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Clergy housing allowance

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204:, and utilities. Clergy may legitimately include housing costs such as cost of buying or renting a home, real estate taxes, mortgage interest, condo or co-op fees, homeowners association dues, heat, electricity, basic telephone service, water, sewage, furniture, appliances, dishes, cookware, rugs, pictures, curtains, bedspreads, sheets, towels, insurance on the home and its contents, home improvements, home repairs and maintenance, home cleaning, snow removal, and lawn mowing. 285:
ruled on the law exempting clergy housing allowances from income tax, saying that its effect was to "neither to endorse nor to inhibit religion". The Court of Appeals affirmed that Congress has the power to provide federal tax exemptions for religious organizations and that Congress has done so since
60:
In order to qualify, the clergy must be duly ordained, commissioned, or licensed by a religious body constituting a church or church denomination or synagogue, and the clergy must be given the authority to conduct religious worship according to the prescribed tenets and practices of that religious
286:
at least 1802. The Court of Appeals stated that while any sort of financial interaction between a religious entity and the government may be considered a degree of entanglement, but the Establishment Clause of the United States Constitution is violated only with excessive entanglement.
187:
In the case of a widow of a deceased minister or rabbi, the tax-exclusion applies only if the housing allowance is designated with respect to a retirement plan representing compensation earned by the widow for the widow's past services that were in the exercise of ministry.
772: 133:
In order to qualify, the service must be performed for a church or synagogue or an integral agency of a religious organization. An integral agency of a religious organization is generally one where several of the following apply.
264:, "Congress shall make no law respecting an establishment of religion", because the law "does not have a secular purpose or effect and because a reasonable observer would view the statute as an endorsement of religion". 215:
After year-end, the church or religious organization must provide a written notice indicating the total amount of clergy housing allowance for the year; using box 14 of a Form W-2 is an example of such a written notice.
91:
the administration, maintenance, direction, management, or promotion of religious organizations and their integral agencies under the authority of a religious body constituting a church or church denomination or
164:
Services performed as an employee of the United States, the District of Columbia, a foreign government, or any of their political subdivisions, even if performing sacerdotal functions or conducting religious
51:
In the United States, the rental value of a home furnished to, or the rental allowance paid to, a minister of the gospel or rabbi is not included in his or her taxable income if certain conditions are met.
184:, may designate a portion of the compensation as a clergy housing allowance, and this amount is excluded from taxable income to the extent it is used for expenses directly related to providing a home. 267:
The ruling only affects tax-free compensation paid to clergy, which the clergy uses to pay for the clergy's own home. The ruling does not affect housing actually owned by, or leased by, a church.
177:
Retired clergy are also eligible to claim the exclusion for the housing allowance because the Internal Revenue Service deems clergy housing allowance as compensation for past services as clergy.
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of the plaintiff and not to the merits of the case, the same case, with minor revision, was reinstituted by the Freedom From Religion Foundation in the same federal district court in 2017.
315: 180:
The tax-exclusion for clergy housing allowance also applies to retired clergy. A retired minister or rabbi who receives compensation for past services, such as withdrawals from an
207:
The minister's or rabbi's total compensation, including salary, fringe benefits, and clergy housing allowing, cannot exceed reasonable compensation for the services performed.
250:
to the Seventh Circuit Court of Appeals. The Court reversed the decision, ruling that the plaintiff did not have standing; therefore the tax-free status remained unchanged.
731: 755: 712: 674: 639: 282: 260:
On October 6, 2017, the federal judge struck down the clergy housing allowance, ruling that the law is an unconstitutional violation of the First Amendment's
688: 656: 240: 583: 789: 399:. Legal Information Institute. Cornell University Law School. August 16, 1954. Amended on May 20, 2002. Accessed on March 29, 2016. 122: 817: 126: 822: 235:, the Federal District Court of the Western District of Wisconsin issued a decision holding that the allowance violated the 244: 369: 147:
The integral agency has trustees or directors that are approved by, and may be removed by, the church or synagogue;
118: 750: 464: 156:
The integral agency in the event of its dissolution, would turn over its assets to the church or synagogue.
