You’ve heard that as a pastor you can opt out of Social Security. But how do you actually do it? Here is a step-by-step guide showing how pastors can opt out of Social Security and the accompanying self-employment taxes. It’s really very simple:
Step 1: Qualify
Not just anyone can opt out of Social Security. There are certain criteria that must be met in order to do so:
- You must be ordained, commissioned, or licensed by a church.
- Your church must be a tax-exempt religious organization.
- You must oppose receiving public insurance because of your religious principles or be conscientiously opposed to it.
Step 2: File IRS Form 4361
Form 4361 is a simple, one-page form that includes your basic information, your church’s information and a statement stating your opposition that you must sign. You must file the form by the due date for the tax return for the second year in which you begin to receive ministerial income of $400 or more. For example, if you get licensed in 2015 and earn $10,000 as a pastor that year and the next, you must file the form by April 15, 2017 (or October 15, 2017, if you request an extension). This article explains the timing in more detail.
Step 3: Inform Your Church
You must inform the church that licensed, ordained, or commissioned you that you have a religious or conscientious opposition to the acceptance of public insurance. There is not a specific way that you have to inform them, but it would be a good idea to have it in writing and keep a copy of whatever you give them.
Step 4: Verify Your Grounds For Exemption
Once the IRS receives your Form 4361, they will mail you a statement that describes the grounds for receiving an exemption under section 1402(e) of the Internal Revenue Code. The statement must be signed, verifying that you have read it and seek exemption on the grounds listed on the statement. You must mail it back to the IRS within 90 days of receiving it in order to be approved.
Step 5: Receive Approved Copy Of Form 4361
If your exemption is approved, you will receive a copy of your Form 4361 marked “approved” for your permanent records. Make sure to keep your approved Form 4361 in a very safe place, like a safety deposit box or fireproof lock box. My church keeps all of the pastors’ forms for them in the church’s safe. Remember, though, it is your responsibility, not the church’s, to maintain a copy. I’ve heard from pastors who have reached retirement age and had trouble with the IRS because they couldn’t produce their copy.
Once you opt out of self-employment taxes you can’t just take the money and run. If you do that, you will surely regret it later, as I’ve heard from many pastors over the years. Social Security provides some essential safety nets, and once you’ve opted out it’s up to you to make sure you have them in place for yourself. Click here to read about what you need to do to make sure you’ve got your back covered. One last thing: Remember, the decision to opt out of Social Security is permanent, so don’t take it lightly.
53 Responses
Matthew Sizemore
February 2, 2019Are missionaries overseas able to qualify for this? My wife and I in 2018 became missionaries with youth with a mission. I am curious about this, and any other missionary tax information as this is all new to us.
Thanks for all your articles.
Amy
February 4, 2019Matthew,
If you are ordained, licensed, or commissioned, then you do qualify to opt out of Social Security for your missions income (and also take a clergy housing allowance). You only have a limited time to make that decision, though. You may also be eligible for the Foreign Earned Income exclusion or Foreign Housing exclusion.
Cecile Rhodes
March 25, 2020This is great information. It really sheds light on many questions on if pastors are required to pay Medicare and/or Social Security taxes. However, there is one other question I was not able to find an answer to, and that is :
If the pastor has worked 10 years prior to becoming a minister/pastor, and then later in his ministerial years begin filing form 4361. How does this affect his/her Social benefits?
Amy
March 29, 2020Cecile, opting out of Social Security for ministerial income does not affect any benefits earned for secular work. So, becoming a pastor will not affect any benefits that someone has already earned. However, Social Security benefit amounts are calculated based on 35 years’ worth of income, so if the pastor only has 10 years’ worth of secular employment, the benefits will only be calculated on 10 years’ wages with $0 be factored in for the other years. You can read more about how that is calculated here: https://pastorswallet.com/know-social-security/
Jarred
January 25, 2021Can you be reimbursed by the 1040x form if you are approved for the 4361 form? April 15th 2021 will be the “2 year deadline” for me to file so I will be sending mine in this month (Jan 2021). If it takes longer than 3 months to be approved and I have to pay self employed taxes can I be reimbursed?
Amy
January 25, 2021Jarred, yes, you can be reimbursed for any self-employment taxes that you paid once you have successfully opted out. You can read more about the timing to do so in the third column of page 6 of IRS Publication 517: https://www.irs.gov/pub/irs-pdf/p517.pdf
Jarred
January 26, 2021Thank you! I’m also wondering where I send my application. The form says “Department of the Treasury, Internal Revenue Service Center, Philadelphia, PA 19255-0733”. I don’t see a PO Box so should I just put this on the envelope?
