2021 TAX RETURN PREPARATION - GuideStone

 
2021 TAX RETURN PREPARATION - GuideStone
Ministers’ Tax Guide for 2020 Returns

           2021
           TAX RETURN
           PREPARATION
           G U I D E

            Richard R. Hammar, J.D., LL.M., CPA
               Senior Editor, Church Law & Tax
2021 TAX RETURN PREPARATION - GuideStone
ACKNOWLEDGMENTS

    Both the author and Christianity Today’s Church Law & Tax Team would like to thank CPA Elaine
    Sommerville for her assistance with reviewing the material in the Guide.

    © Copyright 2021 Christianity Today International. Clergy Tax Return Preparation Guide by
    Richard R. Hammar. Used with permission.

    This publication is intended to provide a timely, accurate, and authoritative discussion of tax
    reporting compliance and the impact of recent changes in the tax laws. It is not intended as a sub-
    stitute for legal, accounting, or other professional advice. If legal, tax, or other expert assistance is
    required, the services of a competent professional should be sought. Although we believe this book
    provides accurate information, there may be changes resulting from IRS or judicial interpretations
    of the tax code, new tax regulations, or technical corrections that occurred after the printing of this
    edition that are not reflected in the text.

    Master Plan Tax Services of Flower Mound, Texas, reviewed the material in the Ministers’ Tax
    Guide. For additional information, visit MasterPlanTaxes.com.

2
Welcome to the 2021 Tax Return Preparation Guide (Ministers’
Tax Guide for 2020 Returns), written exclusively for pastors and
other ministers by noted CPA and attorney Richard Hammar.

The tax guide is made available as a free benefit to those we serve.

Each year, we mark it a privilege to provide this tax guide to our participants as
a resource when preparing their taxes. While this book addresses commonly
asked questions and forms, you can find more extensive information on the
IRS website, IRS.gov. While GuideStone® cannot offer tax or legal advice,
GuideStone is pleased to provide this information as a resource. For specific
advice, you should consult with your tax and legal advisors who are familiar
with the intricacies of ministerial taxes and your circumstances.

This tax guide serves as a tangible reminder of our vision to honor the Lord
by being a lifelong partner with our participants in enhancing their financial
security. You can refer your colleagues to GuideStone.org/TaxGuide for copies
of this booklet, in whole or in part, along with other helpful resources.

May the Lord richly bless you in the ministry you have received from Him!

Sincerely,

O.S. Hawkins
President
GuideStone

                                                                                     3
Table of Contents
     PART 1 Introduction                                                                                                                                             6
      How to Use This Guide..................................................................................................................................6
      Tax Highlights for 2020................................................................................................................................. 6
      Preliminary Questions................................................................................................................................... 7

     PART 2 Special Rules for Ministers                                                                                                                             10
      Who is a minister for federal tax purposes?...........................................................................................10
      Are ministers employees or self-employed for federal tax purposes?.............................................10
      Exemption from SECA................................................................................................................................. 11
      How do ministers pay their taxes?............................................................................................................12

     PART 3 Step-by-Step Tax Return Preparation                                                                                                                     14
      Tax Forms and Schedules........................................................................................................................... 14
      Form 1040....................................................................................................................................................... 14
          Step 1: Filing Status.............................................................................................................................. 14
          Step 2: Name and Address..................................................................................................................14
          Step 3: Dependents.............................................................................................................................. 14
          Step 4: Income....................................................................................................................................... 14
              Line 1. Wages, salaries, tips, etc................................................................................................ 14
          		     Housing Allowance.................................................................................................................. 16
                    Housing Expenses to Include in Computing Your Housing Allowance Exclusion..... 17
          		        How much should a church designate as a housing allowance?............................18
          		     Section 403(b) Retirement Plans...............................................................................................19
          			 Contribution Limits............................................................................................................19
          			 Minister’s Housing Allowance and Contribution Limits..................................19
          			 Taxation of Distributions from a 403(b) Plan.....................................................20
                    Salary Reduction Contributions (Section 402(g)).............................................. 21
          		     Qualified Scholarships............................................................................................................21
          		     Sale or Exchange of Your Principal Residence.................................................................22
              Lines 2a and 2b. Interest income: attach Schedule B if more than $1,500....................22
              Lines 3a and 3b. Dividend income: attach Schedule B if more than $1,500................. 22
              Lines 4a and 4b. IRA distributions...........................................................................................22
              Lines 5a and 5b. Pensions and annuities................................................................................ 22
              Lines 6a and 6b. Social Security benefits...............................................................................22
              Line 7. Capital gain (or loss).......................................................................................................23
              Line 8. Other income...................................................................................................................23
              Line 9. Total income.....................................................................................................................23
          Step 5: Adjustments to Income..........................................................................................................23
              Line 10b. Charitable deduction................................................................................................ 23
              Line 11. Adjusted gross income................................................................................................ 25
          Step 6: Tax Computation.................................................................................................................... 26
              Line 12. Itemized deduction or standard deduction..........................................................26
              Line 13. Qualified business income deduction....................................................................26
              Line 16. Compute tax.................................................................................................................. 26
          Step 7: Credits........................................................................................................................................ 26
              Lines 19 and 28. Child tax credit and additional child tax credit................................... 26
              Line 20 (Form 1040) Schedule 3 line 2. Credit for child and dependent care
              expenses: attach Form 2441...................................................................................................... 27
              Line 20 (Form 1040) Schedule 3 line 4. Retirement Savings Contributions
              Credit (Saver’s Credit).................................................................................................................. 27
          Step 8: Other Taxes.............................................................................................................................. 27
              Line 23 (Form 1040) Schedule 2 line 10. Other taxes........................................................ 27
          Step 9: Payments................................................................................................................................... 27
              Line 25. Federal income tax withheld.................................................................................... 27

