Discussion:Clergy's W2

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

Jump to: navigation, search

Discussion Forum Index --> Consumer Questions --> Clergy's W2

Skyhorse1 (talk|edits) said:

26 January 2007
Hello, This past year I was elected church treasurer. Now, I need to fill out a W2 & W3 for our Pastor. We are a Small Church with the Pastor as the only Employee. The Pastor receives a Salary, His Social Security SE tax is paid 100% by the Church, A Housing Allowance, A Car Allowance and The Church Pays his family health insurance. On His 2005 W3 in Box 1 and Box 16 was his salary plus the Taxes the Church paid. On his W2 in Box 1 and Box 16 was his salary plus the Taxes the Church paid. Entered in Box 14 was the Housing and Auto Allowances. I would like to know if this reporting is correct? I have read several opinions on the Web and I am very confused. There is no mention of his health insurance on either form. I have read some artless that it must be reported as salary and others it is not to be reported if the Church pays it. I have read the same thing about his car allowance. I am clear on the reporting of the Salary and Taxes. I am confused on the Housing and Car Allowance and His Health Insurance. Please help…. Skyhorse1

Sandysea (talk|edits) said:

26 January 2007
Sky welcome here and thank you for your contribution to the church!!

They were correct in reporting the health and auto allowance in box 14...this is usually for "terms of call" items to be reported, but are not tax related. If the minister is receiving a car allowance, and sometimes a book allowance, etc. it is not taxable to them if it was due to amounts paid under a qualified plan.

In box 1, the SS and the wages are subject to FWT so they are correct in reporting it there. Housing allowance should also be reported in box 14...they pick this up on their Sch SE...:)

Mark Eason (talk|edits) said:

26 January 2007
1. If the church pays for the medical insurance it is a tax free benefit to the minister and is not reported on his W-2.

2. His car "allowance" should be report on his W-2 on lines 1 and 16. An allowance is a flat rate you pay the minister and this is income. An accountable reimbursement plan is where the minister turns in his mileage monthly and the church reimburses him. This reimbursement would not be taxable to your minister.

3. Housing allowance may be reported in box 14 for information purposes. I would report it to help the ministers tax preparer. Make sure the church did the housing allowance correctly (voted on the amount before payments started). If the church goofed, housing allowance would then go on lines 1 and 16. You and the minister need to understand that when it comes to social security and medicare, ministers are unique. They are employees of the church but self-employed for self-employment taxes. It has to be that way because some ministers expempt out of social security and medicare.

Be sure to read the IRS Publication for ministers listed on this sight. If your church is part of a large denomination, the denomination will have literature and people to help you understand church taxes. Setting up the minister's package incorrectly will cause your minister great hardship. This is a stewardship issue of the leaders of your church to set up the package for your minister correctly.

Sandysea (talk|edits) said:

26 January 2007
All items can be reported on the W-2 though, can they not Mark? The box 14 is for informational use and if it is in box 14, it is not taxable unless the minister has to take it as taxable....

If the medical insurance is with the salary package....I agree it is stupid to report it....if the auto allowance and/or book allowance is over the minister's accountable amount, then yes, this should also be reported as income.

In the churches I did the accounting for, the auto and book allowance rolled over from year to year unless he got "reimbursed" for the expenditures. Each church operates differently, but...

Look at the "terms of call" and see if these are accountable plans or strickly allowances where the minister does not have to give an account for the expenditures...any of the above, auto, books, phone, etc. will then be taxable to them and they take the deduction on their 1040's....

Thank you Mark for chiming in!! :)

AHH (talk|edits) said:

26 January 2007
All of my clergy clients are issued Form 1099. One in particular: The total consists of a specific amount for wage, se tax, health ins, and a child allowance (whatever that means!). He accounts monthly to the church for his miles and is reimb. at a rate less than the federal rate. I file a Sch C, include the mileage reimb in gross income, deduct his total miles at the fed rate, and deduct other expenses he incurs (literature, office supplies, phone, etc). The church gives us an amount for the fair market rental of the parsonage and I include that in his SE income.

Just wondering, is this an acceptable approach, for the church, and myself as the preparer?

Sandysea (talk|edits) said:

26 January 2007
Hmmmm....why does your clergy get a 1099? Usually, but not always, the church pays the FICA for the minister....if he gets a 1099 both halves of the FICA belong to him. They are self employed for tax purposes, but they are still generally considered employees and get w-2's.

What on earth is a child allowance? Are they giving him an allowance for child care perhaps?

Sorry to ask if not appropriate, but what denomination is the clergy?

Mauro (talk|edits) said:

26 January 2007
Shy there is a Tax Guide for Ministers & Churches out there . I suggest you to get it if you don't have it already. To order you need to call Christian Ministry resources. I think its $ 20+.

JR1 (talk|edits) said:

January 26, 2007
AHH, a 1099 is categorically incorrect treatment for a pastor, ever. They are deemed employees, and must be issued W2's. Them's the rules.

