Skip to main content

Benevolent Gifts to Employees (Emergency or Not?)

Question:

If a church issues benevolence assistance for an employee of the church is this considered taxable income to that employee? Additionally is the church required to pay the taxes on this benevolence assistance? The payment would not be issued directly to the employee but rather to a vendor on his/her behalf.

Answer:

Generally, gifts to an employee by an employer are taxable to an employee (reportable as such on Form W-2) and subject to the same employer taxes (i.e., matching FICA tax of 7.65 percent) that any other compensation entails. This is true regardless whether the payment is made directly to the employee or to another payee on the employee's behalf.

However, employees are also members of local congregations and ocassionally have emergency issues that a benevolent fund might respond to just as it would to any other recipient. These benevolent gifts are generally irregular and responsive to uniquely identified needs (e.g. a doctor's bill, a utility payment, or a plane ticket to attend a funeral). This is probably the rare exception to taxability of a payment from a church fund to a church employee that could avoid taxation.

On the other hand, if the payments are regular and intended to supplement an otherwise below market rate of compensation, it is my judgment that the regular payments on behalf of such an employee would certainly be taxable to the employee and subject to employer payroll taxes.

Comments

  1. Hi Corey,

    Thanks for writing on this topic. Do you have any sources you can reference to support your stance on this issue? I'd love to find something that supports the idea that even a rare exception can be made for a church employee receiving a benevolence disbursement and calling it nontaxable.

    ReplyDelete
  2. Situations such as yours are universally dependent on the specific facts and circumstances of each case. Resolution will likely require professional assistance.

    ReplyDelete

Post a Comment

Popular posts from this blog

Church Car Purchase for Pastor

Question: A church would like to purchase a car for the pastor's use. What is the best method to accomplish this goal? Should the car be titled in the pastor's name? What will be the tax consequences of this arrangement? Answer: The church has two main alternatives for this purchase:  Title the car in the pastor's name and reimburse him for business expenses Title it in the church's name and treat personal use as taxable compensation There are fewer immediate tax consequences for the latter. Since both are viable options, we will discuss both situations in this post. If the church chooses to give the car to the pastor and register it in his name, he is free to use it for whatever personal use he desires with no tax consequences. However, the fair value of the car is taxable as compensation at the time it is given to the pastor. Internal Revenue Code section 102(c) clearly states that gifts given to employees by their employers are taxable compensation. The...

Can Form 4361 be filed after the deadline?

Question:   Is it possible to opt out of Social Security after the 2-year deadline? Answer:  Unlike other employees, a licensed or ordained minister has the option to opt out of Social Security and Medicare (FICA). If a minister wants to opt out they must file Form 4361 by the tax deadline including extension, in the second year in which they have received ministerial income of $400 or more. This election is final, and the minister cannot opt back into FICA taxes.  At MinistryCPA, we have received questions from ministers who have exceeded the two year deadline and desire to opt-out. There have been several court cases which provide guidance in answering this question. Some have argued that the minister was unaware of the deadline, had mistakenly believed they had filed a timely election, were given incorrect advice by an IRS employee, or their opposition to participate in Social Security and Medicare did not arise until after the 2-year deadline had passed. In each of th...

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...