Title: Church Treasurers
1Church Treasurers WorkshopMay 12, 2009
- We are called to be good witnesses of our Lord to
this world. Therefore, we MUST strive to do that
which is right and pleasing in Gods sight!
2How Many of you
- do not give your pastor a W-2?
- give 1099 to revival or other speakers who earn
more than 600 in your church? - have a custodian and do not give them a 1099?
- take up love offerings and do not include it as
W-2 wages for the recipient? - give a contribution credit for persons giving to
a love offering through the church?
3How Many of you
- have at least 2 non-related people counting the
money each Sunday? - take Sundays offerings home with you and deposit
it on Monday without 2 people counting the money? - have a benevolence fund administered by the
Pastor? - give your pastor a social security offset?
- have ever let someone buy something from the
church at a reduced price? - rent out the parsonage? church for weddings?
fellowship hall for family reunions? - sent your pastor on a trip to the Holy Land or
some other location? - do not have an accountable reimbursement plan?
4Estimates run from 65 85 of churches may be
out of compliance with the rules, regulations,
and laws that govern withholding, charitable
giving, staff policies, etc.
5The information being shared with today is a
good faith effort to inform you of expectations
of the IRS and state to comply with maintaining
non-profit status as a church. Certain
circumstances may require that you talk more
fully with an accountant or agent.
6Scriptural premises to serve as our guidelines
- ..You shall be my witnesses. Acts 1 8
- Give to Caesar what is Caesars and to God what
is Gods. Matthew 22 21
7Issues For Discussion
- IRS rules and regulations for ministers and
church staff - Charitable giving requirements
- Reclamation of NC Sales Tax
- Need For Personnel policies and procedures
- Importance of staff being a part of the
Guidestone Retirement system - Records keeping requirements
- Q and A
8The Dual View Of Those In Ministry
- Ministers are considered and employee of the
church for IRS purposes. - Ministers are considered as self-employed for
Social Security purposes
9Many Churches are out of compliance with the law.
This can lead to substantial penalties.
- Federal law specifies that any corporate officer,
director, or employee who is responsible for
withholding taxes and paying them over to the
government may be liable for a penalty in the
amount of 100 of such taxes if they are either
not withheld or not paid over to the government.
10Many Churches are out of compliance with the law.
This can lead to substantial penalties.
- This penalty is of special relevance to church
leaders, given the high rate of noncompliance by
churches with the payroll reporting procedures.
11Special rules UNIQUE to the church
- Ministers are ALWAYS self-employed for Social
Security purposes and must pay their own SECA
(not FICA). - You may need to know that some ministers are
exempted from Social Security due to religious
considerations. They must have the appropriate
forms on file with the government.
12Special rules UNIQUE to the church
- A ministers wages are exempt from income tax
withholding. However, some ministers do elect to
allow the church to withhold taxes. Generally,
the pastor should pay estimated taxes on a
quarterly basis to avoid penalties for
underpayment of taxes.
13Maximizing Tax Benefits For Ministers
- I operate from the premise that the church should
do all it can to maximize the earnings of its
ministers. Many churches can not afford to pay
high salaries. However, EVERY church can and
should maximize the earnings of its ministers and
protect the ministers family as much as possible.
14Maximizing Tax Benefits For Ministers
- HOUSING ALLOWANCE (Homeowner) This is the most
important benefit for those in ministry. Make
certain a portion of the ministers compensation
is designated - by vote of the church (or
appropriate committee with expressed authority)
as housing allowance for the minister. If you
fail to do that it is considered gross pay and
therefore taxable income to the minister.
15Housing Allowance Information
- The housing allowance is nontaxable for income
tax reporting purposes - Housing allowance is considered in the
computation of SECA. - Ministers living in their own homes may also
deduct interest, taxes, etc. - Ministers living in church-owned homes may
exclude the fair-rental value from their gross pay
16Housing Allowance Information
- Out-of-pocket expenses (utilities, furnishings,
repairs, etc.) in the parsonage may also be
excluded from their gross pay - Remember---the amount designated as housing
allowance MUST BE approved by the church in
advance and though excluded for income tax
purposes, it must be included in the ministers
computation of SECA.