AHH (talk|edits) said:

26 January 2007
Sky, go to the irs.gov site and do a search for "clergy"

Sandy, I guess it would be unethical to tell you the denomination :) I haven't a clue what child allowance is for. I don't handle the accounting for the church so I'm thinking...not my problem. I just prepare the minister's return and don't know what else to do but file the sch c as I have. (shrug)

Kevinh5 (talk|edits) said:

26 January 2007
how many children is one priest allowed?

Mauro (talk|edits) said:

26 January 2007
What happend to Skyhorse1?

Also consult IRS Publication 517 for more specific information

AHH (talk|edits) said:

26 January 2007
Kevin, is that a viable question or are you just making funny? It's late and the intellectual side and the humorous side of my brain is oh so tired!!!

Skyhorse1 (talk|edits) said:

27 January 2007
Hello Again, I am a bit less confused now. Sandysea, the health insurance was not reported in box 14. It was Car allowance and Housing allowance. There was no mention of Health insurance on his W2 or W3. I read Pub 517, but I am still confuse. No specifics in the publication. Please if I may be specific.

Pastor’s salary Box 1 & 16. Pastor’s Tax paid by the church Box 1 & 16. W-2 and W3. Pastor’s Housing Allowance… Box ? Is this Taxable income??? Pastor’s Car Allowance Box ? Pastor uses his own Vehicle for all Church activities and District activities and does not receive any other compensation. This is an agreement by the Church Board and The pastor. Is this taxable income??? Pastor’s Health Insurance. Should this be reported? If so Where???? Thank You very much and I really do Appreciate all of You and Your Time….. Skyhorse1

Mauro (talk|edits) said:

27 January 2007
Skyhorse1 please note:

Pastor’s Housing Allowance… Box ? The most important tax benefit available to pastor, ministers ect.. who own or rent their homes is the housing allownace exclusion. Pastor who own their home DO NOT PAY FEDERAL INCOME TAXES on the amount of their compensation that their employing church designates in advance as a housing allowance, to the extent that (i)the allowance represents compensation for ministerial services, (ii) it is used to pay housing expenses, and (iii) it does not exceed the annual fair rental value of the home (furnished, plus utilities). Same principal applies to Pastor who rent a home or apartment. For Pastors who live in church-owned manse also are permitted from their gross income the annual rental value of the manse(plus other housing expenses). If they live there and incur any out-of-pocket expenses in maintaining the manse(such utilities, property taxes, insurance ect...) should be sure that their employing church designates in advance a portion of their annual compensation as a manse allowance. The amount so designated IS NOT REPORTED AS WAGES on the Pastor's Form W-2 at the end of the year(if the allowance exceeds the actual expenses, the difference must be reported as income by the Pastor). Pastor’s Car Allowance Box ? Pastor uses his own Vehicle for all Church activities and District activities and does not receive any other compensation. This is an agreement by the Church Board and The pastor. Is this taxable income??? If the Pastor is not required to account to the church for any of his business and professional expenses, and the church has a NONACCOUTNABLE REIMBURSEMENT PLAN , then the total reimbursements are included on the pastor's W-2 (or 1099-misc). In this senario the expenses themselves can be deducted by the employee ONLY as miscellaneous itemized deductions on Schedule A. If the church adopt an accountable reimbursement plan, such a plan reimburses only those expenses that are adequately substantiated within 60 days ( as to amount,date place, and business purporse) and requires any excess reimbursements to be returned to the church. Reimbursements under an accountable plan DO NOT NEED TO BE INCLUDED IN A WORKER'S INCOME, and there are non expenses to deduct. The failure of the church to adopt such a plan results in the nondeductibility of a portion of Pastor's business expenses.However, the difference often is not significant if the Pastor is able to itemize expenses on schedule A. So all the the church 's business expenses reimbursements ARE INCLUDED IN THE PASTOR'S TAXABLE INCOME. Pastor’s Health Insurance. Should this be reported? If so Where???? Since the Church is actually paying the Pastor for his Family Health Insurance and not offering medical reimbursements for medical expenses the total Health Insurance is subject to income tax or social security tax. Try to estabished a Health care spending account for 2007 and again obtain the 2007 "Church and Clergy Tax Guide".

Sandysea (talk|edits) said:

27 January 2007
Sky...sorry about the health insurance....Box 1 should be income: This includes Salaries, the FICA paid by the church and any "allowances" that are deemed income. If the allowance is not substantiated by receipts where the minister is reimbursed, then this too is income and should be in box 1. Box 14 is informational....put the housing allowance in this box and if the auto allowance is under an accountable plan then it would go in that box instead of in box 1 above. Hope this helps!!

Roxnpa1040 (talk|edits) said:

27 January 2007
I read somewhere in a clergy seminar book by GearUp never to offer the IRS what it doesn't ask for, specifically a pastor's housing allowance. In PA, their housing is taxable but not to our county or the feds unless it exceeds their actual expenses. Health insurance isn't a taxable benefit either. I have always recommended accountable reimbursement plans just to save work for the church treasurers. I cringe when I get a pastor with a 1099 in hand or a W-2 with SS & Mcare taxes in boxes 4 & 6. I'm amending a couple of returns now because a prior preparer did SCH C's & the pastor was double-taxed.