4
Line 26. Estimated tax payments.............................................................................................28
            Line 27. Earned income credit (EIC)...................................................................................... 28
        Step 10: Refund or Amount You Owe............................................................................................ 29
        Step 11: Sign Here................................................................................................................................29

 Other Forms and Schedules......................................................................................................................29
   Schedule A.................................................................................................................................................. 29
     Step 1: Medical and Dental Expenses (lines 1–4).......................................................................29
     Step 2: Taxes You Paid (lines 5–7)...................................................................................................30
     Step 3: Interest You Paid (lines 8–10).............................................................................................30
     Step 4: Gifts to Charity (lines 11–14).............................................................................................. 31
     Step 5: Casualty and Theft Losses (line 15).................................................................................. 32
     Note: Job Expenses and Most Other Miscellaneous Deductions............................................32
  Schedule B.................................................................................................................................................33
     Step 1: Interest Income (lines 1–4)................................................................................................. 33
     Step 2: Dividend Income (lines 5–6).............................................................................................. 33
     Step 3: Foreign Accounts and Foreign Trusts (lines 7–8)......................................................... 33
  Schedule C................................................................................................................................................ 33
     Step 1: Introduction............................................................................................................................ 33
     Step 2: Income (lines 1–7)................................................................................................................. 33
     Step 3: Expenses (lines 8–27)........................................................................................................... 33
  Schedule SE ..............................................................................................................................................34
     Step 1: Part I (line 2)............................................................................................................................34
     Step 2: Part I (line 4)........................................................................................................................... 35
     Step 3: Part I (line 12)..........................................................................................................................35
  Form 8959 Additional Medicare Tax................................................................................................35
  Form 2106.................................................................................................................................................35

PART 4 Comprehensive Examples and Sample Forms                                                                                                               36
 Example One: Active Minister.................................................................................................................. 36
    Form W-2 from Church...................................................................................................................... 36
    Form W-2 from College...................................................................................................................... 36
    Schedule C.............................................................................................................................................. 36
    Schedule SE...........................................................................................................................................37
    QBI Deduction (Form 8995).............................................................................................................38
    Form 1040, Schedule 1, and Schedule 2......................................................................................... 38
    Sample Forms....................................................................................................................................... 40

 Example Two: Retired Minister................................................................................................................ 54
    Form 1099-R from GuideStone......................................................................................................... 54
    Schedule C............................................................................................................................................54
    Schedule SE...........................................................................................................................................55
    QBI Deduction (Form 8995)............................................................................................................. 55
    Form 1040, Schedule 1, and Schedule 2 .......................................................................................55
    Sample Forms....................................................................................................................................... 56

FEDERAL REPORTING REQUIREMENTS FOR CHURCHES                                                                                                                  66

      Find IRS forms, instructions, and publications at IRS.gov or call 1-800-TAX-FORM.                                                                              5
PART 1 Introduction
    All references in this publication to line numbers on               •   Repeals the deduction for personal exemptions
IRS forms are for the draft versions of the 2020 forms since            •   Eliminates the deduction for moving expenses as well as the
the final forms had not been released by the IRS as of the                  employer tax-free reimbursement
date of publication.
                                                                        •   Allows taxpayers to deduct an amount for cash charitable con-
                                                                            tributions up to 60% of adjusted gross income (AGI)
HOW TO USE THIS GUIDE                                                   •   Doubles the child tax credit and establishes a new family tax
     This book contains the basic information you need to com-              credit
plete your 2020 federal income tax return. It gives special atten-      •   Repeals most miscellaneous itemized deductions
tion to several forms and schedules and the sections of each form
                                                                        •   Limits the mortgage interest deduction for debt incurred after
most relevant to ministers. The companion resource — Federal
                                                                            November 2, 2017, to mortgages of up to $750,000 (previously
Reporting Requirements for Churches — helps churches comply
                                                                            $1 million)
with their federal tax reporting requirements.
                                                                        •   Caps the deduction for state and local income or sales taxes not
This guide is divided into the following sections:                          paid or accrued in a trade or business at $10,000
•   Part 1: Introduction — This section reviews tax highlights          •   Consolidates and repeals several education-related deductions
    for 2020 and presents several preliminary questions you                 and credits
    should consider before preparing your tax return.
                                                                        •   Broadened the use of section 529 plans for expenses below the
•   Part 2: Special Rules for Ministers — In this section, you
                                                                            college level of education
    learn whether or not you are a Minister for Tax Purposes,
    whether you are an employee or self-employed for both income        •   Modifies the Alternative Minimum Tax (AMT) to make it apply
    tax and Social Security purposes, and how you pay your taxes.           to fewer taxpayers
•   Part 3: Step-by-Step Tax Return Preparation — This sec-             •   Modifies the estate and generation-skipping transfer taxes to
    tion explains how to complete the most common tax forms                 exempt most taxpayers
    and schedules for ministers.
•   Part 4: Comprehensive Examples and Sample Forms —                   2. Other tax changes of interest to ministers
    This section shows a sample tax return prepared for an ordained        and church staff
    minister and spouse and for a retired minister and spouse.               There were several tax developments in prior years that
•   Federal Reporting Requirements for Churches — This                  affect tax reporting by both ministers and churches for 2020 and
    resource provides assistance to churches (especially treasurers     future years. Here is a rundown of some of the key provisions:
    and bookkeepers) in filing federal tax forms.
                                                                        •   You may be able to claim the earned income credit (EIC)
                                                                            for 2020 if (1) you do not have a qualifying child and you
TAX HIGHLIGHTS FOR 2020                                                     earned less than $15,820 ($21,710 if married filing jointly
                                                                            (MFJ)); (2) a qualifying child lived with you and you earned
1. The Tax Cuts and Jobs Act of 2017 (TCJA)
                                                                            less than $41,756 ($47,646 if MFJ); (3) two qualifying
    On December 22, 2017, President Donald Trump signed into
                                                                            children lived with you and you earned less than $47,440
law the $1.5 trillion Tax Cuts and Jobs Act of 2017 (TCJA). In brief,
                                                                            ($53,330 if MFJ); or (4) three or more qualifying children
the Act amends the Internal Revenue Code to reduce tax rates and
                                                                            lived with you and you earned less than $50,954 ($56,844 if
modify credits and deductions for individuals and businesses.
                                                                            MFJ). The maximum EIC for 2020 is (1) $538 with no quali-
With respect to individuals, the Act does the following:                    fying child; (2) $3,584 with one qualifying child; (3) $5,920
•   Replaces the seven existing tax brackets (10%, 15%, 25%, 28%,           with two qualifying children; and (4) $6,660 with three or
    33%, 35%, and 39.6%) with seven new and lower brackets (10%,            more qualifying children.
    12%, 22%, 24%, 32%, 35%, and 37%)                                   •   For contributions in 2020 to a Traditional Individual Retire-
•   Substantially increases the standard deduction, thereby sig-            ment Account (IRA), the deduction phaseout range for an
    nificantly reducing the number of taxpayers who will itemize            individual covered by a retirement plan at work begins at
    deductions                                                              income of $104,000 for joint filers and $65,000 for a single