812: 150:
The integral agency is required to report its finances and general operations to the church or synagogue;
827: 447:
Publication 517: Social Security and Other Information for Members of the Clergy and Religious Workers
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for 180 days pending resolution of any appeals, so the effect of the decision was not yet in effect.
578: 144:
The integral agency is continuously controlled, managed, and maintained by a church or synagogue;
36: 219:
Clergy housing allowance is not generally subject to income tax, but it is generally subject to
261: 236: 141:
The integral agency has an incorporated name indicating a church or synagogue relationship;
634: 220: 8: 509:. Legal Information Institute. Cornell University Law School. Retrieved October 25, 2017. 492:. Legal Information Institute. Cornell University Law School. Retrieved October 25, 2017. 275: 672:"Gaylor, Barker, Gaylor, and Freedom from Religion Foundation v. Mnuchin and Koskinen". 196:
The home must actually be used as a home by the clergy. The allowance cannot exceed the
502: 736: 693: 197: 96: 32: 751:
Gaylor, Barker, Gaylor, and Freedom from Religion Foundation v. Mnuchin and Koskinen
708:
Gaylor, Barker, Gaylor, and Freedom from Religion Foundation v. Mnuchin and Koskinen
503:
Treasury Regulation Section 1.1402(c)-5: Ministers and members of religious orders
485: 707: 598:
Understanding the Parsonage Allowance Part 2: Calculating the Parsonage Allowance
392: 316:"Ministers' Compensation & Housing Allowance | Internal Revenue Service" 109:
duties of clergy performed as an employee of the United States (other than as a
254: 806: 231:
In November 2013, the clergy housing allowance faced judicial opposition. In
69: 617: 446: 418: 295: 247: 201: 64:
The allowance must be for the minister's or rabbi's services performed:
271: 114: 618:
Publication 1828: Tax Guide for Churches & Religious Organizations
597: 657:
Why a former minister is challenging churches' tax privileges in US
110: 103: 732:
Tax Free Housing Benefits For Clergy Will Be Safe For The Present
76: 536:
Revenue Ruling 63-156, 1963-2 C.B. 79. Internal Revenue Service.
342: 153:
The integral agency is supported by the church or synagogue; and
790:
Clergy housing allowance is constitutional, appeals court rules
486:
Treasury Regulation Section 1.107-1: Rental value of parsonages
181: 138:
The integral agency is incorporated by the church or synagogue;
563:
Internal Revenue Service Private Letter Ruling 8404101 (1984).
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in the exercise of duties as required by the religious order;
40: 370:"Here's why rabbis can keep their housing expenses tax free" 55: 270:
On December 13, 2017, the federal judge ordered that any
689:
Clergy Housing Tax Break Ruled Unconstitutional - Again
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Services performed as an employee of a public hospital.