Also, why would a church pay FICA to their minister since s/he's going to pay tax on that amount anyway? Kinda negates the income or am I tripping? Why not just bump up their housing allowance a bit to cover the SECA the minister will have to pay?

Skyhorse1 (talk|edits) said:

27 January 2007
Thank You Very Much…. I am a lot clearer on most of this….. A Pastor does not have to pay Federal Income Tax. He is subject to Paying Social Security/ Medicare Taxes at His Self Employment Tax rate. Our Church Manual states that the Local Church should pay Their Pastor’s Social Security/ Medicare Taxes. So from my understanding Salary and Taxes paid should be reported in box 1 of his W2. Housing allowance and Car allowance can be placed in Box 14 (other). So box 1 & box 14 are totaled for him to report his earning for his Social Security/ Medicare Taxes. Is this Correct? Health Insurance I am not clear... Mark stated above that “If the church pays for the medical insurance it is a tax free benefit to the minister and is not reported on his W-2.” Mauro stated “Since the Church is actually paying the Pastor for his Family Health Insurance and not offering medical reimbursements for medical expenses the total Health Insurance is subject to income tax or social security tax.” Skyhorse1Skyhorse1 11:19, 27 January 2007 (CST)

Death&Taxes (talk|edits) said:

27 January 2007
Some churches do pay the minister's FICA but it does not appear in Blocks 3 & 4, but rather is added to wages in Block #1. Note I said 'pay', that is, reimburse. I saw this in the pay stubs of my first client this year, whose wife is a minister. That is similar to Household workers where the 'employer' pays both shares of FICA and includes the employee share in Box 1.

Mauro (talk|edits) said:

27 January 2007
While most of Ministers are employees for federal income tax reporting purposes, they all are self-employed for Social Security with respect to their church compensation. This means that they pay the " self-employment tax" (SECA) rather than the employee's share of the Social Security and Medicare Taxes - even if they report their federal income taxes as a church employee. It is incorrect for churches to treat ministers as employees for Social Security purposes and to withhold th employee's share of the Social Security and Medicare Taxes from their wages.

Also Minister's compensation is exempt from income tax withholding whether a minister reports his income taxes as an employee or as self-employed. Minister's use the estimated tax procedure to pay their federal taxes, unless they have entered into a voluntary withholding agreement with theri employing church.

JR1 (talk|edits) said:

January 27, 2007
That is absolutely correct Mauro. I almost said that last night, and just left it out. But that's where the confusion is, so folks think they can just issue a 1099. That is incorrect. Good summation.

Sandysea (talk|edits) said:

27 January 2007
I think so too...I like the way he put it concisely. Ministers get w-2's because they are employees in the sense of the word for churches...this allows them to receive the benefits and also keep them under the insurance protection of the church for liability purposes. The churches I worked for paid the minister w-2 wages, never w/h income taxes or FICA...only in salary package indicated how the salary, fica and housing should be split with regard to his taxation. The minister's then DID the ES payments and voila!!

Thanks for the concise input Mauro!!!

Skyhorse1 (talk|edits) said:

27 January 2007
Thank You very Mauro for getting me straight on the Taxes the Church pays to our Pastor. I have read where some say that it is social security tax and other say it is self employment tax. I will just file his W2 like it was filed last year. I am running out of time. I have ordered the book 2007 "Church and Clergy Tax Guide”. When I file for 2007 I will see things more clearly. I think that Churches should abide by the laws and be truthful in everything they do. To me they should be “The Example”. I thank everyone for there input…. Skyhorse1Skyhorse1 13:41, 27 January 2007 (CST)

Mauro (talk|edits) said:

29 January 2007
melmason in reply to your question some kind of income are not taxable. These items are called exclusions. Most exclusions apply in computing both income taxes and self-employments taxes. The housing allowance is an example of the exclusion that applies ONLY to income taxes and not to self-employment taxes.

So its inportant to determine how much the church designated for House allowance in 2006 because he could be aubject to a double deduction. (its more complicated to explain)

Melmason (talk|edits) said:

29 January 2007
Mauro

So where does medical reimbursement come in? Does it show at all on the W2? I understand the housing allowance still requires self-employment tax.

Mauro (talk|edits) said:

29 January 2007
Sorry Melmason I answeared someonelse question instead of yours.

Anyway, to answear your question its all depends what kind of HSA the church established to the minister. HSA (Health care spending accouts)- This accounts allows a minister or lay employee to set aside pre-tax dollars to pay for eligible medical, dental, ect.... Now, some churches employers offer medical reimbursement arrangements for medical expenses that are not reimbursed by the Medical Plan. These arrangements are NOT SUBJECT TO INCOME TAX or Social Security tax if they are provided as a group plan established to reimburse employees for medical expenses not covered by the Plan. If the church as no plan established then any fringe benefit is considered taxable and will be part of taxable income and it will be reported on his W-2. (See pub 969 for more details).

