Skip to main content

Church Worker: Employee or Independent Contractor

Question:

An individual providing services to a church for compensation receives a Form 1099-MISC reporting the earnings to the church worker. Unlike the typical Form W-2 provided to an employee which reports both earnings and withholdings, no taxes were withheld on the money. At tax time, these individuals are often surprised to learn that the Internal Revenue Service and their tax software provider treat them as small business owners subject to both self-employment (SE) and income taxes on the earnings. Is there another way to report these earnings and avoid SE tax?

Answer:

Form 1099-MISC reports payments to individual independent contractors (e.g., not corporations) for services rendered when the amount exceeds $600 per year. Unfortunately, many churches are unfamiliar with the rules for classifying a worker either as an employee or an independent contractor. IRS Form SS-8 may be submitted to the Service for a determination. However, this step is rarely necessary if the church officers carefully consider the guidance provided by the IRS either in the instructions for Form SS-8 or on its website. Typing "independent contractor" in the IRS search window is sure to bring a hit near the top of the list on this topic.

In most cases, non-ministerial church workers (individuals who are not performing the functions of a minister) should be classified as employees and subject to FICA withholding (and matching by the church) and income tax withholding. A common situation when independent contractor status is appropriate relates to a church employing a janitorial or other service firm to render services. On the other hand, the typical church janitor, office employee, etc. should not be treated as an independent contractor.

When an error in classification is discovered the church should take immediate action to correct the error. This may require the use of newly adopted IRS Form 941-X and correction of previously issued paychecks. The employee may owe the church his or her share of the FICA tax not previously withheld.

When the error is not discovered until well after the previous year is complete, the employee who was erroneously classified as an independent contractor may have little recourse but to pay the full SE tax.

Comments

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...

What you need to know about QuickBooks Desktop changes

  QuickBooks Warning for QB Desktop 2021 :   QB Desktop Pro, Premier, Enterprise, Accountant, & Mac 2021 versions are facing a service discontinuation after May 31, 2024. What this means : You can still use your desktop product but will no longer have access to QuickBooks Desktop Payroll, Desktop Payments, live technical support, Online Backup, Online Banking, and other services through QuickBooks Desktop 2021. QB will not provide security updates after June 1, 2024. The 2021 discontinuation warning is not new, but Intuit’s July 31, 2024 product announcement will change the landscape.   After July 31st – Intuit will only be offering QB Desktop Enterprise for new subscribers. The only entities who will still be able to continue to use their current desktop product’s full functionality and receive security updates will be those who have an existing active subscription by July 31, 2024.   Intuit has publicly stated, “all future innovation will happen in Quick...

Housing Allowance and Form 1099-MISC Reporting

Question: A church provides its minister a housing allowance but believes it must report the full amount of compensation (including the non-taxable housing allowance portion) on Form 1099-MISC in order to demonstrate the full earnings of the minister. (Starting in 2020, Form 1099-MISC is replaced with Form 1099-NEC for non-employee compensation.) If the church reports his compensation, including the housing allowance, on the Form 1099-NEC as taxable income, will he be able to deduct his housing expenses somewhere else on the Form 1040? Answer: This question brings up a couple of issues. First, most ministers are properly classified as employees who receive Form W-2 , not as independent contractors who receive Form 1099-NEC . Box 1 on Form W-2 reports taxable compensation. It is reduced to reflect the church's designation of a portion of his pay as non-taxable housing. Then, in Box 14 (Other), Form W-2 typically reports as a memorandum item his additional non-taxable, housing allowa...