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United States Court of Appeals for the Seventh Circuit
713:
United States Court of Appeals for the Seventh Circuit
675:
United States Court of Appeals for the Seventh Circuit
640:
United States Court of Appeals for the Seventh Circuit
283:
United States Court of Appeals for the Seventh Circuit
226: 773:
Federal appeals court OKs tax-free housing for clergy
419:
Publication 15-A: Employer's Supplemental Tax Guide
95:in the exercise of the minister's profession as a 804: 584:Evangelical Council for Financial Accountability 465:"US rabbis' housing expenses to remain tax free" 602:Joint Retirement Board for Conservative Judaism 651: 649: 726: 724: 722: 635:Freedom from Religion Foundation, Inc. v. Lew 233:Freedom From Religion Foundation, Inc. v. Lew 393:U.S. Code § 107 - Rental value of parsonages 646: 191: 719: 554:Internal Revenue Service Rev. Rul. 72-249. 545:Internal Revenue Service Rev. Rul. 63-156. 210: 767: 765: 612: 610: 495: 56:Qualifying clergy and services performed 573: 571: 569: 480: 478: 364: 362: 360: 358: 356: 160:The following services do not qualify: 16:Unataxable income for clergy in America 805: 441: 439: 437: 435: 433: 431: 413: 411: 409: 407: 405: 387: 385: 383: 381: 379: 337: 335: 333: 331: 329: 102:teaching and administrative duties at 762: 681: 607: 223:unless the person is retired clergy. 788:Banks, Adelle M. (March 19, 2019). " 566: 475: 353: 88:writing religious books or articles; 428: 402: 376: 326: 227:Legal challenges to tax-free status 13: 253:Because the reversal pertained to 182:employer-sponsored retirement plan 14: 839: 643:. No. 14–1152. November 13, 2014. 462: 172: 43:in Canada and the United States. 771:Bauer, Scott (March 15, 2019). " 596:Smilowitz, Mitchell J. (2023). " 579:The Minister’s Housing Allowance 82:in the exercise of the ministry; 46: 782: 743: 700: 666: 627: 590: 557: 548: 539: 530: 521: 512: 587:. Retrieved December 24, 2017. 456: 308: 1: 818:Taxation in the United States 661:The Christian Science Monitor 518:Rev. Rul. 62-171, 1962-2 C.B. 301: 823:Housing in the United States 7: 289: 10: 844: 200:of the home, furnishings, 622:Internal Revenue Service 507:Internal Revenue Service 490:Internal Revenue Service 451:Internal Revenue Service 423:Internal Revenue Service 397:Internal Revenue Service 192:Qualifying housing costs 113:in the Armed Forces), a 21:clergy housing allowance 281:On March 15, 2019, the 99:practitioner or reader; 211:Reporting and taxation 104:theological seminaries 794:Religion News Service 469:www.timesofisrael.com 123:political subdivision 759:. December 13, 2017. 740:. December 23, 2017. 347:Reform Pension Board 262:establishment clause 237:Establishment Clause 127:District of Columbia 70:sacerdotal functions 23:(sometimes called a 777:The Washington Post 663:. October 20, 2017. 221:self-employment tax 25:parsonage allowance 813:Taxation in Canada 730:Reilly, Peter J. " 716:. October 6, 2017. 697:. October 7, 2017. 687:Reilly, Peter J. " 655:Bruinius, Harry. " 245:Justice Department 828:Housing in Canada 527:Rev. Rul. 72-606. 198:fair rental value 97:Christian Science 77:religious worship 35:paid to ordained 835: 797: 786: 780: 769: 760: 747: 741: 728: 717: 704: 698: 685: 679: 678:. April 6, 2016. 