17Housing Allowance Information
- The IRS recognizes employee contracts, covenants,
minutes of business meetings, budgets, etc.
PROVIDED the church has duly adopted the
designation as a housing allowance. - Giving your pastor 150,000 and saying break it
down pastor any way you like, is not accepted by
the IRS as appropriate.
18Maximizing Tax Benefits For Ministers
- Another premise I operate from is that the church
should UNDERSTAND, the cost of the pastor being
your pastor is NOT income to the pastor.
THEREFORE, the church should do everything it can
to insure he does not have to pay taxes on money
that he uses to serve the church as its minister.
The church should understand there are
operating expenses to serving as your minister.
19Maximizing Tax Benefits For Ministers
- Every church should ADOPT an ACCOUNTABLE
REIMBURSEMENT PLAN for its ministers/staff. The
basic rule of thumb is, staff members have to
be accountable to someone either the church or
to the IRS. To make your staff members
accountable to the IRS means that they will have
to pay taxes for expenses it cost them personally
to serve as your minister. That should NOT
happen.
20Accountable Reimbursement Plan
- The BEST way for ministers to handle their
ministry-related work expense is through an
accountable reimbursement plan - A church agrees to reimburse staff for all
ministry-related expenses that are properly
substantiated as to the date, amount, place, and
ministry purpose. - Reimbursements in such a manner are not
considered taxable income. An allowance is
considered taxable income.
21Accountable Reimbursement Plan
- The church should establish an accountable
expenses reimbursement plan in an appropriate
resolution/motion. When making such a motion,
the church should pay close attention to - 1. Condition the reimbursement of any expense
on adequate substantiation. This will include
written evidence for all expenses, and receipts
for expenses of 75 or more. The evidence must
substantiate the amount, date, place, and
business nature of each expense. 75 figure is
IRS requirement----
22Accountable Reimbursement Plan
- BUT------I would expect the minister to turn in
MOST receipts under 75 as well. I would have a
provision for a statement of explanation for
reimbursement of items that a receipt might not
be available (I.e. fast food meal, parking fees,
etc.) - The KEY POINT is this the church MUST require
the same degree of substantiation as would be
required for a deduction on the ministers income
tax return.
23Accountable Reimbursement Plan
- 2. Expenses must be substantiated, and excess
reimbursements returned to the church, within a
reasonable period of time. According to IRS
rules, expenses substantiated within 60 days are
deemed appropriate as is excess reimbursements
received within 120 days. - Reimbursements to ministers for non-ministry
related, personal expenses should be included as
taxable income on the ministers W2.
24Complying With Federal payroll tax reporting
obligations..
- Yet another premise I feel is important and under
which we should operate is the fact that a church
should be a good witness to the world around us
by complying with the rules, regulations,
proceduresthe law. The following slides will
deal with 11 steps to insure your compliance.
25Complying With Federal payroll tax reporting
obligations..
- STEP ONE Obtain an employer identification
(EIN) from the federal government if this has not
been done. - This is NOT a tax-exemption number!
26Complying With Federal payroll tax reporting
obligations..
- STEP TWO Determine whether church workers are
employees or self-employed. - Churches must withhold 30 of pay to a
self-employed person who has not supplied a SS
number - Some employee benefits are non-taxable ONLY
when received as employees - The Church Annuity Plan covers only W2
employees
27Complying With Federal payroll tax reporting
obligations..
- STEP THREE Obtain the Social Security Number
for each worker. - Churches can be penalized if the Social Security
number they report is incorrect.
28Complying With Federal payroll tax reporting
obligations..
- STEP FOUR Have each employee complete a W4.
- Ordained ministers do NOT have to complete a W4
UNLESS they enter into a voluntary withholding
with the church.
29Complying With Federal payroll tax reporting
obligations..
- STEP FIVE Compute each employees taxable wage
- Wages subject to federal withholding include pay
given to any employee for services performed.
The pay may be cash or in other forms. Non-money
pay must be fair-market value.
30Complying With Federal payroll tax reporting
obligations..