6
person or head of household. These are 2020 amounts that                  Gaylor v. Mnuchin, 919 F.3d 420 (7th Cir. 2019).
    increase to $105,000 for joint filers and $66,000 for a single       •    In the CARES Act of 2020, Congress enacted a provision in
    person or head of household for 2021.                                     the legislation that allows non-itemizers an above-the-line
•   The dollar limit on annual elective deferrals an individual               qualified charitable deduction of up to $300 for charitable
    may make to a 403(b) retirement plan is $19,500 for 2020.                 contributions.
    It remains at $19,500 for 2021.
•   The catch-up contribution limit on elective deferrals to a           PRELIMINARY QUESTIONS
    403(b) retirement plan for individuals who had attained age
    50 by the end of the year was $6,500 for 2020. For 2021, the             Below are several questions you should consider before
    limit remains at $6,500.                                             preparing your 2020 federal tax return.
                                                                              Q. Must ministers pay federal income taxes?
•   The IRS has announced that it will not issue private letter
    rulings addressing the question of “whether an individual                 A. Yes. Ministers are not exempt from paying federal
    is a minister of the gospel for federal tax purposes.” This                  income taxes.
    means taxpayers will not be able to obtain clarification                  Q. How much income must I earn to be required
    from the IRS in a letter ruling on their status as a minister                to file a tax return?
    for any one or more of the following matters: (1) eligibility             A. Generally, ministers are required to file a federal
    for a parsonage exclusion or housing allowance; (2) eligi-                   income tax return if they have earnings of $400 or
    bility for exemption from self-employment taxes (SECA);                      more to report their SECA. Different rules apply to
    (3) self-employed status for Social Security; or (4) exemp-                  ministers who are exempt from SECA.
    tion of wages from income tax withholding. The IRS also                   Q. What records should I keep?
    has announced that it will not address “whether amounts
                                                                              A. You should keep all receipts, canceled checks,
    distributed to a retired minister from a pension or annuity
                                                                                 and other evidence to prove amounts you claim as
    plan should be excludible from the minister’s gross income                   deductions, exclusions, or credits. Documentation
    as a parsonage allowance.”                                                   should be maintained for six years from the time
                                                                                 you file your tax return.
•   The standard business mileage rate was 57.5 cents per mile
    for business miles driven during 2020. The standard busi-                 Q. What is the deadline for filing my federal
    ness mileage rate for 2021 is 56 cents per mile.                             income tax return?
•   Many churches employ retired persons who are receiving                    A. The instructions to Form 1040 state that the dead-
                                                                                 line for filing Form 1040 for the 2020 tax year is
    Social Security benefits. Persons younger than full retire-
                                                                                 April 15, 2021. As of this publication there are no
    ment age may have their Social Security retirement benefits                  congressional or executive discussions to extend
    cut if they earn more than a specified amount. Full retire-                  this deadline.
    ment age (the age at which you are entitled to full retire-
    ment benefits) for persons born in 1943–1954 is 66 years.                 Q. What if I am unable to file my tax return by the
                                                                                 deadline?
    If you are under full retirement age for the entire year, $1 is
    deducted from your benefit payments for every $2 you earn                 A. You can obtain an automatic six-month extension
    above the annual limit. For 2021 that limit is $18,960. In the               (from April 15 to October 15, 2021) to file your
                                                                                 2020 Form 1040 if you file Form 4868 by April 15,
    year you reach full retirement age, your monthly benefit
                                                                                 2021, with the IRS service center for your area.
    payments are reduced by $1 for every $3 you earn above                       Your Form 1040 can be filed at any time during
    a different limit. For 2021 that limit is $50,520 ($4,210 per                the six-month extension period. An extension
    month), but only earnings before the month you reach full                    relieves you from only the obligation to file
    retirement age are counted.                                                  your return; it is not an extension of the obli-
                                                                                 gation to pay your taxes. You must make an
•   Will Congress give ministers another opportunity to revoke                   estimate of your tax for 2020 and pay the estimated
    an exemption from Social Security? It does not look likely, at               tax with your Form 4868.
    least for now. No legislation is pending that would provide
                                                                              Q. Should I prepare my own tax return?
    ministers with this option.
                                                                              A. The answer depends on your ability and experi-
•   In March 2019, a three-judge panel of a federal appeals                      ence in working with financial information and in
    court (the Seventh Circuit Court of Appeals) unanimously                     preparing tax returns. Keep in mind: Ministers’
    affirmed the constitutionality of the housing allowance.                     taxes present a number of unique rules, but these

                              Find IRS forms, instructions, and publications at IRS.gov or call 1-800-TAX-FORM.                        7
rules are not complex. Many ministers will be able
       to prepare their own tax returns if they understand
       the unique rules that apply. These rules are summa-
       rized in this document. Easily accessible tax software
       will also accommodate the unique rules applicable
       to ministers, but it does not relieve a minister from
       understanding the rules in order to accurately utilize
       the software. On the other hand, if you experienced
       unusual events in 2020, such as the sale or purchase
       of a home or the sale of other capital assets, it may
       be prudent to obtain professional tax assistance. The
       IRS provides a service called Taxpayer Assistance,
       but it is not liable in any way if its agents provide
       you with incorrect answers to your questions. Free
       taxpayer publications are available from the IRS, and
       many of these are helpful to ministers.