Skyhorse1 (talk|edits) said:

29 January 2007
I read this on the net. The church should offer benefits, not a cash option, to a minister. For instance, tax courts have ruled that if an employee has the option of receiving cash or medical insurance, then the church must treat the money the church pays for a minister's medical insurance as taxable income. In other words, a minister can share with the church or church committee what his medical insurance premiums will cost next year and the church or church committee can decide to budget or not budget for the medical insurance costs as a benefit. The church, not the minister, is deciding to offer medical insurance coverage. If the church budgets the ministers' medical insurance as a benefit, then the benefit will be non-taxable. Skyhorse1 10:16, 29 January 2007 (CST)

Blrgcpa (talk|edits) said:

29 January 2007
Depending on the contract, and the faith, some clergy are considered 1099 and others are W-2. I worked in a temple for many years as a bookkeeper and did the p/r. Churches do not have to cover employees for fica and medicare. the congregation has to approve the expense for all employees and for each clergy contract.

JR1 (talk|edits) said:

January 29, 2007
No Barb, they are never ever to be considered 1099. Sorry, that's in error. Not that it doesn't happen, but it is not supposed to.

Mauro (talk|edits) said:

29 January 2007
Barbara the most important FEDERAL REPORTING OBLIGATION for most churches and temples is the withholding and reporting of employee income taxes and Social Security Taxes. These payroll reporting requirements apply, in whole or in part, to Almost every church. Yet, many churches do not comply with them because of unfamiliarity. This can lead to substantial penalties.

Federal Law specifies that any director, officer, mninister, employee ect,,,who is responsible for withholding taxes and paying them over to the govertment may be liable for a penalty in the amount of 100% of such taxes if they are either not withheld or not paid over the goverment. This penalty is of special relavance to church leaders, given the high rate of noncompliance by churches with the payroll reporting procedures.

JR1 (talk|edits) said:

January 29, 2007
And do note that the employees of a church who are not clergy, are treated differently than the clergy. They are not generally covered for unemployment taxes, but are for FICA...

Melmason (talk|edits) said:

29 January 2007
Okay, I stirred it up. Remember, we are bi-vocational so we don't "make" that much anyhow. We are at a new church and having issues about wanting a W-2 not a 1099 and what amount should be shown on the W2.

This is how it was done at our last church...is it right? 1/2 pay is paid as housing allowance, other 1/2 pay is considered medical reimbursement and divided by calendar year equally. (This was voted on and approved by the church.)Then receipts are submitted for medical expenses each month and a check is cut for the total of the receipts, but no more than the predetermined medical amount.

So the housing was listed on the W2 in box 14 but the medical was not shown because it was a reimbursement.

So did our old church do this correct?

JR1 (talk|edits) said:

January 29, 2007
Well, 1/2 and 1/2 gives me pause. With my pastors, I suggest this: First, get everything reimbursed that you legally can, church mileage, cellphone, health insurance, office expenses, dues, etc. None of that ever ends up on a tax document of any kind. If there's still money available, pay your housing allowance next, to the extent of fair rental value and what you actually spend on housing. Then and only then, is there salary. Those first two use up all the money coming back to the pastor in the smaller churches, and keeps him tax free unless he's in the SS system for the housing.

Death&Taxes (talk|edits) said:

29 January 2007
The Parsonage Allowance must be set at the beginning of the year, or when hired. You cannot do it retroactively, and if it were not set in writing or at a meeting with minutes etc, then there is no parsonage allowance for the year. I am taking this from a guide for Episcopal Ministers

JR1 (talk|edits) said:

January 29, 2007
Thanks for that reminder. I did mean that this conversation takes place in Dec, prior to issuing checks in the new year, and just creating the broad plan of comp. My bi-vocational pastors never even use up the housing, so you can have the exp. reimbursement plan in place, indicate the full housing amount, but the church pays what it can pay, which will usually be short of the housing amount.

Mark Eason (talk|edits) said:

29 January 2007
I work in the fourth district where the tax court made it final here that W-2's must be filed on ministers back in the mid 90's. A CPA friend up the road represented 26 ministers that had received 1099's before the IRS(he did not prepare the returns). Lost every one of them. The only time I would think a 1099 would be appropriate is for a revival service (guest minister)or a guest minister while primary minister is on vacation.

JR1 (talk|edits) said:

January 29, 2007
The sad fact is that in the smaller churches, where there is no other employee, and where the income to the pastor doesn't leap the housing allowance...having to file zero quarterly payroll returns is a pain, just to get to a W2. So I do understand it when I see a 1099 instead. But it's still wrong. Kind of like kids of sole props...supposed to be on a W2...but I don't do payroll returns in that case with no other employees. Fortunately, none of the churches have asked me to do their books, so haven't had to pick my poison.