- WAGES Wages often include a number of items in
addition to salary, Here are some common
examples - Bonuses Christmas/Special occasion Gifts
- Retirement Gifts SOCIAL SECURITY OFFSET
- Personal use church car Church loan below-market
interest - Forgiven debts Expenses with NO accountable
plan - Purchases of church property for less than
fair-market
31Complying With Federal payroll tax reporting
obligations..
- STEP SIX Determine the amount of income tax to
withhold from each employees wages. - The most common way to determine is through the
wage bracket method but you can use the
percentage method.
32Complying With Federal payroll tax reporting
obligations..
- STEP SEVEN Withhold Social Security and
Medicare (FICA) taxes from non-minister
employees wages. - The combined Social Security and Medicare tax
rate is 15.3 of each employees wages. This is
divided by the employer and the employee.
Therefore, the churchs portion is 7.65 of the
employees wages. - The church MUST withhold the employees share of
social security. - REMINDER Any Social Security Offset by the
church for a minister is considered taxable
income to the minister.
33Complying With Federal payroll tax reporting
obligations..
- STEP EIGHT The church MUST DEPOSIT the taxes
it withholds - The church accumulates 3 kinds of federal
payroll taxes income taxes, employer's share of
SS taxes, and employees share of SS taxes. ALL
must be deposited on a monthly basis. MOST
CHURCHES, beginning in 2001 can make payments
every three months UNLESS they have more than
2500 combined quarterly employment taxes.
34Complying With Federal payroll tax reporting
obligations..
- STEP NINE All employers subject to income tax
withholding, Social Security and Medicare, or
both, MUST file Form 941 quarterly - Forms are due April 30, July 31, October 31, and
January 31 - It is the position of the IRS national office
that churches with only one employee (the
minister) need NOT file a Form 941
35Complying With Federal payroll tax reporting
obligations..
- STEP TEN Prepare a W2 for EVERY employee
including ordained ministers. Employee should
receive no later than February 1 - TAKE NOTE OF ANY CHANGES IN THE W2 FORM FROM
YEAR TO YEAR - For ministers, you do NOT include designated
housing and reimbursed ministry expenses on the
W2. The church does NOT report Social Security
or Medicare wages for the minister.
36Complying With Federal payroll tax reporting
obligations..
- REMEMBER----wages for income tax purposes
include - Bonuses The cost of sending the pastor to
the Holy - Church gifts Land if paid by the church
- SS Offset Personal use of church-provided
car - Purchases of church Business expense
reimbursements under a property below market
non-accountable plan - Moving expenses paid Church paid group
insurance beyond DIRECTLY to pastor 50,000 - Discretionary funds Below-market
interest loans by the for the pastor to spend
church - as he sees fit Debt forgiven by the church
37Complying With Federal payroll tax reporting
obligations..
- MORE EXAMPLES----wages for income tax purposes
include - Severance pay Payment of the ministers
personal - Churchs reimbursement expenses by the
church - of spouses expenses Per Diem rates higher
than IRS - Travel reimbursement guidelines
- higher than IRS Reimbursement for spouse
conference expense, etc. UNLESS church
requires such travel as an integrity
measure
38Complying With Federal payroll tax reporting
obligations..
- THINGS NOT TO REPORT AS SALARY FOR MINISTERS
- Fair rental value of Housing Allowance
- parsonage Contributions to Retirement
Plans - Expenses reimbursed (Under Salary Reduction
Agreement - under accountable plan approved by the
church) - Travel expenses Items purchased by the
church for the - in accordance with IRS minister to
accomplish his task as - guidelines minister of the church
- CONSULT IRS OR CLERGY TAX LAW GUIDES IF YOU HAVE
QUESTIONS. Tar River Baptist Association should
have the up-to-date information that will be of
help to its member churches.
39Complying With Federal payroll tax reporting
obligations..
- STEP ELEVEN Prepare a Form 1099-MISC for
every self-employed person receiving non-employee
compensation of 600 or more. - Like the W2, this should be issued BEFORE
February 1 - Persons that receive 1099s are NOT eligible to
participate in the Church Annuity Plan. - Churches should get contact information and SS
number to complete 1099 for every person that
receives compensation for services rendered to
the church (revival speaker, pulpit supply, guest
musicians, etc.)
