Administrative Assistance

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Online Articles - Staying Legal

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IRS Inquiries and Audit Restrictions

There is a fear of the IRS, and in may cases, rightfully so.  But the IRS cannot just arbitrarily “Come in” and investigate a church, unless they have a very good reason to do so.  EG – if the church withholds payroll taxes and then does not report and send those monies in  - this WILL get the IRS in bed with the church, and they then have their reason to look at everything else

Can The Pastor Do As He Likes?

The answer will be found within the church By-Laws.  Some churches have a ‘Democratic’ form of government, where the congregation [Membership] has all authority, while other churches are under virtual dictatorship by the pastor.  Church by-laws provide for Boards of Directors or Trustees; but what ‘rights’ the pastor has, is always defined in the By-Laws:

Social Security - Should The Minister Exempt?

Can [should] the minister file IRS Form 4361 and exempt from Social Security [SECA]?  Much counsel has been offered on this subject, but we offer an additional perspective on how to view, and make a decision on this important issue

Ministers Credentials and the IRS

The church has every theological right to ordain whom they will, and has historically done so.  But will the IRS allow him all the tax privileges?  Ministry who live and minister in the US are subject to US tax laws.

Reporting The Minister - W-2 or 1099?

There is great confusion over whether the Pastor is Self Employed, or a Staff Minister.  The answer is not simple, but YES - he is BOTH!  The one has to do with how taxes are paid, the other with how the church is required to report.

Cell Phone Use Policy

The practice of providing a Cell Phone to the Pastor, and or other employees, is a very big issue with the IRS.  It is also potentially a serious Liability problem.  Adopting a simple Policy would minimize both of these issues.

Ministries “Covered” By The Church

How can a church legally and spiritually cover an emerging ministry?  Is there a way to minimize the start-up costs, annual expenses, any IRS involvement and liability?  Yes there is - and on a Biblical basis.

Safe Church Policy

How will you respond when a Registered Sex Offender comes to your church?  Will you allow him to attend, under certain 'conditions'?  Have you a written Policy, with safeguards?

Ultimate Church Policy

Regarding Marriage, Employment or Volunteers - If it is the Churches Policy that church membership is a requirement to be involved in ANY church activity, this is the ultimate in having a "Fire wall" of protection from the homosexual activists, and aggressive sexual predators. And it's legally defenseable.

Corporation Sole

Some pastors and church leaders have purchased materials from promoters who advocate something called  “Corporation Sole.”  Presented as “The best 501(C)(3) alternative.”.  Plain and simple – THIS IS A SCAM.

Board Members - Fiduciary Responsibility

Written to provide general guidelines regarding the roles and fiduciary responsibilities of Trustees and Board Members.  This will help the Board Members avoid some of the many snares.

What Can Churches Do During An Election?

The church can do and say a great deal during an election, about the issues, but not  about the candidates.  We explain in this article what you can and should do, and cannot say and or do.

By-Laws, Discipline, and Structuring for Lawsuits

The greatest concern for the church is liability.  Even before calamity [lawsuits] strike us, we should be equipped to respond on a Biblical basis.  As regards church discipline, we can only do what is clearly defined in our By-Laws.

The Importance Of Well Written Minutes

Minutes are the "Memory" of the corporation, and should reflect that leadership has conducted all business according to the By-Laws. An incomplete Minute Book could be disastrous, but it can be 'caught up,' and all past actions ratified.


Integrity Maintained Through Accountability

An old saying, "It's not what we say that counts - but what is perceived."  Integrity begins with counting the offerings, but it also includes our governmental structure.  Is pastor accountable to other pastors?

Why Does The Church Incorporate?

Precious little is taught in Bible School, preparing pastors to be the CEO of a Corporation, the legal entity.  In the vacuum of understanding, attention to essential detail is often missing, leaving the church vulnerable to a lawsuit.

Why Church Policies are Crucial

Church policies will help us to protect our sheep from satan's influence and attacks, and are developed when we have thought through the "What if's," about any issue. This is called, "Taking thought beforehand."  [2 Cor 8:19-21 Amp Version]

Church Fund Accounts and Accountability

Some churches have discretionary fund accounts, in order to meet certain needs.  If pastor has discretionary authority to disburse those funds, the IRS requires strict provisions.  Otherwise those monies will likely be deemed HIS taxable income., and the contributions not tax deductable.

Setting Pastor's Compensation & Housing Allowance

Properly Credentialed Ministry are privileged to receive a large portion of their compensation as 'Housing Allowance,' free of state and federal tax - IF - and the "if" is what is discussed in this article.

A Liability Trap

To mis-classify a worker as a "Self employed" person, instead of an employee is subject to future problems with the IRS. And - the church has now unwittingly opened itself up to the possibility of a liability issue, with absolutely no insurance coverage

Maintaining The 501(c)(3)

 What would an IRS auditor look for, and evaluate in reviewing the church records? In this article, we give you a sampling of a few of the points we discuss in The Church Administration "How To" Manual.

A Sin Of Omission

 The word "Sin" means "Missing the mark," and it is no exaggeration to say that most churches have missed the mark in regards to this very important Organizational Meeting Minute. We explain what this is, in this article.