9 Kasım 2012 Cuma

Compensation to Volunteers

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Question:

A church has used the voluntary services of a bookkeeper and would like to gift to her a $500 gift card. Since she is not an employee of the church, is this gift taxable?

Answer:

The gift card will be treated as taxable compensation for services rendered. If she is an employee, this income will be reported on a Form W-2. If she is not an employee her income will be reported on a Form 1099-MISC (unless her annual earnings fall below $600) and will be reportable by her on Schedule C and also subject to Self-Employment tax on Schedule SE.

Volunteers who incur documented out-of-pocket expenses on behalf of a church may be reimbursed on a tax-free basis. This includes use of an automobile to travel to the church site and on other errands. The mileage reimbursement rate for such volunteers in 2012 is $.14 per mile. In December 2012, the IRS will likely announce its 2013 standard mileage rates.

Missionary Support from Church Acting as a Mission Agency

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Question:

A missionary is receiving partial support from donors who contribute to her home church on her behalf. How should this income be reported by the church and by the missionary?
Answer:

Because the church is not using a mission agency, rather, amounts are sent directly to the missionary, the church is considered the payer of the compensation.
A November 14, 2010, blog post explains the requirements for a church that chooses to act as a mission agency:
Church as Mission Agency
While a church can act as the mission agency, mission agencies can often provide for missionaries better than a church could. Since most mission agencies treat missionaries as their employees, they can establish retirement plans, health plans, and provide many other benefits for the missionaries that a church is unable to provide.
In the absence of a mission agency, the church is responsible to file an information return (either a Form 1099-MISC or Form W-2). The missionary is subject to income and self-employment tax on her earnings.

Loss of PropertyTax-Exempt Status for Parsonage

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Question:

A youth minister and his wife live in the church parsonage where the wife runs a home photography business. Does this business put the church at risk of losing its exempt status?  How can we limit that risk?

Answer:

Perhaps a good place to start is to quick review the aspects of tax-exempt status. Exempt organizations typically enjoy the following benefits:
  • No federal or state income tax on the excess of receipts over disbursements
  • Donors to these organizations receive tax benefits for their contributions
  • Real property owned by the entities are not subject to real estate taxes
  • Purchases of personal property are exempt from sales tax
  • Employee compensation is not subject to federal or state unemployment taxes
Really, the minister should not be worried about losing income tax exempt status, but rather property tax exemption. In virtually all states, church facilities, including parsonages, are exempt from local property taxes. Whether the operation of a photography studio within the parsonage threatens this favorable status is a matter of local law and interpretation.
A September 11, 2010, blog post provides some help for this issue.
Rental of a Church Parsonage to a Non-minister
The posting responded to the following question: [In the situation described] “Will the parsonage lose its status as excluded from the real estate tax rolls of the local government?" We answered:
We recommend taking the same steps in the situation addressed here.

Update of the Driscolls' Two Houses

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On February 8th, the 11th Circuit Court of Appeals slammed the door on the ability to use housing allowances for multiple homes. In a short but definitive ruling, the court states, in essence, that "a" means "one" and that it should not be construed to be able to mean "more than one". The court relies on the consistent use of the term "home" as holding a singular connotation within the statute. Therefore, if a minister was planning on utilizing his or her housing allowance for more than one "home", it is time to make the appropriate adjustments to the 2012 tax estimates.

Couldn't wait to share this one...

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Happy Father's Day.

I found this article at a site called Open Forum. The site appears to be maintained by American Express, and they provide a lot of good material. I'll be going back there.


