Clergy - Charitable giving pre-tax on W2...

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  • Hoosier
    Senior Member
    • Apr 2006
    • 178

    #1

    Clergy - Charitable giving pre-tax on W2...

    Got a new client that is a pastor in a small church. The pastor's W2 shows around $13k in box 1 and $15k for housing allowance. The pastor told me that he tithed $7k and has a statement from his church documenting this amount. I thought the amount of tithes seemed excessive based on the W2 and asked him about it. He told me that the church holds out his tithe from his salary. As a result, the W2 box 1 amount is the gross earnings less the tithe amount. I'm certainly not an expert in clergy taxes but this doesn't seem reasonable (or legal) to me. I'm I missing some obscure tax law that allows clergy to deduct tithes pre-tax?
  • kathyc2
    Senior Member
    • Feb 2015
    • 1947

    #2


    Page 14 on the above link discusses this...

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    • Burke
      Senior Member
      • Jan 2008
      • 7068

      #3
      No, this is not "legal." Charitable contributions, if deducted from a salary, should be on an after-tax basis. Then he can deduct on Schedule A if he can itemize. So the full amount of salary goes in Box 1. They may or may not withhold any taxes.
      Last edited by Burke; 03-16-2015, 05:54 PM.

      Comment

      • Super Mom
        Senior Member
        • Jun 2007
        • 1151

        #4
        Originally posted by Burke
        No, this is not "legal." Charitable contributions, if deducted from a salary, should be on an after-tax basis. Then he can deduct on Schedule A if he can itemize.
        Just curious, will you have the church correct the w-2 or fix on Schedule C? Whoever is preparing his w-2 needs to know this does not need to be done anymore.

        Comment

        • JohnH
          Senior Member
          • Apr 2007
          • 5339

          #5
          I'd just add the $7K to his W-2 earnings, reporting $20K on line 7 and then proceed as normal.
          Chances are the W-2 Copy A wasn't sent in to IRS anyhow, and even if it was, as long as his Line 7 entry exceeds the W-2 amount, IRS won't really care.
          There are a couple of reasons line 7 can be higher that the W-2 totals, even under normal circumstances.
          "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

          Comment

          • kathyc2
            Senior Member
            • Feb 2015
            • 1947

            #6
            Originally posted by JohnH
            I'd just add the $7K to his W-2 earnings, reporting $20K on line 7 and then proceed as normal.
            Chances are the W-2 Copy A wasn't sent in to IRS anyhow, and even if it was, as long as his Line 7 entry exceeds the W-2 amount, IRS won't really care.
            There are a couple of reasons line 7 can be higher that the W-2 totals, even under normal circumstances.
            I wouldn't just add the amount to line 7 without client consent. Instead, tell client that you believe that would be the proper treatment, and if he wants you to prepare the return that is how you will handle it.

            Comment

            • JohnH
              Senior Member
              • Apr 2007
              • 5339

              #7
              True, but I won't do anything material on a return without client consent - that's implied in any of my posts.
              "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

              Comment

              • kathyc2
                Senior Member
                • Feb 2015
                • 1947

                #8
                Sorry if post came across as offensive. That was not the intent.

                Comment

                • JohnH
                  Senior Member
                  • Apr 2007
                  • 5339

                  #9
                  No offense taken - just thought I'd clarify my shorthand.
                  "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

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