    ➤ Recommendation: If you need professional assistance,
      here are some tips that may help you find a competent
      tax professional:
       •   Ask other ministers in your community for their
           recommendations.
       •   If possible, use tax professionals such as a certi-
           fied public accountant (CPA) or an enrolled agent
           (EA) who specializes in tax law and who is familiar
           with the rules that apply to ministers. A CPA has
           completed a rigorous educational program, and
           both CPAs and EAs have passed exams. Both must
           keep up continuing education and are subject
           to strict ethical requirements. However, the tax
           law is broad and complicated, so it should not be
           assumed that all CPAs or EAs are familiar with the
           unique rules applicable to ministers.
       •   Ask local tax professionals if they work with min-
           isters and, if so, with how many.
       •   Ask local tax professionals a few questions to test
           their familiarity with ministers’ tax issues. For
           example, ask whether ministers are employees or
           self-employed for Social Security. Anyone familiar
           with ministers’ taxes will know that ministers are
           self-employed for Social Security with respect to
           their ministerial duties. Or ask a tax professional
           if a minister’s church salary is subject to income
           tax withholding. The answer is no, and anyone
           familiar with ministers’ taxes should be able to
           answer this question.

8
Find IRS forms, instructions, and publications at IRS.gov or call 1-800-TAX-FORM.   9
PART 2 Special Rules for Ministers
WHO IS A MINISTER FOR FEDERAL TAX                                     ARE MINISTERS EMPLOYEES OR SELF-
PURPOSES?                                                             EMPLOYED FOR FEDERAL TAX PURPOSES?
     + Key Point: The IRS has its own criteria for determining            + Key Point: Most ministers are employees for federal
         who is a Minister for Tax Purposes. The criteria the IRS             income tax purposes under the tests currently used by
         uses to determine who is a minister are not necessarily              the IRS and the courts and should receive a Form W-2
         the same as those used by churches and denominations.                from their church reporting their taxable income. How-
         Whether or not one qualifies as a Minister for Tax Pur-              ever, ministers are self-employed for Social Security
         poses is a very important question, since special tax and            (with respect to services they perform in the exercise
         reporting rules apply to ministers under federal tax law.            of their ministry).
         These rules include:
                                                                           Ministers have a dual tax status. For federal income taxes
         •   Eligibility for housing allowances                       they ordinarily are employees, but for Social Security they are
                                                                      self-employed with regard to services performed in the exercise
         •   Self-employed status for Social Security
                                                                      of their ministry. These two rules are summarized below:
         •   Exemption of wages from income tax withholding
             (ministers use the quarterly estimated tax proce-             1. Income taxes. For federal income tax reporting, most
             dure to prepay their taxes, unless they elect volun-     ministers are employees under the tests currently used by the
             tary withholding)                                        IRS. This means that they should receive a Form W-2 from
         •   Eligibility, under very limited circumstances, to        their church at the end of each year (rather than a Form 1099).
             exempt themselves from SECA                              Formerly, it meant that they reported their employee business
                                                                      expenses on Schedule A rather than on Schedule C. (The deduc-
    These special rules apply only to persons qualifying as           tion for employee business expenses as Miscellaneous Item-
a minister and with respect to compensation received in the           ized Deductions on Schedule A is suspended through 2025, so
exercise of ministerial services.                                     employee business expenses are not deductible at this time.) A
                                                                      few ministers are self-employed, such as some traveling evan-
     - Example: Pastor J is an ordained minister employed by          gelists and some interim pastors. Also, many ministers who are
         a church. In addition, he works a second job for a secular   employees of a local church are self-employed for other pur-
         employer. Assume that Pastor J qualifies as a minister for   poses. For example, the minister of a local church almost always
         federal tax purposes. Since his church duties constitute     will be an employee but will be self-employed with regard to
         services performed in the exercise of his ministry, the      guest speaking appearances in other churches and services
         church can designate a portion of his compensation as        performed directly for individual members (such as weddings
         a housing allowance. However, the secular employer           and funerals).
         cannot designate any portion of Pastor J’s compensation
         as a housing allowance, since this work would not be the         - Example: Pastor B is a minister at First Baptist Church.
         exercise of ministry.                                                He is an employee for federal income tax reporting pur-
                                                                              poses with respect to his church salary. However, he is
     According to the IRS, ministers are individuals who are                  self-employed with respect to honoraria he receives for
duly ordained, commissioned, or licensed by a religious body                  speaking in other churches and for compensation church
constituting a church or church denomination. They are given                  members give him for performing personal services such
the authority to conduct religious worship, perform sacerdotal                as weddings and funerals. The church issues Pastor B a
functions, and administer ordinances or sacraments according                  Form W-2 reporting his church salary. Pastor B reports
to the tenets and practices of that church or denomination. If a              this amount as wages on line 1 of Form 1040. He reports
church or denomination ordains some ministers and licenses                    his compensation and expenses from the outside self-
or commissions others, anyone licensed or commissioned must                   employment activities on Schedule C.
be able to perform substantially all the religious functions of an
ordained minister to be treated as a Minister for Tax Purposes.           + Key Point: Most ministers will be better off financially
See IRS Publication 517.                                                      being treated as employees, since the value of various