Mauro (talk|edits) said:

29 January 2007
To add to the above discussion, in a case of self-employed people, like church employees, can deduct only 50% of business meals and entertaiment. Further, self-employed people who use Schedule C to report their business deductions are not subject to the 2% floor that applies to the deduction of employee business and professional expenses that are either unreimbursed or reimbursed under the NONACCOUNTABLE reimbursement plan. Some ministers point to these as advantages ( and we know many of them) of reporting church income as self-employed rather than as employees. Nothing could be further from the truth. The IRS CONSIDERS ministers serving local churches and church agencies to be EMPLOYEES rather then self-employed for federal income tax reporting purpose. The so-called advantage of being able to deduct all of one's business expenses on schedule C is of a little value in the event of an IRS AUDIT and reclassification as an employee. And as mentioned before a Minister who reports his church income as self-employed is taxed on the value of certain fringe benefits (including employer-paid medical insurance) if they are not under the HSA.

Skyhorse1 (talk|edits) said:

29 January 2007
After reading IRS publications, Church Publications and Questions others ask about who is to receive a W2 or 1099. In most reading it states that a Minister must be Ordained and licensed to receive a W2. All other Ministers and Associate Pastors receive a 1099. So from my understanding A Minister not Licensed should receive a 1099. Skyhorse1 16:53, 29 January 2007 (CST)

JR1 (talk|edits) said:

January 29, 2007
I don't know about that Skyhorse. Usually only one or a small handful of pastors are ordained officially, even in the largest churches. They still qualify as clergy if they meet the requirements of clergy. And if they don't, they are non-pastoral staff. The non-pastoral staff must be on W2's. I can't see where there's any wiggle room for a 1099 anywhere. Sorry.

Mauro (talk|edits) said:

29 January 2007
Shyhorse1 the IRS has its own criteria for determing who is a minister for tax purposes. To determine if a person is a minister for federal tax purposes, the following 5 factors must be considered:

1) is the person ordained, licensed, or commissioned 2) does the person admister sacerdotal functions 3) does the person conduct religious workspip 4) does the person have management responsibilities in the church 5) is the person considered to be a religious leader by the church?

However, the IRS has issued audit guidelines for its staff agents to follow when auditing ministers. The guidelines reject the narrow view that a minister must statisfy all the 5 of the factors mentioned above. In general to be considered a MINISTER for federal tax purposes, YOU MUST ordained, licensed, or commissioned and meet a majority of the remaning 4 factors. So do not assume anything other then following the IRS guidelines for ministers.

Sandysea (talk|edits) said:

29 January 2007
I HAVE seen a minister get a 1099; but only one in PCUSA church. He was the Minister of Visitation; not an employee and not ordained...he was a deacon but called a minister....he visited the shut ins, nursing homes, hospitals and got a small stipend each month from the church...he got a 1099...but that is the one and only time I have ever seen it :)

Death&Taxes (talk|edits) said:

29 January 2007
I have seen ordained retirees get them for subbing for regular ministers, but I think someone else said same above.

Mauro (talk|edits) said:

29 January 2007
There is much confusion regarding this question ( which drives everyone crazy ). However, this confusion can be simple avoided by recognizing that MINISTERS a dual tax status.

For federal income taxes, they ordinarily are employees, but for Social security purposes they are self-employed with regard to services performed in the exercise of ministry.

JR1 (talk|edits) said:

January 29, 2007
Just figure that most of the crowd is untrainable, Mauro, and go from there.

Mauro (talk|edits) said:

29 January 2007
JR1 I'm one of those people that went crazy trying to understading this crazy rules for all the churches that we do planning, audits and ministers returns.

AHH (talk|edits) said:

30 January 2007
I really hate to continue this thread, BUT....

I think everyone here agrees with how a minister's income and expenses are SUPPOSED to be handled. In one of my earlier postings I said I only prepare the return for the minister, using his issued Form 1099, and that I do not prepare the form for the church. Now, what else are we, as preparers, supposed to do with that but file a sch c? Is it my responsibilty to inform the church of their accountant's incorrect methods? Will I, as preparer, incur any "blame" from the IRS for putting income and deducting otherwise sch A items, on the sch c?

JR1 (talk|edits) said:

January 30, 2007
Depends on what it shows and where. I had one that issued a 1099 with box 3 and a note that it was merely housing allowance. So I showed in line 21 and backed it out...and don't recall if he was in the SE system or not, which would open up the SE form for it. Bottom line, make sure it shows up somewhere, as best you can follow the correct reporting.

Mgreene24 (talk|edits) said:

30 January 2007
correct me if i am wrong but when you pay the fica for the minister (paid directly to the minister) and then add that amount to box 1, is the minister paying social security tax on their social security reimbursement?? (as long as they have not opted out of social security)

Death&Taxes (talk|edits) said:

30 January 2007
But are they being reimbursed for their own share of Social Security, or the Church's share which is part of the 15.3 Self-employment tax, which they would not have to pay as a regular W-2 employee? The one minister I saw this month was not being reimbursed on 15.3 but on 7.65, but whose 7.65!!!!

