Ok Concerning an interim minister can the church reimburse for him mileage from his home to the church (130 miles round trip) utilizing an accountable plan or is considered comuting. He is a retired minister who does interim callings until congregation finds replacement which could take many months.
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Commuting
From his home to the church, and return, is commuting.
If I hire a part-time tax preparer to assist during tax season, can I pay him mileage from his home to my office, and return. He is retired. I think not!
Same thing applies to the minister.
Typical minister. They all look for some tax break that isn't there.
Travel from the church to visit his congregation at their homes, hospitals, or nursing homes would be reimbursable under an accountable plan. But, not to and from his home.Jiggers, EA -
The minister could have a qualified office in home which would then turn the commuting miles into deductible or excludable miles.Comment
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You have to put yourself in his place. Would your employer reimburse you for mileage from your home to your employers place of business and if so would it be income, reimbursement, or a tax-free fringe benefit? This answer is most likely taxable income to the individual as if for no other reason the minister is probably not an employee.
Yes... I know the IRS's position in its publications now days is that ministers are W2 employees of a church. However, they lost their claim in court with ministers of the Assemblies of God Church (James T. Alford v USA, 8th Circuit, United States Court of Appeals 1997) where it was held that the minister was an independent contractor.Comment
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Office in home?
Boy, I would like to see how he could have a qualified office in home.Originally posted by Bees KneesJiggers, EAComment
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My thinking was commuting also. Misnisters are such a mixed bag. W-2 yet S.E. Tax etc. If he was working several churches I could see office in home but being retired and just working out of this church I think commuting.
Thanks for your replies.
BuckyComment
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Easy...the church has no office space for the minister to write his sermons. The church requires him to have his own home office to prepare for congregation meetings.Originally posted by JiggersComment
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If the general populace knew the tax loopholes ministers have and the ones they make up it would not be a pretty sight. Most non church going people think religion is all about getting their money in the first place and this would seem to confirm it.Comment
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Minister's OIH
I would say that a minister as a self-employed individual qualified for office in the home. Very likely his library is at his home, his study and devotions are done there. This is especially true if he is an interim minister or a supply minister. But this may be true of a regular minister. Churches likely will also provide a books allowance or office expenses but this is not required to have OIC.
Tax Preparers dont make or judge the ethics of any particular group.Comment
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What if he meets with congregation members at his home for counseling or spiritual advising? OR What if he makes Calls from his home office to congregation members to say plan funerals?Originally posted by JiggersComment
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Speak for yourself!
>>Tax Preparers dont make or judge the ethics of any particular group<<
Speak for yourself! I judge the ethics of other tax preparers all the time (although I've toned it down on this forum).Comment
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I judge groups all the time. For instance we won't work with most contractors and I think you all know why. I had an indvidual come in the other day and he didn't want to pay our rates. So I judged him to be a poor choice for a client. I also judge clergy who pull in 80k a year and exempt themselves from Fica taxes not to mention 40k a year in housing allowance and then want to deduct their commuting expense. Maybe I should talk to Nina about that "Tax Gap" thing.Last edited by veritas; 09-12-2006, 07:26 PM.Comment
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Chief is a member of the clergy, who is also a tax professional. I'm sure it is a direct insult to him when you lump his entire profession into one category. Not every clergy member pulls in 80k a year and exempts themselves from FICA, or receives a housing allowance.Originally posted by veritas
In fact, the FICA exemption only applies to a few groups that have a religious objection to public insurance. Very few religions believe such a thing.
I also happen to be a minister, although I receive zero compensation for it. Our religion believes teaching others about the Bible should be voluntary, not done for compensation. I don't appreciate being lumped together with other religions, merely because I am engaged in a public ministry. There are good and bad apples in all professions, including tax preparation.
When Chief said Tax Preparers dont make or judge the ethics of any particular group, it was his kind way of saying stop insulting him on this message board. Insulting other participants on this board is against the board's posting rules.Comment
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Oh please!!! None of the posts in this thread were or should be considered insulting to anyone. Everyone should have a right to complain about one segment of the population benefiting from tax laws that favor only their group. Hello... farmers, clergy, married filing joint, EIC, etc., you are all getting benefits at the expense of someone else. I don't blame the groups... its the system of getting laws passed by the minority and not the majority.Originally posted by Bees KneesComment
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Bees Knees,
You sure do get around, your were a musician, and now a tax preparer and a minister, keep up the good work. I had a friend who was claiming his house was a church some years ago, this was a big thing that started in CA, anyway the IRS audit him and disallow all the deduction he was taking and the exempt tax he wasn’t paying. He ended up selling his house in order to pay back taxes.
I’m ministers also, I teach just from the Bible, don’t believe in organize churches.
QSLComment
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