10
fringe benefits will be tax free, the risk of an IRS audit       The deadline is the due date of the federal tax return for the
         is substantially lower, and reporting as an employee             second year in which a minister has net earnings from self-
         avoids the additional taxes and penalties that often             employment of $400 or more, any part of which comes from
         apply to self-employed ministers who are audited by              ministerial services. Further, the exemption is available only to
         the IRS and reclassified as employees.                           ministers who are opposed on the basis of religious consider-
                                                                          ations to the acceptance of benefits under the Social Security
    + Key Point: Ministers and other church staff members                 program (or any other public insurance system that provides
         should carefully review their Form W-2 to be sure it             retirement or medical benefits). A minister who files the exemp-
         does not report more income than was actually received           tion application may still purchase life insurance or participate
         or fail to report taxable benefits provided by the church.       in retirement programs administered by non-governmental
         If an error was made, the church should issue a cor-             institutions (such as a life insurance company). Additionally,
         rected tax form (Form W-2c).                                     the exemption does not require a minister to revoke all rights
                                                                          to Social Security benefits earned through his participation in
    The Tax Court test. The United States Tax Court has cre-
                                                                          the system through secular employment.
ated a seven-factor test for determining whether a minister is
an employee or self-employed for federal income tax reporting                  A minister’s opposition must be to accepting benefits under
purposes. The test requires consideration of the following seven          Social Security (or any other public insurance program) that are
factors: (1) the degree of control exercised by the employer over         related to services performed as a minister. Economic, or any
the details of the work; (2) which party invests in the facilities        other non-religious considerations, are not a valid basis for the
used in the work; (3) the opportunity of the individual for               exemption; neither is opposition to paying SECA.
profit or loss; (4) whether or not the employer has the right to              The exemption is effective only when it is approved by the
discharge the individual; (5) whether the work is part of the             IRS. Few ministers qualify for the exemption. Many younger
employer’s regular business; (6) the permanency of the rela-              ministers opt out of SECA without realizing that they do not
tionship; and (7) the relationship the parties believe they are           qualify for the exemption. A decision to opt out of SECA is
creating. Most ministers will be employees under this test.               irrevocable. But section 4.19.6.4.11.3 (02-13-2020) of the IRS
                                                                          Internal Revenue Manual explicitly recognizes that under
     2. Social Security. The federal tax code treats ministers as
                                                                          some conditions ministers who have exempted themselves from
self-employed for Social Security with respect to services per-
                                                                          SECA solely for economic reasons can revoke their exemption.
formed in the exercise of their ministry — even if they report their
                                                                          The IRS does have the authority to revoke a minister’s decision
income taxes as an employee. This means that ministers must
                                                                          to opt out of SECA if it is determined the decision is based on
pay SECA unless they have filed a timely exemption application
                                                                          economic reasons rather than theological reasons. Check with
(Form 4361) that has been approved by the IRS. As noted below,
                                                                          a tax attorney, CPA, or EA for additional information.
few ministers qualify for this exemption.
                                                                              An exemption from SECA applies only to compensation for
    + Key Point: While most ministers are employees for
                                                                          ministerial services. Ministers who have exempted themselves
         federal income tax reporting purposes, they are self-
                                                                          from SECA must pay Social Security taxes on any non-ministerial
         employed for Social Security with respect to services
                                                                          compensation they receive. And they remain eligible for Social
         they perform in the exercise of their ministry. This
                                                                          Security benefits based on their non-ministerial employment,
         means that ministers are not subject to the employee’s
                                                                          assuming that they have worked enough quarters. Generally, 40
         share of Social Security and Medicare taxes (FICA), even
                                                                          quarters are required. Also, the Social Security Administration
         though they report their income taxes as employees
                                                                          (SSA) has informed the author of this text that ministers who
         and receive a Form W-2 from their church. A minister’s
                                                                          exempt themselves from SECA may qualify for Social Security
         Form W-2 should not report any amounts in Boxes 3, 4,
                                                                          benefits (including retirement and Medicare) on the basis of
         5, and 6. Rather, they pay SECA by completing Schedule
                                                                          their spouse’s coverage, if the spouse had enough credits.
         SE with their Form 1040.
                                                                               + Key Point: The amount of earnings required for a
EXEMPTION FROM SECA                                                                quarter of coverage in 2021 is $1,470. A quarter of cov-
                                                                                   erage is the basic unit for determining whether a worker
    If ministers meet several requirements, they may exempt
                                                                                   is insured under the Social Security program.
themselves from SECA with respect to their ministerial earn-
ings. Among other things, the exemption application (Form                      + Key Point: Ministers who work after they retire must
4361) must be submitted to the IRS within a limited time period.                   continue to pay SECA on their ministerial income and