40Some additional helps to keep you in compliance..
- NEED HELP COMPLETING A FORM Call the
centralized IRS site for questions about their
forms. Their number is 1-304-263-8700 (M-F 830
430 EST). TRBA might also be able to offer
some help to you. - FORM I-9 EVERY employer in the United States
must complete this form to confirm the identity
of all new employees. All employees since
November 6, 1986 should have this on file. - Annual Certification of racial
nondiscrimination Churches that operate,
supervise, or control a private school must file
this form each year with the IRS. This includes
a preschool operation.
41 42Lets Discuss a Scenario
- The Treasurer receives a donation to the church
w/ a note attached. - The donor wishes to remain anonymous
- The check is designated for use at the
discretion of the pastor for evangelism - The Questions related to the above
- Can the pastor only authorize these funds or does
this go into the general fund? - If it states to be used for evangelism, does the
church really have to use it for that purpose? - 3. How would a church policy addressing
designated funds help in this scenario?
43Lets Discuss.
- For a contribution to be tax deductible, the
church must maintain control. In other words,
if it is NOT the policy of the church to allow
the Pastor to have general oversight of the
distribution of funds, then the designated gift
is a way to get around the budget of the church
and the person maintains control of his money. - I would honor the anonymous nature of the gift as
much as possible, but I would discourage common
use of this tactic. - Anything at the discretion of the pastor should
be counted as income to the pastor as he has
control of it. This would be particularly true
if the person giving the gift gets a tax credit
from the church. - Should it go to the general fund? If the church
does not have a designated evangelism fund, the
church needs to vote to accept the contribution
as a bona fide contribution. The church should
have a policy that states money designated and
not use for the purpose given will go to the
general fund and allow the donor to take it
back in a reasonable amount of time if he dies
not agree with that policy. - Church policy and procedures clarify things!
44Some additional helps to keep you in compliance..
- Charitable contribution substantiation rules
There are two important rules with regards to
substantiation of charitable gifts - 1. IF THE GIFT IS OVER 250 the donor must
receive written acknowledgement from the church
that satisfies the following requirements - Receipt must be in writing
- Receipt must identify the donor by name
- For non-cash contributions valued over 250,
the receipt must include a description of the
property. NO VALUE NEEDS TO BE STATED -
45Some additional helps to keep you in compliance..
-
- The receipt must state whether the church
provided any goods or services in return for the
contributions and if so, an estimate of their
value - If the church provides intangible religious
benefits, then the receipt must contain a
statement to that effect - The written receipt must be received by the
date the donor file his tax return (or
extensions) -
46Some additional helps to keep you in compliance..
- If the gift is a Quid pro quo contribution of
more than 75 ( a payment that is partly
contribution and partly payment for goods and
services), the church must provide a written
statement to the donor that satisfies two
conditions - Must inform the donor the amount that is
tax-deductible is limited to the excess of the
amount of money (or value of property) over the
value of any goods and services provided by the
church
47Some additional helps to keep you in compliance..
- The statement must provide the donor with a good
faith estimate of the value of the goods or
services furnished to the donor - NOTE All designated contributions are NOT
necessarily tax-deductible to the donor.
48Not all designated gifts are considered tax
deductible
- Due to abuse by some, the IRS has established
some basic guidelines related to designated
giving and receipts for charitable gifts. As a
general rule, anything you give with a
designation that it MUST be used in a certain
manner and for which you can have returned if not
used in that manner, is not considered deductible
for you still have control of its use.
49One final rule of thumb for charitable giving
- If someone receives CREDIT for a contribution
(even a love offering), the IRS requires
substantiation. - If a staff member receives a love offering
from the church for which members have received a
contribution credit (this would include gifts and
trips), then the treasurer MUST include this on
the staff members W2 as income.