670: 664: 653: 644: 631: 625: 614: 605: 594: 588: 575: 564: 561: 555: 552: 546: 543: 537: 534: 528: 525: 519: 516: 510: 499: 493: 482: 473: 472: 460: 454: 443: 426: 415: 400: 389: 374: 373: 366: 351: 350: 339: 324: 323: 312: 29:rental allowance 843: 842: 838: 837: 836: 834: 833: 832: 803: 802: 801: 800: 787: 783: 770: 763: 748: 744: 729: 720: 705: 701: 686: 682: 671: 667: 654: 647: 632: 628: 615: 608: 595: 591: 576: 567: 562: 558: 553: 549: 544: 540: 535: 531: 526: 522: 517: 513: 500: 496: 483: 476: 461: 457: 444: 429: 416: 403: 390: 377: 368: 367: 354: 341: 340: 327: 314: 313: 309: 304: 292: 243:. However, the 241:First Amendment 229: 213: 194: 175: 58: 49: 17: 12: 11: 5: 841: 831: 830: 825: 820: 815: 799: 798: 781: 761: 742: 718: 699: 680: 665: 645: 626: 606: 589: 565: 556: 547: 538: 529: 520: 511: 494: 474: 463:Oster, Marcy. 455: 427: 401: 375: 352: 325: 306: 305: 303: 300: 299: 298: 291: 288: 228: 225: 212: 209: 193: 190: 174: 173:Retired clergy 171: 170: 169: 166: 158: 157: 154: 151: 148: 145: 142: 139: 131: 130: 107: 100: 93: 89: 86: 83: 80: 73: 61:organization. 57: 54: 48: 45: 15: 9: 6: 4: 3: 2: 840: 829: 826: 824: 821: 819: 816: 814: 811: 810: 808: 795: 791: 785: 778: 774: 768: 766: 758: 757: 752: 746: 739: 738: 733: 727: 725: 723: 715: 714: 709: 703: 696: 695: 690: 684: 677: 676: 669: 662: 658: 652: 650: 642: 641: 636: 630: 623: 619: 613: 611: 603: 599: 593: 586: 585: 580: 574: 572: 570: 560: 551: 542: 533: 524: 515: 508: 504: 498: 491: 487: 481: 479: 470: 466: 459: 452: 448: 442: 440: 438: 436: 434: 432: 424: 420: 414: 412: 410: 408: 406: 398: 394: 388: 386: 384: 382: 380: 371: 365: 363: 361: 359: 357: 348: 344: 338: 336: 334: 332: 330: 321: 317: 311: 307: 297: 294: 293: 287: 284: 279: 277: 273: 268: 265: 263: 258: 256: 251: 249: 246: 242: 238: 234: 224: 222: 217: 208: 205: 203: 202:appurtenances 199: 189: 185: 183: 178: 167: 163: 162: 161: 155: 152: 149: 146: 143: 140: 137: 136: 135: 128: 124: 120: 116: 112: 108: 105: 101: 98: 94: 90: 87: 84: 81: 78: 74: 71: 67: 66: 65: 62: 53: 47:United States 44: 42: 38: 34: 30: 26: 22: 793: 784: 776: 754: 745: 735: 711: 702: 692: 683: 673: 668: 660: 638: 629: 621: 601: 592: 582: 559: 550: 541: 532: 523: 514: 506: 497: 489: 468: 458: 450: 422: 396: 346: 319: 310: 296:Clergy house 280: 269: 266: 259: 252: 232: 230: 218: 214: 206: 195: 186: 179: 176: 159: 132: 63: 59: 50: 28: 24: 20: 18: 343:"Parsonage" 320:www.irs.gov 75:conducting 807:Categories 302:References 274:should be 272:injunction 119:possession 92:synagogue; 125:, or the 37:ministers 33:allowance 290:See also 255:standing 248:appealed 165:worship. 111:chaplain 31:) is an 624:. 2015. 453:. 2015. 425:. 2016. 239:of the 737:Forbes 694:Forbes 276:stayed 41:rabbis 115:state 27:or a 39:and 19:The 792:". 775:". 753:". 734:". 710:". 691:". 659:". 637:". 620:". 600:". 581:". 505:". 488:". 449:". 421:". 395:". 68:as 809:: 764:^ 721:^ 648:^ 609:^ 568:^ 477:^ 467:. 430:^ 404:^ 378:^ 355:^ 345:. 328:^ 318:. 121:, 117:, 796:. 779:. 749:" 706:" 633:" 616:" 604:. 577:" 501:" 484:" 471:. 445:" 417:" 391:" 372:. 349:. 322:. 129:. 106:; 79:; 72:;

Index

allowance
ministers
rabbis
sacerdotal functions
religious worship
Christian Science
theological seminaries
chaplain
state
possession
political subdivision
District of Columbia
employer-sponsored retirement plan
fair rental value
appurtenances
self-employment tax
Establishment Clause
First Amendment
Justice Department
appealed
standing
establishment clause
injunction
stayed
United States Court of Appeals for the Seventh Circuit
Clergy house
"Ministers' Compensation & Housing Allowance | Internal Revenue Service"


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