Who Can See Giving Records?

Q: Can a pastor or members of the church board inspect the contribution records of members?

A: This is a controversial question. Many pastors do not want to see donor records since they do not want this information to influence their relationship with individual members. Others want to see them.

Why would a pastor and church board want to inspect the records? One legally justifiable reason might be to enforce a bylaw requirement that members "tithe" or make some other specified financial commitment to the church. The far more common wording in church covenants that members "support the church financially" is an ambiguous standard that would not warrant accessing an individual's records.

If a state's nonprofit corporation law does not specifically authorize pastors and board members to inspect individual members' contribution records, then doing so could expose the church to possible liability for invasion of privacy.

Few churches will want to make a specified financial commitment a requirement of church membership. And, if a specified financial commitment is not a membership requirement, then there is little if any justification for the pastor or board members having access to members' contribution records.

—www.ChurchLawToday.com

A Car with Strings Attached

Q: A member wants to donate a car to the church to then be given to a needy person in our congregation. We will transfer the car to the recipient designated by the donor as soon as we take possession. How do we determine the amount of the contribution? What is our responsibility as a church in this transaction? What forms do we need to give the donor, and what do we need to file with the IRS?

A: The rules for substantiating donations of cars changed drastically a few years ago. (They're explained fully in 2007 Church & Clergy Tax Guide.) You must issue to the donor Form 1098-C, and you are required to send a copy to the IRS.

These new substantiation requirements only apply to transfers of vehicles that qualify as a charitable contribution. In your case, it sounds like the donor is giving the car to the church with the stipulation that the church give this vehicle to the person designated by the donor. This may be a generous act, but it's not a charitable contribution the IRS will recognize, since the donor is depriving the church of any meaningful control over the car.

You should decline to receive the car under these circumstances, since the church's temporary "ownership" will be illusory. Instead, encourage the donor to either (1) give the car outright to the needy person without expecting a tax deduction, or (2) give the car to the church with no strings attached, and subject to the church's complete control regarding its use or disposition.

—Church Treasurer Alert! (8/07)

Attorney Richard Hammar addresses financial and legal questions from church leaders in our sister publications Church Law & Tax Report and Church Treasurer Alertwww.ChurchLawToday.com.