                               Find IRS forms, instructions, and publications at IRS.gov or call 1-800-TAX-FORM.                        11
wages (unless they exempted themselves from SECA as a        •   Enroll in the Electronic Federal Tax Payment System®
         minister and they are employed in a ministerial capacity).       (EFTPS) at EFTPS.gov and establish an online account to
         However, amounts received from retirement plans                  be used to submit payments. You may also use IRS.gov/
         related to ministerial services are not subject to SECA.         Payments to submit payments.
                                                                         Step 2. Compute your estimated tax for 2021 using the
HOW DO MINISTERS PAY THEIR TAXES?                                     Form 1040-ES worksheet. Ministers’ quarterly estimated tax
                                                                      payments should take into account both income taxes and
     + Key Point: Ministers must prepay their income taxes            SECA.
         and SECA using the estimated tax procedure, unless               Step 3. Pay one-fourth of your total estimated taxes for 2021
         they have entered into a voluntary withholding arrange-      in each of four quarterly installments as follows:
         ment with their church with respect to federal income
         tax only.
                                                                       For the Period                      Due Date
     As noted above, ministers’ wages are exempt from federal          January 1–March 31                  April 15, 2021
income tax withholding. This means that a church may not with-         April 1–May 31		                    June 15, 2021
hold income taxes from a minister’s paycheck without specific
                                                                       June 1–August 31		                  September 15, 2021
written permission. And, since ministers are self-employed
for Social Security with respect to their ministerial services, a      September 1–December 31             January 18, 2022
church does not withhold the employee’s share of FICA from
a minister’s wages. Ministers must prepay their income taxes              You must send each payment to the IRS accompanied by
and SECA using the estimated tax procedure, unless they enter         one of the four payment vouchers contained in Form 1040-ES.
into a voluntary withholding arrangement with their church.           If enrolled in the EFTPS system, all four payments may be
Estimated taxes must be paid in quarterly installments. If your       prescheduled for automatic payment at the scheduled dates. A
estimated tax paid for the current year is less than your actual      refund associated with an overpayment of your taxes for 2020
tax, you may have to pay an underpayment penalty. You can             may be applied to your estimated tax payments due for 2021.
amend your estimated tax payments during the year if your cir-
cumstances change. For example, if your income or deductions              s Warning: If your 2020 tax return is not completed by
increase unexpectedly, you should refigure your estimated tax                  April 15, 2021, you must go ahead and begin making
liability for the year and amend your remaining quarterly pay-                 your estimated tax payments to avoid potential under-
ments accordingly or submit additional payments.                               payment penalties. A tax refund on your 2020 tax return
                                                                               can be used to adjust any estimated tax payment not
     You will need to make estimated tax payments for 2021
                                                                               made at the time of the filing of the return. Do not wait
if you expect to owe at least $1,000 in tax for 2021 after sub-
                                                                               until your 2020 return is completed to determine and
tracting your withholding and credits and if you expect your
                                                                               pay your 2021 estimated tax payments.
withholding and credits to be less than the smaller of (1) 90%
of the tax to be shown on your 2021 tax return or (2) 100% of
                                                                           Step 4. After the close of 2021, compute your actual tax
the tax shown on your 2020 tax return (110% if AGI exceeds
                                                                      liability on Form 1040. Only then will you know your actual
$150,000 or, if married filing separately, more than $75,000).
                                                                      income, deductions, exclusions, and credits. If you overpaid
Your 2020 tax return must cover all 12 months.
                                                                      your estimated taxes (that is, actual taxes computed on Form
   The four-step procedure for reporting and prepaying esti-          1040 are less than all of your estimated tax payments plus any
mated taxes for 2021 is summarized below.                             withholding), you can elect to have the overpayment credited
                                                                      against your first 2022 quarterly estimated tax payment or spread
     Step 1. Estimated tax payments may be paid using either of       it out in any way you choose among any or all of your next four
the following methods:                                                quarterly installments. Alternatively, you can request a refund of
•    Obtain a copy of IRS Form 1040-ES for 2021 before April 15,      the overpayment. If you underpaid your estimated taxes (that is,
     2021. You can obtain forms by calling the IRS toll-free forms    your actual tax liability exceeds the total of your estimated tax
     hotline at 1-800-TAX-FORM (1-800-829-3676) or from               payments plus any withholding), you may have to pay a penalty.
     the IRS website (IRS.gov). If you paid estimated taxes last
     year, you should receive a copy of your 2021 Form 1040-ES in         + Key Point: Ministers who report their income taxes
     the mail with payment vouchers preprinted with your name,                 as employees can request that their employing church
     address, and Social Security number (SSN).                                voluntarily withhold income taxes from their wages.

12
Simply furnish the church with a completed Form W-4
Employee’s Withholding Certificate or other written
authorization. Since ministers are not employees for
Social Security with respect to ministerial compensation,
the church does not withhold the employee’s share of
FICA. However, ministers can request on Form W-4 (line
4c) that an additional amount of income tax be withheld
to cover their estimated SECA liability for the year. The
excess income tax withheld is a credit that is applied
against the minister’s SECA liability. Many churches
understandably withhold FICA in addition to income
taxes for a minister who requests voluntary withholding.
Such withholding must be reported as income tax with-
held. Withholding income tax is a preferential method of
paying taxes, since it is considered to have been equally
paid throughout the year, no matter the date it is actu-
ally withheld. This means withholding can be adjusted
later in the year, and it is treated as if it was paid evenly
throughout the year, thus avoiding potential underpay-
ment penalties.

