Subscribe to Christianity Today
Subscribe to Christianity Today
Donate to Christianity Today
November 24, 2009
Free Newsletters:
RSS Feeds | Audio | Twitter

Home > 2007 > November (Web-only)Christianity Today, November (Web-only), 2007  |   |  
In Perspective: Why Grassley Investigates
If Congress rewrites the tax rules for churches, they have to know how churches operate, says Richard Hammar.




ADVERTISEMENT

Doesn't the IRS usually have oversight over compliance with the law?

Yes. But, the IRS is an administrative agency, meaning that it enforces the laws that Congress enacts. The Constitution grants Congress broad authority to conduct investigations into the need for legislation.

When churches report information to the IRS, what do they report, and what is the IRS concerned about?

Churches report very little information to the IRS, other than compensation and withheld taxes (Forms W-2, 1099, 941, etc.). As I noted, churches are exempt from filing the annual information return (Form 990) that most other public charities are required to file with the IRS each year.

What kind of transparency is legally required of churches?

Very little. The constitutional guaranty of religious liberty has restrained Congress from requiring churches to comply with several laws that have been enacted to promote greater transparency by both for-profit and nonprofit organizations.

Where is the line between what a church can legally provide for its pastor, like a house, and what it cannot, presumably cosmetic surgery?

The tax code permits a church to provide compensation to its pastor in any amount, and in any form, so long as this is done consistently with the law. The main limitation is that a church, like any public charity exempt from federal taxation under section 501(c)(3) of the tax code, cannot pay unreasonable compensation to any staff member. Paying unreasonable compensation will jeopardize a church's tax-exempt status.

So a church could pay for cosmetic surgery for its pastor?

Yes, so long as the total amount of compensation paid to the pastor is reasonable in amount. The IRS cannot prescribe the form of compensation that a church pays its pastor. The First Amendment would prohibit this. The problem in these cases is that a church fails to report a taxable benefit as taxable income. This can lead to significant problems.

As you said, the Constitution gives churches broad freedom to operate. In your opinion, how much abuse of that freedom would justify Congress in requiring more financial transparency in church operations? Is this investigation a signal that some people are suspicious of the way churches have operated with little IRS oversight?

I am sure that some people are suspicious of church autonomy, but that's a consequence of the unique constitutional protections that churches enjoy. A few years ago, a proposal was made to eliminate the exemption of churches from the annual Form 990 reporting requirement that applies to most other charities. It got nowhere. Abuses by local churches would have to be widespread, persistent, and significant for Congress to even consider greater scrutiny. We are nowhere near that point. Televangelists are a different matter entirely, due to their high visibility, revenue, and the perceived abuses recounted in Senator Grassley's recent letters.



Related Elsewhere:

CT's reports on the investigation include:

Praise and Dismay for Senate Scrutiny of Ministries' Finances | While some cheer inquiry into alleged misuses of church funds, others fear government intrusion. (Nov. 6, 2007)

Senate Committee Investigating Six Major Ministries | Sen. Grassley probes "possible misuse of donations" to Benny Hinn, Joyce Meyer, and others. (Nov. 6, 2007)

Joyce Meyer has responded to criticism about her church's finances in the past.

A 2003 Christianity Today editorial said financial transparency was a must, even when not legally required.

Other articles on faith-word churches and fiscal responsibility include:

First Church of Prosperidad | Arlene Sanchez Walsh on the African-style prosperity gospel right in our backyards—in immigrant Latino churches. (July 6, 2007)

Televangelist Report Card | A recent study reveals how religious broadcasters actually use their airtime. (October 22, 2001)

share this pageshare this page



E-mail this pageWrite CTPrint this articlePost a comment





  


Subscribe to Christianity Today and get 3 free trial issues. No credit card required.

Please allow 4-6 weeks for delivery. Offer valid in U.S. only.

If you decide you want to keep Christianity Today coming, honor your invoice for just $19.95 and receive nine more issues, a full year in all. If not, simply write "cancel" across the invoice and return it. The three trial issues are yours to keep, regardless.


Click here for international orders2-for-1 Gifts!

[Reader Reviews]
Average User Rating: 

bob   Posted: November 10, 2007 3:27 PM
Reality check time: Churches are free to pay any amount of compensation. They are free to support political candidates. These restrictions, applicable also to non-religious organizations, come into play only when they enjoy tax exempt status and accept deductible contributions. It's a shame to spoil the high-minded indignation and advocacy, there is no First Amendement issue involved here!

caveat bettor   Posted: November 08, 2007 4:42 PM
Let me get this straight. Churches need to give a full accounting, and possibly be shutdown. What happens if a certain senator from Iowa takes hundreds of thousands of dollars from special agriculture interests, pushes legislation that takes money from taxpayers and gives it to the agriculture interests in the form of subsidies? Does that senator give a full accounting and possibly get shutdown? No, I didn't think so. The authorities that have been established by God are ultimately accountable to Him, too. And maybe they should look to the interests of others, as they probably promised during their election campaign. Lying is not a good thing.

Rick Feldkamp   Posted: November 08, 2007 12:27 PM
I agree with Hammar. See Romans 13. 1Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. 3For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. 4For he is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer.

The allotted time for commenting has ended.

sponsors 








[Browse More Christianity Today]

Search






















Search by Name
Or use Advanced Search to search by program, region, cost, affiliation, enrollment, more!

Search by:





Books & Culture
Christianity Today
Church Law & Tax Report
Church Finance Today
Leadership Journal
Men of Integrity
Outcomes
Kyria.com
Your Church
ChristianityTodayLibrary.com
PreachingToday.com