Skip to main content

Required Church Filings with IRS

Question:

What IRS "tax" forms are newly organized churches required to file?

Answer:

Here's a quick checklist to answer this question:

Required: Form SS-4 - Application for federal Employer Identification Number (EIN)

Required: Form W-2 (and related W-3) - Annual Wage and Tax Statement

It Depends: Form 941 - Employer’s Quarterly Federal Tax Return. If the pastor is the only employee and he does not elect voluntary federal income tax withholding, then none is required.

Optional: Form 1023 - Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. Churches are automatically income tax exempt, but the Tax Determination Letter issued by the IRS after completion of Form 1023 can be helpful (e.g., to secure a bulk mailing permit with the USPO). Caution! It's 28 pages long and complicated!

Optional, but beneficial: Application for [your State] Sales and Use Tax Certificate of Exempt Status. Many States apparently instruct churches to include a copy of their Tax Determination Letter which is received from the IRS only after filing and acceptance of Form 1023. My State (Wisconsin) does list this letter as required in its instructions for the Certificate, but I've rarely seen a church file Form 1023 and I've never seen a church denied a State sales tax exempt certificate.

Very Rare: Form 990-T - Exempt Organization Business Income Tax Return. This form is for churches to pay income tax on income earned in excess of $1,000 per year that is not related to its tax exempt purpose. It's called Unrelated Business Income Tax (UBIT).

No way: Form 1120 - U.S. Corporation Income Tax Return. While churches are considered corporations, they do not file the corporate income tax return.

Comments

  1. Good information, I will use it! Thank you

    ReplyDelete

Post a Comment

Popular posts from this blog

Rental of a Church Parsonage to a Non-Minister

Question: A church owns a parsonage, but the pastor does not use it as he owns his own home. The church rents the parsonage to a tenant other than a minister or employee of the church. Will the church be responsible for paying income tax on these monies as Unrelated Business Income (filing a Form 990-T) even if the money is used to carry on the business of the church? Answer: Whether the money is used for church purposes is irrelevant.  IRS Publication 598  states: "If an exempt organization regularly carries on a trade or business not substantially related to its exempt purpose, except that it provides funds to carry out that purpose, the organization is subject to tax on its income from that unrelated trade or business." Fortunately, in the case of rental income from real property, such income is "excluded in computing unrelated business taxable income" (Publication 598). Caution: see content below regarding debt-financed property.  However, a second concern not a

Review: Form 1099 Payments to 501(c)(3) Organizations

Question: A church rented space from another church last year. Should it request a completed Form W-9 and issue Form 1099-MISC? Answer: Payments from one 501(c)(3) organization to another 501(c)(3) organization are not subject to Form 1099-MISC reporting. The IRS Instructions for Form 1099-MISC state that "payments to a tax-exempt organization" are exempt from reporting a Form 1099-MISC.  The following are typical examples of payments of $600 or more by a church which are subject to reporting a Form 1099-MISC: Rent paid to an individual (non-corporation) Payments for services rendered by individuals who are not employees (e.g. janitorial service, facilities, snow removal, guest speakers) Support sent directly to missionaries

Form 944 or 941 Filing for Churches

Question:   A new church filed for an employer identification number (EIN) recently. It received notification from the IRS about the EIN, stating that the church must file Form 944 by the following January deadline. The church has no non-ministerial staff members. Since income tax withholding is elective by ministers and none of the pastors has elected to request non-mandatory withholding is the church required to file Form 944 annually? Also, a quarterly Form 941 (rather than an annual Form 944) is required of some employers. Which IRS form, if any, should be filed? Answer: According to IRS Section 1402(c) and 3121(c), ministers are not subject to mandatory income tax withholding. Unless one or more ministerial employees request non-mandatory withholding, church employers with only ministerial employees do not need to file Form 941 or Form 944.  The IRS  Ministers Audit Technique Guide  explains in further detail a minister's treatments for social security, Medicare tax, Fed