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2010 Church and Clergy Tax Guide
2010 Church & Clergy Tax Guide

Get a better understanding of
U.S. tax laws as they relate to
pastors and churches with the
Church & Clergy Tax Guide


2010 compensation handbook
2010-2011 Compensation
Handbook for Church staff

James E. Cobble
Richard Hammer

Every church and its employees
want to feel confident that
their compensation plan is
reasonable and fair.

 

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Clergy Tax Facts

Clergy Dual Status

Employment Status for Other Tax Purposes

Even though for social security 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.

Common-law employee. Under common law rules, you are considered either an employee or a self-employed person depending on all the facts and circumstances. Generally, you are an employee if your employer 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.

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.

Example.
A church hires and pays you a salary to perform ministerial services subject to its control. Under the common-law rules, you are an employee of the church while performing those services.

Employee
For services provided to hiring entity (Church, Conferences, etc.)

Self-Employed
For services provided to other than the hiring entity (i.e. weddings, funerals, baptisms)