August 04, 2014

Sale of Church Parsonage - How is it Taxed?

Question:

When is the sale of a parsonage taxable to a minister? When is it taxable to the church?

Answer:

We have recently received questions concerning the sale of church property, specifically related to parsonages. This blog post will try and tackle three possible scenarios of selling a parsonage, and how the owner should treat the gain or loss of the sale.

Scenario #1 will assume that the minister (or taxpayer) is 100% owner of the parsonage.
Scenario #2 will assume that the church is 100% owner of the parsonage.
Scenario #3 will assume that the minister is 50% owner and the church is 50% owner of the parsonage.

Scenario #1
If the minister (taxpayer) is the 100% owner of the parsonage at the time of sale, then a number of factors must be analyzed to determine the gain or loss. IRS Publication 523 has complete details on Selling Your Home. In this recent, associated blog posting, we provide a quick overview of how to determine a gain or loss on the sale of a home.

Scenario #2
If the church is the 100% owner of the parsonage at the time of sale, then the gain or loss would be reported by the church, a non-profit organization, on its accrual basis (U.S. GAAP) prepared financial statements. If the church uses the cash or the modified cash basis of accounting, the gain or loss would likely not need to be reported on the financial statements.

From a tax standpoint, as long as the church does not regularly participate in the business of selling property, a gain on the sale of a parsonage would not be taxable. However, if a church frequently sells property and is in the business of selling property to a customer, the church will be subject to UBIT (Unrelated Business Income Tax). Non-profit organizations fall subject to UBIT when sources of revenue do not match the exempt purposes of the church.

To learn more about how a non-profit organization should treat gains or profits, read this blog post that we published a few weeks ago:

"Net Income" Rules for a Non-Profit

Scenario #3
If at the time of sale the minister owns 50% of the parsonage and the church owns 50% of the parsonage, this is considered joint ownership. Careful reconciliation and review of the original purchase documents is required to determine the correct allocation of gain or loss between the minister and church. The minister reports his portion of the gain on his personal tax return (if he does not meet the exception to exclude the gain), and the church reports its portion of the gain or loss similar to what is outlined in Scenario #2.

August 02, 2014

How to Determine a Gain or Loss on Sale of Personal Residence

Question:

Does a minister need to report the gain or loss on the sale of his personal residence?

Answer:

IRS Publication 523 has complete details on Selling Your Home, but we will provide a quick overview.

The minister must know the selling price, the amount realized, and the adjusted basis in order to determine the gain or loss. The following formula can be used by a resident to determine his or her gain or loss:

  Selling Price
- Selling Expenses
= Amount realized
- Adjusted basis
= Gain or loss

The selling price is the total amount the minister receives for the home.

The amount realized is found by subtracting selling expenses from the selling price. Some common selling expenses include commissions and fees that were directly related to the sale of the home.

The adjusted basis consists of the increases or decreases of value that the home has incurred over the period of ownership by the resident. Look at IRS Publication 523 for instructions on how to determine the adjusted basis of a home.

The gain or loss is the difference between the amount realized and the adjusted basis. If the difference is a positive number, then there is a gain; if the difference is a negative number, then there is a loss. Generally, a gain on the sale of a home is taxable while a loss is not deductible. However, like most tax rules, there are exceptions!

According to 26 U.S. Code § 121, “Gross income shall not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer’s principal residence for periods aggregating 2 years or more.”

The code goes on to explain that a single individual can exclude the gain up to $250,000, while a husband and a wife who file a joint return can exclude up to $500,000 of the gain.

In order to qualify for this special exclusion of gain, residents must meet the ownership test and the use test. This means that during the 5-year period ending on the date of the sale, the resident must have owned the home for at least two years (the ownership test) and lived in the home as a main home for at least two years (the use test). Also, the resident must not have excluded gain from the sale of another home during the 2-year period ending on the date of the sale. Details and exceptions to these tests can be viewed in IRS Publication 523.