Someone wrote to me recently with some questions about Form 4361 that is used by clergy to opt out of Social Security. One of the questions was, how hard is it to get Form 2031 approved to revoke Form 4361 and opt back into Social Security? That is a very important question, so today we are going to address it.
What Is IRS Form 2031?
Let me start by explaining these forms. Form 4361 is what pastors use to opt out of participating in the Social Security system. Click on that sentence to learn more about it.
IRS Form 2031 is used to revoke Form 4361 and opt back into Social Security. It is an irrevocable election that makes you liable for self-employment tax and includes your ministerial earnings in Social Security and Medicare coverage.
Can You Use IRS Form 2031 Right Now?
I have heard from a number of pastors that opted out of Social Security when they were young and regretted it later on. I’ve heard from others who said that they now realize that they didn’t really have grounds to opt out and didn’t fully understand what they were proclaiming.
Does that mean that they can reverse their decision and opt back in with Form 2031?
No. At least not right now.
You see, Form 2031 has only been used on special occasions when Congress gave pastors a short window of time to opt back in. In 1978 and again in 1986 this option was made available. It was only a one-time opportunity and the election had to be made by the deadline of the tax return for the year after the law was passed.
The last opportunity to revoke exemption with Form 2031 was at the turn of the century. The Ticket to Work and Work Incentives Improvement Act of 1999 gave ministers a 2-year window in which they could change their minds about opting out of Social Security. The last deadline to opt back into Social Security was October 15, 2002. Suffice it to say, you’re too late now.
What Are Your Other Options?
Basically, you can’t opt back into Social Security with Form 2031 and there’s no guarantee that the opportunity to do so will ever appear again during your lifetime. What can you do, then?
First, if you really want to get back into the system, you can try to get the IRS to revoke your exemption. They have nullified a minister’s exemption because he did it solely for economic reasons, which is illegal. I don’t know anyone who has tried this, so let me know if you do.
If you don’t want to go to such extreme measures, put your own safety net in place. Provide for yourself that which the Social Security and Medicare system would have provided for you. Purchase life and disability insurance. Save for retirement, including Medicare Part A costs. This article explains what you need to do to make up for opting out of Social Security.
Finally, share your wisdom and experience with others. Let new pastors learn from your mistakes so that they don’t have to make the same ones. Just remember, though, that what is right for you isn’t necessarily right for everyone else. Opting out of Social Security is a personal decision and there isn’t one right or wrong answer.
If you would like to share your experience with opting out of Social Security, go ahead and do so in the comments!