50ODDS AND ENDS ABOUT CHARITABLE GIVING
- Keep tax records 7 years (List provided for other
timelines for record keeping) - Hours, services, volunteerism is NOT a legal
contribution - Money counters should not be from the same
family/household - Cancelled checks are not proof of contributions
- A person that gets the money counts the money
deposits the money, etc. SHOULD NOT SIGN CHECKS - Two signatures should be on church checks
51A Suggested Procedure For Sunday Offerings
- Count and verify loose change and cash
contributions - Do NOT open envelopes
- Place bag in night deposit at bank
- On Monday, financial secretary gets bag, counts
money, and makes records of contributions from
envelopes - Prepare deposit slip and take to bank
- Get contribution records to contributors in a
timely manner
52Reclamation Of N.C. Sales Tax
- Churches can claim refunds for NC Sales taxes
paid. Forms are available - by calling 1-877-252-3052. Listed below are
items for which churches - can NOT receive a refund
- Tax paid on the purchase, lease, or rental of
motor vehicles - State sales tax on electricity, natural gas, and
telephone service - Local occupancy taxes on hotel bills and
restaurant (prepared food) taxes - Scrap tire disposal and white goods tax
- REIMBURSEMENTS MADE TO EMPLOYEES OR OTHER
INDIVIDUALS FOR SALES TAX PAID DIRECTLY BY THE
EMPLOYEE OR INDIVIDUAL
53Planning Financial Support For Church Staff
- The church has the responsibility of being a good
employer. Staff/church policies and procedures,
personnel handbooks, deliberate planning to
address financial needs of the staff ALL
contribute to a better work environment.
54Forms, workbooks, sample policies and procedures,
etc. are available to the church through the Tar
River Baptist Association or the Baptist State
Convention of North Carolina or their websites.
55Tar Rivers Website is www.tarriverba.com
- The Baptist State Conventions website is
www.ncbaptist.org
56Six steps to financial support planning
- Determine the needs
- Establish written support policies
- Provide for ministry-related expenses
- Provide employee benefits
- Determine personal income
- Complete a financial support worksheet
57Determining The Need
- Ask each church employee to complete a Financial
Support Review (copies available). This will
help you determine if the church is adequately
meeting both the churchs and the employees
needs. This tool will enable the church to more
effectively plan for this years staff support
and the ministry needs of the church.
58Financial support review
- Forms are available at TRBA.
- The church should ask each staff member to
complete this form and return to the committee
for their review. - The committee should determine if any
adjustments should be made for that employee.
59Financial support review
- The following areas need to be reviewed
- 1. Mileage driven the previous year for church
business. - 2. Any foreseen major changes in mileage for the
upcoming year. - The church should examine current and projected
compensation at the IRS approved rates.
60Financial support review
- 3. How much money was spent by the staff member
in travel expenses to participate in church and
denominational conventions and conferences? This
would include lodging, food, commercial
transportation, parking fees, etc. - 4. Are their anticipated changes in convention,
conference, education plans for next year? - The church should explore what expenses they
will reimburse for such events.
61Financial support review
- 5. How much money was spent by the staff member
on materials such as books, periodicals,
subscriptions, tapes, etc. in preparation for
sermons, studies, presentations, and other things
related to the ministry of the staff member? - 6. Are their any special studies, promotions,
activities planned by the church or denomination
that will require additional purchases in the
upcoming year? - The church should explore what expenses they
will reimburse for such materials.
62Financial support review
- 7. How much money was spent by the staff member
on professional development conferences,
education, workshops, etc.- to improve the
ministers ability to minister to the church? - The church should determine how much they will
reimburse? - 8. How much money was spent by the staff member
to entertain church groups, prospects, visiting
evangelists, and other guests of the church in
their home or a restaurant? - The church should determine how much they will
reimburse to offset this expense to the staff
member.
63Thus far, we have just reviewed what it cost the
church staff member TO BE YOUR CHURCH STAFF
MEMBER. Now we need to look at the benefits the
church will provide and the personal income the
staff member can use as his/her personal income.
64Protection Benefits
- The church should do all it can to protect the
staff member and his/her family. Perhaps the
church can not do all it needs to do, but each
year it needs to take additional steps to protect
the staff member!
65Protection Benefits
- There are several things the church needs to
know about its staff members so ask! - 1. Does the staff member have health insurance?
- 2. What is the cost to the family?
- 3. Will the cost increase for next year?
