Skip to main content

May a Benevolent (Non-Taxable) Gift Be Given to a Guest Speaker?

Question: 

A church had a guest speaker fill the pulpit twice during the span of the year. For those two times, the speaker received a total of $1,000 in honorarium ($500 per Sunday). The church issued him a Form 1099-NEC for that amount. 

However, during the course of the year the speaker and his wife encountered substantial hardship. Is it permissible that the church choose to offer assistance to the speaker from its benevolent fund? Will a gift of this nature be taxable income to him?

Answer:

To determine whether the gift is considered taxable income in this case, let's consider the following.

1) The nature of the gift.
            The nature of the gift should be entirely benevolent. If the gift is given to supplement the less than fair value amount paid to the speaker for his services, or with the expectation he will speak again in the future, the gift is considered income and is taxable to the individual. Benevolent disbursements are not considered taxable income to the recipient as long as they are not given as compensation for services rendered to the church. 

2) To whom the gift is given.
            Careful disbursement of benevolent funds helps avoid the appearance of disguised compensation. The best practice is to distribute the funds directly to the need (e.g., a hospital) rather than to the individual. Alternatively, if it is the speaker's wife who was hospitalized and accumulated a large medical bill, the funds may be considered benevolence to her rather than to her husband, again helping to avoid the appearance of disguised compensation to the guest speaker. 

3) The process used by the church to determine benevolent disbursements.
            A system should be in place to ensure that benevolent funds that are disbursed on behalf of employees (or others who provide services to the church) are distributed in a manner identical to that of non-employees. Churches should have a process for members to communicate needs to church leaders. It is good practice for a group or committee of trusted and confidential members/leaders to make wise determinations of need and disbursement. Doing so will protect the church and its leaders from the appearance of favoritism and disguised compensation.

It is permissible for the church to extend a benevolent gift to the guest speaker and his wife. Also, the gift is not considered taxable income for the recipient considering the cautions mentioned above. 

Also see...



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...

How can my ministry expenses be covered by the church?

     How can my ministry expenses be covered?                            Many ministers use their personal autos for ministry purposes. Their employers can reimburse these costs using a standard mileage rate published by the IRS. The per mile rate represents employees’ entire reimbursable cost other than highway tolls and parking tabs. If not covered by use of the ministries’ credit card, other costs can be reimbursed as well—business and travel meals, lodging, office supplies, and professional library purchases among them. Some ministries reimburse travel costs using per-diems published by the IRS. If employee business expenses are not reimbursed, the personal tax deduction benefit to the individual minister is severely limited. Non-taxable reimbursements after documentation is provided to the employer follows IRS rules for accountable plans. Non-taxable cash advances before expenses are in...

What is the best retirement account for a Minister?

       What are my options for retirement savings?                  Regardless of options, start now! You probably have learned about traditional and Roth IRAs. We have often found them well short of the benefits we will share here regarding Internal Revenue Code section 403(b) plans. These plans must be established by your employer (although you might need to be the initiator). They are funded in two ways—withholding from your paycheck at your option (called “elective deferrals”) and as initiated by the employer (matching or non-elective contributions). These contributions not only save income tax, but they also reduce the income you must report as subject to the 15.3% SECA tax. Further, at retirement with the cooperation of your church or Christian ministry the distributions to you can be tax-free to the extent of your qualified housing expenses. Many ministries also adopt what are often called “FICA alternative” be...