Amy
January 29, 2021Yes, use the address they specify in the instructions.
Tay
February 26, 2021Does anyone know how long it takes normally to get their response (if it’s approved or denied)?
Amy
February 28, 2021Tay, hopefully some of our other readers can respond with their experiences. I’m not sure how long it usually takes, but I have heard that this past year has been slower than usual.
Titan Brave
March 6, 2021I submitted my 4361 at the beginning of January and I’ve had no reply from them. I’m going to have to file an extension to give them time for me to receive and sign the statement. Any one else having problems?
Eunyoung Gwak
March 7, 2021One of Church pastors who already opt out, started to pay social security tax. His CPA guided him like that as he reported 2020 tax. The pastor paid social security tax as one time payment for year of 2020. Is he going to be OK? If he pay every year, he will be able to take social security benefit after retire? I am not CPA just a finance staff to pay check. As I knew there is no way to revoke clergy exempt. He asked me advice, but that is only thing that I know.
Amy
March 8, 2021Eunyoung, you are correct that you are not allowed to revoke the clergy exemption. I’m not sure how the IRS will handle him randomly starting to pay SS taxes. He probably would have to call them to ask. The biggest risk he runs is being denied benefits at retirement because the Social Security Administration has his exemption on file, even though he was paying in. I’ve heard of the SSA trying to deny benefits earned through secular work because someone was exempt for their ministerial work, so I wouldn’t be surprised if they did that. I would recommend he call the IRS to ask about it.
Tia
April 15, 2021Thank you! I started my call in March 2020, so 2020 is the first year I earned income as a pastor in the US. I informed my congregation that I was going to opt out of Social Sec so they gave me a W2 without SECA payments. Now, what do I do for the 2020 tax year? Can I already file the form 4361, pay my Social Security for now and get reimbursed? Would that require a W2 that includes SECA payments (my church would pay 7,5% of Soc Sec for me). Or, do I have to wait for next year to even file form 4361? Thank you!
Amy
April 19, 2021Tia, you can file your Form 4361 right away. Until it is approved by the IRS, you will have to pay Social Security taxes. Your current W-2 is fine, you will just calculate those taxes on Schedule SE when you file your tax return. Once your Form 4361 is approved, then you can file an amended 2020 return and have those Social Security taxes refunded to you.
Steve
April 23, 2021I submitted my 4361 back in January (2021). How long does it generally take for the IRS to respond?
Titan Brave
April 23, 2021I did as well Steve, and I’ve had nothing back at all. I read that someone else was also in the same boat as us. Will you let me know if you hear anything and I will do likewise.
At this point we’re going to extend our tax filing deadline to October to ensure that it gives them time to get it back to us.
Amy
April 25, 2021Steve, I’m not sure how long it usually takes, but I know that thanks to COVID it’s taking even longer.
Thanks for sharing, Titan.
Titan Brave
April 26, 2021What happens if they don’t get to our Forms before the tax deadline. Do they still accept it based on the postage date?
Amy
April 27, 2021If you don’t get an approved Form 4361 before the tax filing deadline, you will need to pay the Social Security taxes. Once you get the form approved, you can file an amended return to have the Social Security taxes reimbursed to you. Yes, your taxes must be postmarked by midnight of the tax filing deadline to not be considered late.
Titan Brave
April 27, 2021Sorry, I don’t think I was clear. I’m worried because this tax deadline marks my 2 year window to submit form 4361.
If that deadline passes and they’ve still not processed my form 4361, will they know, via the postage date, that it was submitted within that 2 year window?
Amy
April 30, 2021I’m pretty sure the postmark will show that you are not late. The form says it must be “filed,” not approved, by the due date. Usually the IRS uses the postmark to show when something was filed.
Titan Brave
May 11, 2021Have you heard anything back yet Steve?
Ethan
December 22, 2021titan, I just received mine back. it was stamped as received in march 2021 and completed in November. so a heck of a layoff. I was unfortunately denied because I didn’t provide a copy of my “sacerdotal duties” can anyone shine light on what that is?
Amy
December 23, 2021Ethan, “sacerdotal” pretty much just means “ministerial.” (“Sacerdote” means “priest” in Spanish, so I assume it comes from the Latin.) If they’re asking for a copy of “sacerdotal duties,” they probably want a job description showing that what you are doing is the job of a pastor/minister and not a lay person.