Mgreene24 (talk|edits) said:

30 January 2007
Actually reimbursed for the full 15.3%!!

Mauro (talk|edits) said:

30 January 2007
Mgreene24 since minesters are not employees for Social security purpose, the church MUST NOT withhold the employee's share of Social Security and Medicare Taxes. However, minister can request on W-4 that an additional amount of income tax be whithheld to cover their estimated self-employment tax liability for the year. The excess income tax withheld is a credit that can be applied against the minister' s self- employment tax liability.

Mgreene24 (talk|edits) said:

30 January 2007
The church does not withhold any amount from the minister's check....basically the church pays the minister her salary, then adds to that the 15.3% of FICA tax.

Death&Taxes (talk|edits) said:

30 January 2007
She has a good deal; but it is one of those cat chases its tail games: add the 15.3, pay more SE Tax, add more 15.3 ad infinitum. In her case, she is paying income tax on her own social security.

Mauro (talk|edits) said:

30 January 2007
If they have an accountable business expense reimbursement arragement plan established then such reimbursements are not reported as taxable income on the minister's W-2 or form 1040 and there are no deductions to claim.

Luther1 (talk|edits) said:

30 January 2007
I am a clergy person ordained and my current employer gave me a 1099 and lumped salary and housing together on line 7. Last year this same employer gave me a 1099 with only salary listed, but gave seperate documentation on housing. It was not listed at all on 1099. Where if any place should housing be listed?

JR1 (talk|edits) said:

January 30, 2007
Read the whole thread Luther...Methodist I bet? *smiling* It should be on a W2, and Housing is a box 14 item there.


MGreene...just consider that all the money is income, no withholding,it's merely more money to pay for taxes...much easier to understand.

Death&Taxes (talk|edits) said:

30 January 2007
JR: the last active minister I had who received 1099s was a Methodist!

Melmason (talk|edits) said:

30 January 2007
Okay....back to my original question that started this whole mess...WHERE DOES MEDICAL REIMBURSEMENT COME IN RE:W2 or does it not show up anywhere because it's a reimbursement that was preapproved by the church? Also, for this year should we request the same set up (1/2 pay housing, 1/2 pay med reimbursement) or an FSA?

Sandysea (talk|edits) said:

30 January 2007
Medical reimbursement is a taxable item, but the clergy can elect to treat this as an above the line deduction. If the clergy is covered under the church's pension/benefits plan, then this is non taxable and does not show up on the w-2 at all. A reimbursement means just that...they are reimbursing and it is the payee's responsibility to report it accurately....

Martno (talk|edits) said:

3 February 2007
I need a little help. Just started working for a new church that did not get all of its "ducks in a row" for last year. I have been here since September. They are not able to give me a W-2 for last year for some reason because they were not set up correctly. (what ever that means). I've been reading that a 1099 is not appropriate; I would agree. Now, it my situation, what am I to do? If they get everything set for th 2007, can they "retroactively" do a W-2 for last year. I am full time. We have officially set part of my salary as housing, etc........ Any suggestions on what I should do?

Sandysea (talk|edits) said:

3 February 2007
They have until Feb 28th to file the W-2 with the SSA; you should have received your W-2 by 1/31; but they still have time in order to set up correctly? Did you receive payroll checks that included housing and salary on a regular basis with the church? Do they have other employees that received w-2's?

They can file a W-2C (corrected W-2) after the fact, but this does not do you much good at this time. You can file Form 4852 as a wage statement with the IRS if you do not and do not expect to receive a w-2 for 2006. Hope this helps!

Martno (talk|edits) said:

3 February 2007
I am the first employ to recieve official employee pay from the church. The pastor is paid through his own business and doesn't get paid by the church. The church is less than a year old.

So, what you are saying is, that if they finished setting up things correctly this month, they can go ahead and issue a W-2 for my wages for 2006?

The financial person does not know what she is doing yet. She has never had to set up a church, or deal with church pay roll issues.

Sandysea (talk|edits) said:

3 February 2007
Yes, Martno...if she can get it set up correctly, then she can issue you a W-2 by Feb 28th. SSA does not know that you did not receive your W-2 timely.

Church accounting is different to say the least....but if you need any help with some information, I will be glad to give you or her some help. There are some church software programs which are inexpensive and quickbooks as well can help...just let me know if you want to help point her in the right direction...it is for God's work after all :)

JR1 (talk|edits) said:

February 3, 2007
And she'll need to file a 4th Qtr 941, but there are no penalties since there'll be nothing on it....

Mauro (talk|edits) said:

3 February 2007
Alleluiaaaaaaaaa

Davehenning (talk|edits) said:

4 February 2007
My wife works as a secretary for our church, she was given a 1099-MISC. I am a full time student and she has two part time jobs so we do not make that much money. I was just in the process of filing our taxes online. When I had entered the amount of money she had made as if it were a W-2 we were going to get a good sized refund. When I realized it was a 1099, I deleted the w2 stuff and entered it as 1099 Self-emploment stuff. The website I am using now shows that we owe the fed a lot. Should I try to get our church to figure out how to get a w2 for her? She is currently the only employee other than the pastor.

