How Can A Church Reverse Its FICA Exemption?

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Several months ago, I got an email that had me stumped. The writer was from a church that was exempt from paying FICA (payroll) taxes but wanted to start paying them. Since I was unsure how to answer the question, I referred her to a CPA that has helped me (and a lot of pastors and churches) with ministerial tax issues. She said she had searched the internet and couldn’t find an answer, so today I am solving that problem with the information provided by Wayne Vinson, CPA, of The Vin Group

Do Churches Pay FICA?

First, we have to look at the question of churches paying FICA. Not all churches pay FICA taxes for their employees. Churches have a choice. Churches who are opposed to paying FICA for religious reasons may exempt themselves by filing Form 8274. Employees of those churches have to pay their Social Security and Medicare payroll taxes as if they were self-employed

If a church is not opposed, then it will pay FICA taxes just like any other business for their non-minister employees. Ministers always pay all of their own payroll taxes as if they were self-employed unless they choose to opt out.  

How To Revoke A Church’s FICA Exemption

When a pastor opts out of Social Security and Medicare (payroll) taxes, it is permanent. There is no option to opt back in. However, the IRS does not take such a hard-line approach with churches. Churches are able to reverse their FICA exemption and start paying payroll taxes for their employees at any time. To revoke its exemption, a church simply has to start paying the taxes. 

How To Start Paying FICA Taxes For Churches

Form 941 is the form that employers file with the IRS along with the taxes that they have withheld from their employees’ paychecks. Even churches that don’t pay FICA fill this out and send it in with the income taxes that they have withheld from their (non-minister) employees’ pay. Exempt churches simply check a little box on the form (currently line 4) saying that they don’t have to pay Social Security and Medicare taxes and skip that section. 

To revoke the exemption, a church just doesn’t check that little box. Leave the box empty and then calculate the payroll tax obligation on the subsequent lines. Then, pay the tax liability in full when you submit the form. It’s that simple. You can make the change any time, just file and pay on or before the due date for the first quarter for which the revocation is to be effective. 

It would be wise, also, to let the non-minister employees know that they no longer have to pay both halves of the payroll taxes as if they were self-employed. I’m sure that will be welcome news for them. 

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Can I Claim A Pastor’s Housing Allowance If I Live With My Parents?

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I recently received an email from a missionary who had just returned from overseas. She was living with her mother for a season and had some questions as to how the housing allowance applied in her circumstances since she was not paying rent. 

This situation is probably more common than a lot of us realize. Whether it’s a missionary returning from overseas, a new seminary graduate just starting out in ministry, or a pastor living with a parent in a caretaker role, not all pastors pay for their housing or live in a parsonage. Are they still eligible to claim a minister’s housing allowance?

What Is The Minister’s Housing Allowance For?

The law itself, Section 107 of the Internal Revenue Code, states that the cash rental housing allowance is provided “to rent or provide a home… including furnishings and appurtenances such as a garage, plus the cost of utilities.” The purpose is to allow clergy a tax break in order to provide a home.

Homes take many shapes and sizes and come in various ways. Your home could be a parsonage, an RV, a highrise condo, a houseboat, or a family home in the suburbs. What matters is that you consider it your home and it is where you lay your head to rest at night. You might own your home, rent your home, live in a church-owned parsonage, or have another arrangement, such as living with someone for free. How you came to call it your home isn’t as important as the fact that it is, indeed, your home.

What Expenses Can Be Claimed If You Don’t Pay Rent

Before going any further, I must clarify something very important. You can only claim a clergy housing allowance on expenses that you actually pay. If someone else pays it or if you get it for free, you can’t include it in your housing allowance. As such, if you don’t pay rent, then you can’t include rent in your housing allowance. However, that doesn’t preclude you from claiming any other expenses incurred to provide a home.

Whether or not you pay for the house itself, you can still apply the minister’s housing allowance to any other home expenses you do pay. If you pay for utilities, you can claim that just the same as you could if you owned the home or lived in a traditional rental. If you’re paying to remove a troublesome tree, fix a deck, or replace a broken toilet, all of those expenses still qualify because you are paying them in order to provide a home for yourself even if you don’t hold the deed to the property. 

My reader also asked if she could use a housing allowance to purchase a shed while living in her mother’s home. In general, a shed that is on the same property as the home is eligible for the housing allowance. If it is not on the property, or something like a rented storage unit elsewhere, then it is not eligible. Now, if she were purchasing the shed for her mother and it would be of no benefit to her, then she couldn’t include it in her housing allowance. However, if the shed is for her own use, then it doesn’t matter that she does not own the ground that it sits on as long as the property is her home.

How To Determine Which Expenses Qualify

Two good questions to ask yourself if you are wondering if an expense qualifies for the housing allowance are:

  1. Would you be doing it if you owned the house?
  2. If you rented from a stranger would you be doing it?

If the answer is yes, then whether or not you pay rent is irrelevant. You are incurring those expenses to provide a home, so they qualify for the pastor’s housing allowance. There are a few things that are specifically prohibited from inclusion in the housing allowance and you can see a detailed list of those here. And, as always, you cannot claim more than the fair market rental value of the furnished home

Purchase The Complete Guide to the Clergy Housing Allowance by Amy Artiga
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