                       Find IRS forms, instructions, and publications at IRS.gov or call 1-800-TAX-FORM.   13
PART 3 Step-by-Step Tax Return Preparation
                                                                       a joint return for 2020 with the same spouse, be sure to enter
TAX FORMS AND SCHEDULES                                                your names and SSNs in the same order as on your 2019 return.
     This step-by-step analysis covers these forms and schedules:          If you plan to move after filing your return, use Form 8822
Form 1040 is the basic document you will use. It summarizes all        to notify the IRS of your new address.
of your tax information. Details are reported on supplementary              If you (or your spouse) changed your name because of
schedules and forms.                                                   marriage, divorce, etc., be sure to report the change to the SSA
Schedule A is for itemized deductions for medical and dental           before filing your return. This prevents delays in processing
expenses, taxes, interest, certain disaster-related casualty losses,   your return and issuing refunds. It also safeguards your future
and charitable contributions.                                          Social Security benefits. If a name change with the SSA has not
                                                                       been completed, the name on file with the SSA must be used in
     + Key Point: Beginning with tax year 2018, no miscel-             filing your tax return.
         laneous itemized deductions that formerly were subject
         to a 2% of AGI limitation are allowed. This and other             Enter your P.O. Box number only if your Post Office™ does
         changes to Schedule A are addressed later in this guide.      not deliver mail to your home.
                                                                           For taxpayers with foreign mailing addresses, spaces have
Schedule B is for reporting dividend and interest income.              been added to include the name of the foreign country/prov-
Schedule C is for reporting your income and expenses from              ince/state and a foreign postal code.
business activities you conduct other than in your capacity as an          If you want $3 to go to the presidential election campaign
employee. Examples would be fees received for guest speaking           fund, check the box labeled “you”. If you are filing a joint return,
appearances in other churches or fees received directly from           your spouse can also have $3 go to the fund (check “spouse”). If
members for performing personal services, such as weddings             you check a box, your tax or refund will not change.
and funerals.
Schedule SE is for reporting Social Security taxes due on your         Step 3: Dependents
self-employment income. Ministers use this schedule since they
                                                                            In the past, taxpayers were allowed a personal exemption
are deemed self-employed for Social Security with respect to
                                                                       for themselves and certain dependents. While personal exemp-
ministerial services (unless they have obtained an approved
                                                                       tions were repealed after 2017, it is still necessary to determine
Form 4361 from the IRS).                                               who qualifies as dependents and include them on the return.
     These forms and schedules, along with others, are included        Dependents determine various credits, such as the child tax
in the illustrated example in Part 4 of this guide. These forms        credit, as well as other tax-related items, such as educational
and schedules are the ones most commonly used by ministers.            credits, medical expenses, child care credit, and EIC, just to
You can obtain them by calling the IRS toll-free forms hotline         name a few.
at 1-800-TAX-FORM (1-800-829-3676). They also are avail-
able on the IRS website (IRS.gov).                                     Step 4: Income
                                                                           Several items of income are reported on lines 1–9 of Form
Form 1040                                                              1040, including amounts carried over from Schedule 1 lines
                                                                       1–9. The most important of these (for ministers) are discussed
Step 1: Filing Status                                                  below.

     Select the appropriate filing status from the five options            + Key Point: Some items, such as the housing allowance,
listed in this section of Form 1040.                                            are not reported as income. They are called exclusions
                                                                                and are explained below.
Step 2: Name and Address
                                                                       Line 1. Wages, salaries, tips, etc.
     Print or type the information in the spaces provided. If you
are married filing a separate return, enter your spouse’s name              As an employee, you should receive a Form W-2 from your
in the space provided in the “Filing Status” section at the top of     church reporting your wages at the end of each year. Report
Form 1040. If you filed a joint return for 2019 and you are filing     this amount on line 1.

14
Determining church wages or salary. Besides a salary,                     + Key Point: The IRS has ruled that disqualified per-
ministers’ wages reported on Form W-2 may include several                          sons receive automatic excess benefits resulting in
other items, including the following:                                              intermediate sanctions, regardless of amount, if they
   •   Bonuses                                                                     use church assets (vehicles, homes, credit cards, com-
   •   The cost of sending a minister to the Holy Land (if paid                    puters, etc.) for personal purposes or receive non-
       by a church)                                                                accountable expense reimbursements (not supported
   •   Most Christmas and special occasion offerings                               by adequate documentation of business purpose),
   •   Retirement gifts paid by a church                                           unless such benefits are reported as taxable income by
   •   The portion of a minister’s SECA paid by a church
                                                                                   the church on the disqualified person’s Form W-2 or by
   •   Personal use of a church-owned vehicle
                                                                                   the disqualified person on his or her Form 1040 for the
   •   Purchases of church property for less than fair market
                                                                                   year in which the benefits are provided. The concept of
       value
   •   Business expense reimbursements under a non-                                automatic excess benefits directly affects the compen-
       accountable plan                                                            sation practices of most churches and exposes some
   •   Imputed cost of group term life insurance coverage                          ministers and church board members to intermediate
       exceeding $50,000                                                           sanctions.
   •   Church reimbursements of a spouse’s travel expenses
       incurred while accompanying a minister on a business                  If some of these items were not reported on your Form
       trip (unless the spouse’s presence serves a legitimate            W-2, they still must be reported as income. Your church should
       business purpose and the spouse’s expenses are reim-              issue a corrected Form W-2 (Form W-2c) for the year in which
       bursed under an accountable arrangement)                          one or more items of taxable income were not reported on
   •   Discretionary funds established by a church for a min-            your Form W-2. If you receive a Form W-2c and have filed an
       ister to spend on current needs — if the minister is              income tax return for the year shown, you may have to file an
       allowed to distribute funds for his personal benefit or           amended return. Compare amounts on Form W-2c with those
       does not have to account for the funds in an arrange-             reported on your income tax return. If the corrected amounts
       ment similar to an accountable expense reimbursement
                                                                         change your U.S. income tax, file Form 1040X Amended U.S.
       plan
                                                                         Individual Income Tax Return with Copy B of Form W-2c to
   •   Imputed interest from below-market interest loans of
                                                                         amend the return you previously filed. You, the taxpayer, have
       at least $10,000 made by a church to a minister (some
       exceptions apply)                                                 the ultimate responsibility to report all taxable income even if
   •   Cancellation of a minister’s debt to a church                     your church does not properly report the income.
   •   Severance pay                                                          In addition to what is reported on Form W-2 (or Form W-2c),
   •   Payment of a minister’s personal expenses by the
                                                                         line 1 will also report the amount of excess housing allowance
       church
                                                                         (the amount by which the housing allowance exceeds the lesser
   •   Love gifts
                                                                         of the minister’s housing expenses or the fair rental value of the
   + Key Point: The IRS can assess intermediate sanctions in             minister’s home, furnished, plus utilities). IRS Publication 517
       the form of substantial excise taxes (i.e., monetary penal-       states: “Include this amount in the total on . . . Form 1040, line
       ties) against ministers who benefit from an excess benefit        1. On the dotted line next to line 1, enter ‘Excess allowance’
       transaction. Sanctions apply only to a minister who is a          and the amount.”
       “disqualified person” (meaning an officer, director, or
                                                                              Items not reported on line 1. Some kinds of income are
       other control party, as well as relatives of such persons).
                                                                         not taxable. These items are called exclusions. Most exclusions
       In some cases the IRS can assess additional penalties
       against members of a church board that approved an                apply in computing both income taxes and SECA. The housing
       excess benefit transaction. Excess benefit transactions           allowance is an example of an exclusion that applies only to
       may occur if a church pays a minister an excessive salary,        income taxes and not to SECA. Some of the more common
       makes a large retirement or other special occasion gift to        exclusions for ministers include:
       a minister, gives church property (such as a parsonage)
                                                                              Gifts. Gifts, as defined by the Internal Revenue Code and the
       to the minister, or sells church property to the minister at
                                                                              courts, are excludible from taxable income so long as they
       an unreasonably low price. Sanctions may be avoided if
       the compensation is approved by an independent board                   are not compensation for services. However, employers
       on the basis of outside comparable data such as indepen-               are not permitted to give tax-free gifts to employees. Like-
       dent compensation surveys or fair market evaluations                   wise, the IRS and the courts have ruled that gifts ministers
       and the basis for the board’s decision is documented.                  receive directly from members of their congregations may