Death&Taxes (talk|edits) said:

4 February 2007
You could try to enter this on Line 7 as wages, since it certainly sounds like wages, and pay her share only of the Social Security Tax on Form 4137. Don't fear the title about Tip Income...list her employer and the reason you give here.

Davehenning (talk|edits) said:

4 February 2007
So you are suggesting just reporting it as a salary on my 1040? What about listing it as other income (line 21)?

Death&Taxes (talk|edits) said:

5 February 2007
Your wife does have to pay Social Security on the money, but only her share. That is the purpose of the 4137

Davehenning (talk|edits) said:

5 February 2007
Why doesn't she have to pay Medicare as well? Also, if we do decide to do this would the church possibly get into trouble with the IRA because they should have used a W2?

Does anyone know how a church can be set up to pay employees but not have to pay S.S., medicare or fed taxes?

Death&Taxes (talk|edits) said:

5 February 2007
And Medicare also, sorry....when you go to the form it will compute at 7.65%. I doubt anything will happen on the second issue because of how you file. Others know better on your last question

JR1 (talk|edits) said:

February 5, 2007
I'm sorry, must be the cold there, but I'd not do that. Call the church. Filing it like that will surely get you mail, the church will get mail...if the church didn't withhold, you can't just make up withholding. There needs to be some conversation.

Death&Taxes (talk|edits) said:

5 February 2007
JR1: They are not making up withholding, they are treating it like a waitress etc and paying the Social Security. I have a woman's companion, hired by the estate of the woman, who is paid by 1099 for what is no more than household employee work and this is how I treat it. In 15 years she has had no problem, nor has the insurance company which issues the 1099.

JR1 (talk|edits) said:

February 5, 2007
Yet the employer hasn't paid their 1/2...

Sandysea (talk|edits) said:

5 February 2007
I think this too depends on what work the secretary performs, where she performs the work, etc. She CAN be a 1099 for secretarial services if performed at her discretion, etc. It sounds like a small church and has no employees other than the minister....wife has (2) part time jobs..is the other job self employment as well or is it for W-2 wages?

Another option would be to ask the church to pay her as compensation the taxes she would have to absorb by treating it as a 1099.

I too would file it as 1099 income; take appropriate write off's for self employment type income..depending if she has any and then talk to the church about possibly changing it in 2007 or to reimburse her for taxes she has to pay on the income :)

Mauro (talk|edits) said:

5 February 2007
If the church is in doubt on determine whether each church worker is an employee or self-employed, the church ALWAYS should treat a worker as an employee, since substantial penalties can be assessed against a church for treating a worker as self-employed whom the IRS later reclassifies as an employee. As a general rule , a self-employed worker is one who is not subject to the CONTROL of an employer with respect to how a job is to be done. In addition, a self-employed person typically is engaged in a SPECIFIC trade or business and offer his/her services to the general public. The IRS as developed several criteria to assist in classifying a worker as an employee or self-employed. Based on what Dave as stated about his wife performing secretarial work at the church therefore,a W-2 and not 1099-misc should be issued to be in compliance with the IRS requirements .

Will "the tax guy" (talk|edits) said:

5 February 2007
What if a minister only receives a housing allowance, no salary and has an accountable plan with the church for expenses but expenses always exceed reimbursement? The church is very small and expenses are not reimbursed due to the lack of funds, most months the minister is lucky to receive the housing allowance commitment.

JR1 (talk|edits) said:

February 5, 2007
Then there ain't much to report is there? Technically, it should still be on a W2, but I'll allow for a 1099 in that instance, box 3, tho', not box 7...but for planning, have him always reimbursed for expenses first, then housing. If he has excess expenses, hold them 'til next month...

Gthiemann (talk|edits) said:

17 February 2007
I am a retired clergy and receive a stipend from my congregation for pastoral assistant work. It has been designated as 100% housing excludable. Because I have a church retirement pension that is also 100% housing excludable and matches my housing, I simply listed the modest congregation stipend income, which came to me on a W-2, as taxable income. Then, because I am not yet 70 1/2 years of age, I will use that amount (under $5,000) as a deposit on an IRA, and show that IRA purchase on my 1040 form. I see this as a double win situation for me, because I can't justify the congregational stipend income for housing, and I can effectively avoid a tax on that congregational stipend by sticking it into an IRA. Does this plan make sense?

JR1 (talk|edits) said:

February 17, 2007
Only except that you're in maybe a zero tax bracket anyway, so why do a deductible IRA? You're getting no benefit, but might be taxed on it at distribution. That's not what you want to do. Consider a Roth instead.

Gthiemann (talk|edits) said:

17 February 2007
Thanks much for your prompt and thoughtful response.

Actually, with taxable distributions my wife and I took from IRAs we are (this year) in a situation where we do have to pay some taxes. If I would put the stipend amount into a Roth now, I would have to pay taxes now. I think that in some later year I will not max out on my taxable distribution IRA draw, and then do the Roth and can breathe easier during that year.  :)

Steppie71 (talk|edits) said:

22 February 2007
Hello everybody! I've been reading your discussion and I have a question. I prepare the taxes for my family. My husband is the minister of music and youth minister at his church. They issued him a 1099 (line 7) this year and when I entered it in the tax software, it started asking questions about him owning his own business. He doesn't have his own business. He provides the church with music every Sunday and preaches, teaches, counsel, etc. Should they have issued him a W-2 or 1099? Can this be changed at this point? What am I to do? This is driving us crazy.

