There is an appeal process for being denied the 4361 minister exemption. If a minister, member of a religious order, or Christian Science practitioner is denied the exemption from self-employment tax under section 1402(e), they have the right to an administrative review and appeal process. Initial...
California youth service organizations are now required to comply with newly amended regulations under California Penal Code §11105.3 which builds upon the foundation of California Business and Professions Code §18975 (AB 506). Key legislative changes include: Mandatory national (FBI) criminal history checks Annually signed waivers authorizing...
Most churches will issue a Form W-2 to a minister for their compensation if the minister is considered an employee of the church. The determination of whether a minister is an employee or an independent contractor is crucial in deciding whether to issue Form W-2...
Giving gifts to our employees can be one of the best ways to express our gratitude for a job well done. On the other hand, the laws surrounding what we give (and to whom) can make it a tricky business. Yes, it’s unfortunate that our...
Question: Our minister would like to increase his housing allowance due to higher expenses than expected. Can our board amend it? Answer: Yes, your church can amend the housing allowance, but you must pay attention to the following rules: Proper authorization: The amended housing allowance...
Question: Can we cut a performance improvement plan short if the employee's performance has gotten worse? Answer: In general, yes. When an employee is on a performance improvement plan (PIP) and their performance has not improved but gotten worse, it is perfectly reasonable to...
Clergy are subject to self-employment tax because their earnings from ministerial services are considered self-employment income under the Self-Employment Contributions Act (SECA). This classification is based on several key provisions and interpretations of the Internal Revenue Code and related regulations. Definition of Net Earnings from...
It isn’t a question of if your staff is experiencing burnout, but how many of them are already burnt out. Most people don’t even know it. They think they don’t have time to look closely and deal with it; they ignore warning signs, writing them off...
With the Department of Labor's upcoming rule changes, church employers must prepare for the new salary threshold for exempt employees, rising to $58,656 on January 1, 2025. However, clergy staff—those considered ministers for tax purposes—are exempt from overtime requirements, regardless of how much or...
All meal expenses for church pastors and staff should not automatically be reimbursed. The reimbursement of meal expenses must comply with specific IRS guidelines to ensure they are deductible and not considered taxable income. Here are the key considerations: Business Connection: The meal expenses must...