Rev. date: 01/01/2011
For income tax purposes, a licensed, commissioned, or ordained
minister is generally treated as a common law employee of his or her church,
denomination, or sect. There are, however, some exceptions such as traveling
evangelists who may be treated as independent contractors. If you are a minister
performing ministerial services, you are taxed on wages, offerings, and fees you
receive for performing marriages, baptisms, funerals, etc.
The services you perform in the exercise of your ministry are
generally subject to self-employment tax (social security and Medicare taxes).
See
Publication 517,
Social Security and Other Information for Members of the Clergy
and Religious Workers, for limited exceptions from self-employment tax.
Even though, for social security tax and Medicare tax purposes,
you are considered a self-employed individual in performing your ministerial
services, you may be considered an employee for income tax or retirement plan
purposes. For income tax or retirement plan purposes, some of your income may be
considered self-employment income and other income may be considered wages.
Depending on all the facts and circumstances, under common-law rules you are
considered either an employee or a self employed-person. Generally, you are an
employee if the church or organization has the legal right to control both what
you do and how you do it, even if you have considerable discretion and freedom
of action. For more information about the common-law rules, see
Publication 15-A,
Employer's Supplemental Tax Guide. If you are employed by a congregation for a salary, you are
generally a common-law employee and income from the exercise of your ministry is
considered wages for income tax purposes. However, amounts received directly
from members of the congregation, such as fees for performing marriages,
baptisms, or other personal services, are considered self-employment income.
If you itemize your deductions, you may be able to deduct certain
unreimbursed business expenses related to your services on
Form 1040, Schedule A,
Itemized Deductions. You may need to fill out
Form 2106,
Employee Business Expenses, and attach it to your
Form 1040,
U. S. Individual Income Tax Return. Refer to
Tax Topic 514 for information on Employee Business Expenses, and
Tax Topic 508
for information on the 2% of adjusted gross income limitation. For the offerings
or fees you receive for performing marriages, baptisms, funerals, etc., use
Form 1040 (Schedule C),
Profit or Loss From Business, or
Form 1040 (Schedule C-EZ),
Net Profit From Business, to report these earnings and expenses.
The gross income of a licensed, commissioned or ordained minister
does not include the fair rental value of a home (a parsonage provided), or a
housing allowance paid, as part of the minister's compensation for services
performed that are ordinarily the duties of the minister.
A minister who is furnished a parsonage may exclude from income
the fair rental value of the parsonage, including utilities. However, the amount
excluded cannot be more than the reasonable pay for the minister's services.
If you own your home, you may still claim deductions for mortgage
interest and real property taxes. If your housing allowance exceeds the lesser
of your reasonable salary, the fair rental value of the home, or your actual
expenses, you must include the amount of the excess as other income.
A minister who receives a housing allowance may exclude the allowance
from gross income to the extent it is used to pay expenses in providing a home.
Generally, those expenses include rent, mortgage interest, utilities, repairs,
and other expenses directly relating to providing a home. The amount excluded
cannot be more than the reasonable pay for the minister's services.
The minister's employing organization must officially designate
the allowance as a housing allowance before paying it to the minister.
The fair rental value of a parsonage or the housing allowance
is excludable from income only for income tax purposes. No exclusion applies for
self-employment tax purposes. For Social Security and Medicare tax purposes, a
duly ordained, licensed or commissioned minister is self-employed. This means
that your salary on Form W-2, the net profit on Schedule C or C-EZ, and your
housing allowance, less your employee business expenses are subject to
self-employment tax on
Form 1040 (Schedule SE),
Self-Employment Tax.
However, you can request an exemption from self-employment tax,
if you are conscientiously opposed to public insurance for religious reasons.
You cannot request exemption solely for economic reasons. To request the
exemption, file
Form 4361,
Application for Exemption From Self-Employment Tax for Use by
Ministers, Members of Religious Orders and Christian Science Practitioners, with the IRS. You must file it by the due date of your income
tax return (including extensions) for the second tax year in which you have net
earnings from self-employment of at least $400.00. This rule applies if any part
of your net earnings from each of the two years came from the performance of
ministerial services. The two years do not have to be consecutive tax years.
For more information, refer to
Publication 517,
Social Security and Other Information for Members of the Clergy
and Religious Workers.