JR1 (talk|edits) said:

February 22, 2007
Yes, they should have issued him a W2 instead. Is there housing allowance included in that, or is it separate? And is he in or out of the SS system? The 1099 will kick up the sole proprietor page which isn't correct...whether they'd be willing to convert it to a W2 at this point...who knows? But I'm wondering what they're doing with the other ministry staffers as well.

Steppie71 (talk|edits) said:

22 February 2007
JR1,they haven't discussed housing with him. He completed w-4 forms and all that but was issued a 1099. Nothing was withheld from him. The other people that are paid are the Pastor, custodian, drummer, Asst. musician, secretary, etc. The other ministers are not being paid on a regular basis because they don't have an obligation like my husband every Sunday. His main duty is to provide music for the church and he gets a check every month. His musician duties include rehearsals, church appointments to other churches, funerals, weddings, anything that involve the church where the pastor or choirs are to perform. He usually preaches for Youth service once a month and fill in when the pastor can't preach somewhere. I'm not sure what they gave the other staffers with less duties than my husband. This is a pretty good size church. Thanks for replying.

JR1 (talk|edits) said:

February 22, 2007
Well, to me, it sounds like your husband is pastoral staff. They're treated just like the pastor, who is surely not taking a 1099 from a decent-sized church? Everyone should be on W2, but for pastoral staff, there is no withholding of any kind. For non-pastoral staff, they're like any other employee, with all the usual withholdings. In my tax program, I can enter a 1099 onto a Sch. C for sole proprietors, and as long as he's in the SS system, then it will be just fine. Enter him as a minister of the gospel, find the bus code for that, and if he has any expenses that aren't reimbursed, he can take them there. Here to help if you've got more questions.

Will "the tax guy" (talk|edits) said:

22 February 2007
I have a clergy client who is never issued a 1099 or a W-2 but knows they have to report their housing allowance somehow. Recommendations?

JR1 (talk|edits) said:

February 22, 2007
Supposed to be on W2 box 14 only. However...as said above, for smaller churches where that's all there is, I'll do a 1099 box 3.

Will "the tax guy" (talk|edits) said:

22 February 2007
What if a 1099 was never issued will this cause the organization troubles?

JR1 (talk|edits) said:

February 22, 2007
Not as long as the pastor reports it. That's why org/biz's issue them, for protection to ensure that they are reported.

LMHubbard (talk|edits) said:

24 February 2007
I understand that the Housing Allowance goes in box 14 on the W-2, but where does it appear on the W-3 or does it go on the W-3 at all?

Sunrisesunsetnyc (talk|edits) said:

16 April 2007
Does anyone know if it is legal for a member of the clergy to receive parsonage from more than one employer, assuming the total amount received is less than the real cost of housing? I haven't seen this question addressed by any publication/on-line resource.

I'm an ordained clergy person who serves a small congregation on a part-time basis; 100% of my very modest compensation is designated as parsonage and covers only a fraction of my actual housing costs. I also lead weekly religious services at a secular, not-for-profit nursing home as a member of their pastoral care team and receive modest W-2 income for this work, and none of this income is currently designated as housing allowance. The sum total received from both positions is less than my actual housing costs. Can 100% of my nursing home salary also be designated as parsonage, assuming the nursing home is open to this? (FYI, the vast bulk of my income is derived from secular Schedule C work, and I'm not eligible to take the home-office deduction.) Thanks!

MWPXYZ (talk|edits) said:

6 July 2009
I seem to understand that the payment of the church for medical insurance premiums of the pastor would not be taxable to the pastor for income tax purposes. The pastor is treated, in most cases, as a statutory employee.

What has me confused is whether the medical insurance premiums are deductible in calculating the self employment tax. Or, in other words, whether the medical insurance premiums must be added to Box 1 wages and the housing allowance in the calulation of self employment taxes.

Publication 517 page 10 does state that the deduction is not used to reduce the earnings subject to SE tax. BUT, this sentence is under the section describing the Health insurance costs of Self-Employed ministers. Since there are self-employed ministers, who are not statutory employees, I have cause to wonder is this sentence is applicable to Statutory employees. My readings of the MSSP and the Audit Guide did not help me either, maybe I mised something.

Blrgcpa (talk|edits) said:

6 July 2009
If the W-2 is marked as a statuary employee, then file a sched c and follow the protocol for it.

MWPXYZ (talk|edits) said:

6 July 2009
I am sorry, I should have used "common law" employee in each instance I used "statutory" employee. And, of course, used "missed" for "mised".

However, the specific issue is still about pastors.

To join in on this discussion, you must first log in.