheet Minister’s Housing Expenses Estimation
Pastor’s Name: For the Year: Date Designation Approved: Estimate your allowable housing expenses, which you will be paying directly. Estimated Expenses House Payment (PITI*) or Rental Costs $ Down Payment/Real estate Commission/Costing Fees Homeowner’s /Renter’s Insurance Umbrella Liability Insurance Storage rental fees Structural maintenance and repair Landscaping, gardening and pest control Furnishings (purchase, repair, replacement) Decoration and redecoration Utilities (gas, electricity, water. etc.) and trash collection Local telephone expenses (base charge) Homeowner’s association dues/condominium fees Cleaning materials Cable costs Other housing expenses Total $ *PITI – Principal, Interest, Taxes, and Insurance. Loan payments on home equity loans or second mortgages are only includible to the extent proceeds were used for housing.
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How to figure “Salary” Add In: Non-Accountable Reimbursement Funds
Base Salary Non-Accountable Reimbursement Funds Special Occasion “Gifts” (Christmas) Payment of S.S. taxes by church Payment of car for business use Life Insurance that exceeds $50,000 Pastor’s Discretionary Fund Subtract Out: Housing Allowance Medical Insurance Premiums Tax Scheduled Annuities Accountable Reimbursement Plan
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Now let’s talk about Non-Minister Employees
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Church Workers Volunteers Minister Employees Non-Minister Employees
Independent Contractors Nothing Form I-9 Form W-4 State New Hire Reporting Form W-2 FICA Tax WH Inc. Tax WH Form 1099-Misc
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Check your state for your specific website!
Again, all employees must be reported. Check your state for your specific website! Example: Colorado
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xxx-xx-xxxx xxxxxxx xxxxx 84-xxxxxxx xxxxxxx xxxxx Church Name Address City, State, ZIP xxxxxxx xxxxx First Name, Initial Last Name E Annuity Employee’s Address City, State, ZIP C Insurance over $50,0000. CO Your Church # xxxxxxxxx xxxxx
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84-xxxxxxx Name Address City, State Zip CO XXXXXXX $XX,XXX $XX,XXX.XX
Signature Title Date
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Now let’s talk about Independent Contractors
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Church Workers Volunteers Minister Employees Non-Minister Employees
Independent Contractors Nothing Form I-9 Form W-4 State New Hire Reporting Form W-2 FICA Tax WH Inc Tax WH W-9 Form 1099-Misc
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Form 1099-Misc General Rule Exceptions
Must be filed on every non-employee to whom the church makes aggregate payments totaling $600 for the year Exceptions Attorney fees are always filed on Form 1099 Accountable travel expense reimbursements
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Name of individual or company
Church Name Address City, State, ZIP Phone xx,xxx,xxx.xx - 0 - 84-xxxxxxx xxxxxxxxxx Name of individual or company Street address City, State, ZIP
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xx x Church Name Address City, State XXXXX Douglas B. Lohrey
xx 84-xxxxxxx - 0 - xx,xxx.xx x Sign Title Date
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Now let’s talk about Contributions
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Sample Contribution Policy
Gifts to the church designated for the use of a specific individual or individuals are to be discouraged. Such gifts will not be reflected on the donor’s record of contributions. However, gifts designated to the church benevolence fund, administered by the church benevolence committee, will be reflected on the donor’s record of contributions if no “strings” are attached to the gift. The church will accept most types of non-cash gifts such as corporate stocks, land, furniture, clothes, books, art, etc. A letter from the church will be sent to the donor, acknowledging the date of receipt and providing a brief description of the property or items donated. However, the acknowledgement letter will NOT provide an estimated fair market value of the property donated and neither will the donor’s record of contributions reflect receipt of the non-cash gift. To be included in a given year’s record of contributions, the contributions must be received by December 31, or if mailed, the envelope must reflect a postmark no later than December 31. The value of time or services contributed by an individual to the church will not be valued by the church or posted to the donor’s record of contributions.
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What IS a Designated Contribution?
The church must ordain (set-up) the fund. The individual must give to this ordained fund. The individual then receives a contribution credit.
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What is NOT a Designated Contribution?
The individual cannot just ordain his/her own fund The individual does not get contribution credit in this instance
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The $250 Substantiation Rule §170(f)(8)
The Acknowledgement Must: Be in writing Clearly identify donor by name Give date and amount of each $250 or more donation Describe any non-cash property or “out of pocket” expense with no stated value or amount Provide information on the value of any goods or services (if any) provided by the church in return for the contribution Be furnished “contemporaneously” to the donor
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Definition of a Charitable Deduction §170
A gift of cash or other property Delivered to church before the close of the year No conditions on payment No personal benefit to the contributor Made “to or for the use of” qualified organization Not in excess of the amounts allowed by law Subject to substantiation
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The Property Disposition Rule – §6050L
Applies to Disposition of Donated Non-Cash Property (except publicly traded stock) valued at $5,000 or more Sold or Exchanged Within 3 years of receipt Form 8282 due to IRS within 125 days of disposition – copy to donor For the donor to get tax credit, a church employee must sign the 8283
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The Vehicle Donation Acknowledgement Rule
Effective January 1, 2005 Applies to donation of cars, boats, and aircraft valued over $500 General Rule – Donors deduction is limited to gross proceeds from sale by church
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The Vehicle Donation Acknowledgement Rule
Exceptions to General Rule -Allows donor to claim fair market value of vehicle, even if: Church gives the vehicle to needy individual Church sells the vehicle to a needy individual at a significantly below-market price Church makes significant intervening use of the vehicle prior to sale Church makes material improvement to the vehicle prior to sale
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How to receive/deal with an offering
Receive the offering Put it in a safe place Not a room where people can play with it Not an unlocked room Needs to be a counting committee Deal with it that day Count it all and give totals to treasurer Deposit right after you count it Give deposit slip to treasurer, as well as supporting documentation She/he should do all the work in the checkbook from deposit slip Pay checks/write Approved by proper people Two signature checks Mail out Do reconciliation of checkbook Present financial statement to church
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Business vs. Commuting Miles
Always Deductible Always Deductible Prospective Member Always Deductible Never Deductible Parsonage Church Never Deductible (if a regular stop) Always Deductible Local Hospital
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The Importance of An Audit
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Reasons for Regular Audits
To protect the treasurer To protect the integrity of church funds To show the community the church handles its financial matters with integrity To make sure the church is in compliance with the IRS regulations.
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Questions? Doug Lohrey dlohrey@cbgc.org
If you have any questions, please call me. Doug Lohrey ext. 224
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