Your Staff is the Key to Referral Success

John Jantsch April 21st, 2009 - 07:36 PM

Here’s something your customers won’t ever tell you, but you better understand - Your employees are probably treating your customers about the same way you are treating your employees. Soak that in a minute and process the impact that might have on your organization’s ability to generate referrals.
Organizations that easily generate a high number of referrals hire for referral factors and treat their people as the prime target customer. It makes sense of course, happy employees are much more likely to represent the brand in a positive manner.
In all but the most technical positions, much of what employees do on a day to day basis can be taught. It’s much harder, however, to teach someone to be trustworthy, to give or to serve, yet, as stated above, these are key traits of organizations that generate referrals. A habit of referral for any organization that has more than two or three employees then is entrusted to the actions of the entire staff.
Mike McDerment, founder of FreshBooks, an online time tracking and invoicing service located in Toronto Canada shared these thoughts on how he addresses the customer, employee relationship, “First, we try to find people for fit, shared values and a passion for excellence. That doesn’t mean we have some preconceived idea of what they look like. It’s more that they match our brand in some way. We’re not in the billing business, we’re in the service business and we like to have fun. It really makes things easy if we surround our customers with employees that like to serve and like to have fun.”
The final element of the employee as customer habit lies in the word empowerment. While the word empowerment shows up in almost every book ever written about management, it’s a term that is easy to say but not so easy to put into action.
In the 1999 book, First, Break All The Rules: What The World’s Greatest Managers Do Differently, Marcus Buckingham and Curt Coffman published findings from research conducted by the Gallup Organization involving 80,000 managers across different industries.
The primary thesis of the work was that if a company could not satisfy an employee’s basic needs first, it could never expect the employee to give stellar performance.
The research found that a productive employee’s basic needs are: knowing what is expected at work, having the equipment and support to do the work right, and answering basic questions of self-worth and self-esteem by receiving praise for good work and development as a person.
Highly referred companies place so much focus on delighting customers that employees grow to understand that the primary thing that is expected, and even measured, is attaining referrals from every customer.
When this expectation is then reinforced with tools that allow the focus to be on the outcome as much as the process, they often learn to do whatever it takes to get a positive result.
This can be one of the hardest adjustments a small business owner can be forced to make as their business grows.
Larry Ryan founded Ryan Lawn and Tree in the Kansas City area over twenty years ago. He started out on the back seat of a tractor and steadily grew the business by taking care of his customers and employees.
Today, he is the CEO of one of the largest lawn services in the Midwest with over 150 employees and he still admits, “The hardest job I have is getting out of the way and letting my people do what they need to do.”
Although Ryan may claim that empowering employees is still hard for him he has always run his business with the philosophy that every customer will be thrilled and almost no matter how illogical the demand he would try to make it right in the eyes of the customer. He will tell you that this philosophy has caused him to scratch his head in disbelief at times, but he can also recount hundreds of instances when thrilled customers have voluntarily written him notes expressing how incredible it was that their turf manager came back on their own accord to redo a patch of grass that just didn’t work out right.
He hires for personal fit and talent, his employees are 100% certain what is expected of them, and given the tools, permission, and encouragement to take matters into their own hands to achieve the ultimate objective.
As a result his business, generated primarily through referral, has grown steadily year in and year out.

4 Kasım 2012 Pazar

Contacting the IRS Regarding Altered Form 4361

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Question:

A church treasurer recently was handed a Form 4361 by his church's youth minister. It appeared to have been altered. Can the treasurer contact the IRS to get verification of the approval?

Answer:
  Regardless of the youth pastor’s success or failure to gain an exemption from self-employment (SE) tax on ministerial earnings (by virtue of his successful Form 4361 application), the church’s treatment of his wages is unaffected. By definition, a minister is a dual status employee. This means that he is considered self-employed for purposes of SE tax. He is not subject to nor eligible for FICA tax withholding and matching by the church. If he fails to pay his own SE tax on his personal return and it is determined by the IRS that he has no Form 4361 approval, he will be facing a very large tax penalty and interest assessment.
Our website provides an aid to preparing a church's Forms W-2. They are prepared in exactly the same way whether or not the pastor has opted out of SE tax.Select the Microsoft PowerPoint presentation entitled Church and Christian Ministry Compensation Concepts. by following the link provided here.
MS PowerPoint regarding Church Compensation
In one respect, our response could be, “don’t worry about it.” In another respect, our response could be, “Your youth pastor is making a terrible mistake. Whether in ignorance or in malice we cannot tell.”
Regarding a direct contact with the IRS to get verification of the approval, the IRS will not disclose private taxpayer information without authorization from the taxpayer.

Church Gifts to "Volunteers"

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Question:

A minister is in charge of a restricted benevolence type of fund/ministry. He is not an employee of the church but is a member and does volunteer in various church related activities. The church receives gifts, some of which are directed to his ministry and some that are  specifically directed to him, all of which are deposited into the church's restricted fund. The church also gives him $200 per month from the restricted fund. The church has been giving him a Form 1099 for the $200 per month at the end of each year.  Is this correct, or are the monthly gifts the church gives non-taxable to the minister/volunteer.  Is there any potential that the $200 per month could be classified as a benevolent gift?

Finally, are the gifts to him and/or his ministry tax deductible by the donors?


Answer:

It is apparent that the church is providing general and donor-designated financial support for a minister who is providing services endorsed by the church. If the church supports an individual who is doing ministry work, then the support given to this individual will be taxable.
If he is genuinely performing no ministerial services, then it may be appropriate to classify the monies provided him as non-taxable benevolence. 
However, it would be difficult to convince the IRS that (1) an individual could have donors who direct money to his ministry, (2) donors who donate to him personally, and (3) a church who directs funds to him, solely because he is in need of benevolence.
Something to keep in mind: gifts given to support the work of the church and the activities it endorses are tax deductible.