Stephen Weygand
May 11, 2021I have not. Not sure if I should send another copy, or wait it out for after this extended tax season.
Titan Brave
May 11, 2021I’ve been thinking the exact same thing! Because of the winter storm, our extension is until June 15th, I don’t know whether to extend until October and wait it out.
Tay
June 15, 2021I came here just to say I’m on the same boat. I sent it in January and still got nothing back. I had to file my taxes and pay it in May. Have you guys heard anything yet?
Titan Brave
June 15, 2021I did actually.
Last week, they sent me a letter saying:
We’re returning your form because it was missing bylaws, in the same letter they also included the declaration.
So, not really sure if I need to write new form or if they kept it there? So strange.
Stephen Weygand
June 16, 2021I got a notice back that said they received my paperwork, and were working on it. From what I understand, I believe there is an option to make this retroactive for up to two years if you’ve been in your position for at least that long. That’s what I am planning on looking into once it all goes through.
Amy
June 19, 2021Stephen, Titan, and Tay, once your Form 4361 is approved, you can file amended returns for previous years and get a refund of all of the Social Security taxes that you’ve paid on your ministerial income. I’m sorry it’s taking so long for you!
Titan Brave
June 19, 2021Thanks Amy,
I submitted my signed declaration and by laws. Hoping that’s enough! We’ll see. Wonder how long it will be before they send me the approved form.
Brian
July 20, 2021Hey Titan, I submitted my form in March. At the beginning of July I received the acknowledgement that it was received and in process… I’ve been paying online quarterly SE. I assume that my current obligation.
Tay
August 28, 2021Hello, Brian! Did you receive anything else? I submitted my form in the beginning of this year, and I received a letter from them in the end of June saying they haven’t resolved this matter because they haven’t completed all the processing yet, and they would contact me again within 60 days. Well, they sent me another letter today, but it says THE SAME thing. They say I don’t need to do anything else for now, just to wait for them to contact me again within 60 days. I never received the statement describing the grounds for receiving an exemption under section 1402(e) to sign and return to them.
Do you all think it is normal? Is anyone still waiting for that?
Amy
August 30, 2021Hi Tay, I have heard from other financial professionals that the IRS is incredibly backlogged right now and taking a lot longer than usual to process things, so it could take quite awhile.
Brian Andersen
October 11, 2021Hello Tay, I’m still waiting… I’ve received two (2) letters stating the issue is not yet resolved and they’ll contact me within 60 days. I too have been paying online my SE tax until I receive approval. I think the next step is to receive the form back requesting a statement affirming my reason for requesting the exemption.
Pastor Tia
October 11, 2021Hi, same here! Still waiting after I received a letter saying it’s not resolved yet.
Brian
October 14, 2021When did you initial submit Titan Brave? i assume you received a response and a request for the by laws, is that correct?
Steve
November 11, 2021I did this too, however, my church doesn’t have “bylaws,” only a constitution, which I sent them, to which they said I didn’t send them bylaws! Tried calling the number on the letter I received, and it gave me some random person’s voicemail, not even sure if they’re with the IRS. Now, I have to start over. Have you had any luck?
Titan Brave
October 14, 2021I initially sent them my documents in April 2020. I’ve had a request 3 times to send by laws, I’ve sent them bylaws 3 times now. I’ve now reached out to the IRS advocacy center as I’ve been unable to make progress with them.
Brian
October 17, 2021Wow, that’s disheartening… I was hoping this would be resolved by the end of the year. Ugh.
Brian
October 26, 2021Hey Steve, Titan Brave, & Tay,
I just received another 60 day notice… “we’re working on your request…” Like many of you, I submitted months ago. 2021 tax filing is going to be interesting.
Lord, send workers to the IRS harvest field!! (exFed civil service empl 1982-2021)
Brian Andersen
January 5, 2022Received and returned my IRS letter that requested some additional info like, “why if ordained in 2007 have you not had any ministerial earnings in the interim?” I responded that i have volunteered my service prior to my retiring from my full-time position. The submission was pretty straightforward. I returned it Certified, Signed receipt. We’ll see how long it takes for approval… hopefully prior to April 18th.
Amy
January 5, 2022Brian, thank you for sharing so that others can learn from your experience.
Brian Andersen
February 7, 2022Finally…. received APPROVED 4361 today. Submitted in April 2021.
Titan Brave
February 7, 2022I also got mine a few weeks ago too!!