                              Find IRS forms, instructions, and publications at IRS.gov or call 1-800-TAX-FORM.                         15
not always be excluded as gifts from taxable income. Before        of a highly compensated employee unless the benefits
     excluding gifts from taxable income, the minister should           provided under the program don’t favor highly compen-
     consult with a CPA, EA, or a tax attorney.                         sated employees. For this exclusion, a highly compensated
                                                                        employee for 2020 is an employee who received more than
     Life insurance and inheritances. Life insurance proceeds
                                                                        $125,000 in pay for 2019. For the 2021 plan year, it is an
     and inheritances are excludible from taxable income.
                                                                        employee who earns more than $130,000 in 2020. For more
     Income earned before distributions of proceeds is generally
                                                                        information on the earned income limit, see IRS Publica-
     taxable as income.
                                                                        tion 503.
     Employer-paid group life insurance. Employees may
     exclude the cost of employer-provided group term life              + Key Point: Some exclusions are available only to tax-
     insurance so long as the amount of coverage does not                   payers who report their income taxes as employees and
     exceed $50,000.                                                        not as self-employed persons. Many, however, apply to
                                                                            both employees and self-employed persons.
     Tuition reductions. School employees may exclude from
     their taxable income a qualified tuition reduction provided        There are four other exclusions that are explained below —
     by their employer. A qualified tuition reduction is a reduc-   the housing allowance, tax-sheltered annuities (TSAs), qualified
     tion in tuition charged to employees or their spouses or       scholarships, and sale of a home.
     dependent children by an employer that is an educational
     institution.                                                   Housing Allowance
     Lodging. The value of lodging furnished to a minister, i.e.,
                                                                        + Key Point: The housing allowance was challenged in
     a parsonage, is excluded from income. This exclusion is not
                                                                            federal court as an unconstitutional preference for reli-
     available in the computation of SECA. The value of lodging
                                                                            gion. In 2019, a federal appeals court rejected the chal-
     furnished to a non-minister employee on an employer’s
                                                                            lenge and affirmed the constitutionality of the housing
     premises and for the employer’s convenience may be
                                                                            allowance.
     excludible from taxable income if the employee is required
     to accept the lodging as a condition of employment.                 The most important tax benefit available to ministers who
                                                                    own or rent their homes is the housing allowance exclusion.
     Educational assistance. Amounts paid by an employer
                                                                    Ministers who own or rent their homes do not pay federal
     for an employee’s tuition, fees, and books may be exclud-
                                                                    income taxes on the amount of their compensation that their
     ible from the employee’s taxable income if the church has
                                                                    employing church designates in advance as a housing allow-
     adopted a written educational assistance plan. The exclu-
                                                                    ance, to the extent that (1) the allowance represents compen-
     sion may not exceed $5,250 per year.
                                                                    sation for ministerial services; (2) it is used to pay housing
     Employer-provided childcare. An employer can exclude           expenses; and (3) it does not exceed the fair rental value of
     from the employee’s wages the value of benefits provided       the home (furnished, plus utilities). Housing-related expenses
     to an employee under a dependent care assistance pro-          include mortgage payments, rent, utilities, repairs, furnishings,
     gram if (1) the care was provided so you (and your spouse      insurance, property taxes, additions, and maintenance.
     if filing jointly) could work or look for work; (2) the care
                                                                        A church cannot designate a housing allowance retroactively.
     was for one or more qualifying persons; (3) the person
     who provided the care wasn’t your spouse, the parent of            Some churches fail to designate housing allowances pro-
     your qualifying child, or a person whom you can claim as a     spectively and thereby deprive ministers of an important tax
     dependent. If your child provided the care, he or she must     benefit.
     have been age 19 or older by the end of 2020, and he or she        Ministers who live in a church-owned parsonage do not pay
     can’t be your dependent; and (4) you report the required       federal income taxes on the fair rental value of the parsonage.
     information about the care provider on line 1 (Form 2441).
     An employee can generally exclude from gross income up             $ Tax Tip: Ministers who live in a church parsonage and
     to $5,000 of benefits received under a dependent care assis-           incur any out-of-pocket expenses in maintaining the
     tance program each year. This limit is reduced to $2,500               parsonage (such as utilities, property taxes, insurance,
     for married employees filing separate returns. However,                furnishings, or lawn care) should be sure that their
     the exclusion can’t be more than the smaller of the earned             employing church designates in advance a portion of
     income of either the employee or the employee’s spouse.                their annual cash compensation as a parsonage allow-
     You can’t exclude dependent care assistance from the wages             ance. The amount so designated is not reported as

16
You can also read