- The church should determine how much it can do
to offer this as a benefit for the staff member.
If not fully, it can be reimbursed and/or a
salary reduction agreement.
66Financial support review
- 4. Does the staff member have life insurance?
What is the cost? Can the church cover this as a
benefit if not already a benefit (remember
anything over the 50,000 premium will have to
count as income to the staff member). - 5. Does the staff member have disability
insurance? What is the cost? Can the church
include this as a benefit? - 6. Does the staff member make contributions to
GuideStones Retirement Program? (PLEASE NOTE
It is the opinion of your presenter that the
staff member should participate in the GuideStone
Retirement. There are certain benefits that
AUTOMATICALLY come to the staff member that serve
as a protection to the staff member and to the
church as a result of the staff member's
involvement.)
67A Few Words About Special Benefits For
GuideStones Retirement Participants
- If your church contributes 420 per staff member
to any plan to the Cooperative Program of the
Baptist State Convention of North Carolina, and
contributions are made on behalf of the staff
member (by the staff member or the church), then
the staff member AUTOMATICALLY has certain
protection benefits IN ADDITION TO any other
protection benefits they might have. (PLEASE
NOTE This benefit is available to ANY minister
(including music DIRECTOR) and to SUPPORT STAFF
and daycare workers that work at least 20 hours
per week (ministry positions have no minimum
number of hours to work). - EVERY CHURCH SHOULD MAKE CERTAIN THAT MONTHLY
CONTRIBUTIONS (AND I SAY AGAIN MONTHLY) SO THAT
STAFF MEMBERS WILL HAVE THIS FREE BENEFIT!!!!!!!
68More Words About Special Benefits For Annuity
Board Retirement Participants
- Treasurers should make certain payments are made
on all staff members behalf on a MONTHLY basis.
Benefits are based on twelve months of
consecutive (not catch up) contributions and
participants would receive a pro rated benefit if
payments were not made MONTHLY.
69Yet----A Few More Words About Special Benefits
For GuideStones Retirement Participants
- Eligible participants in the GuideStone
Retirement System have the following AUTOMATIC
benefits as a result of a partnership it the
Baptist State Convention of North Carolina - Protection Benefits For contributions of 1 a
month (of course, it should be more) - Disability Income Benefit of up to 500/month
- Survivor Protection Benefit (based on age) of up
to 100,000 and not less than 10,000 for those
who die before retirement (Contributing interims
are not considered retired)
70Yet----A Few More Words About Special Benefits
For GuideStones Retirement Participants
- Investment Benefit For contributions of 52 -
105 the Baptist State Convention of North
Carolina will contribute 1for every 3 the
participant contributes. - Churches are encouraged to contribute 10 of
staff members direct pay. The staff member is
encouraged to contribute 5.
71Now---we move into the personal or direct
income of the minister. That is, the money that
is available to the staff member to support the
family/personal expenses.
72Personal income.
- 1. How much was the salary for the staff member
last year? -
- 2. Did the staff member receive a COLA or merit
raise last year? - 3. What was the housing allowance or value of
the parsonage last year? - 4. How much SECA taxes were paid by the staff
member last year? - 5. How much did the church provide last year for
SS Offset? - Upon review of the above, the church should
determine what adjustments need to be made in the
next budget cycle for the staff member.
73STEP 2 Establish written financial support
policies--------Every church should do all it can
to cut down on the potential for conflict in the
church. Written policies clarify intentions and
reduce the potential for misunderstandings.
74Written policies should include.
- Ministry related expenses Should clearly state
what the church considers allowable business
expenses staff member record keeping
expectations types of expenses to be reimbursed
and reimbursement rates, etc. - Employee benefits Should define levels of
coverage the church will provide for insurances
retirement contributions by the church
educational expenses SS Offset, etc.
75Written policies should include.
- Personal Income This is the direct income the
staff member receives (housing allowance and
taxable salary). - OTHER Personnel policies There are several
other policies the church should consider for its
employees, including the following - Vacation Sick leave
- Sabbatical leave Hiring issues
- Employee classifications Work hours
- Pay periods Church expectations in
call backs from conferences/vacations
76- ????Any Specific Questions????