2021 TAX RETURN PREPARATION - GuideStone
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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
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
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