ECCU Blog

Yes, this is a blog post about the IRS. So, understandably, I’m afraid I might lose you before we even begin. Please don’t check out too soon, though, because here’s the bottom line: The IRS actually has a new program designed to save you hassle and money. 

Good, you’re still reading. Now let’s talk about why this program might be important to your ministry. 

In the nonprofit world, especially in churches, it isn’t uncommon to find misclassification of workers—usually meaning an employee is mistakenly classified as an independent contractor. Why is it a problem? According to the IRS, “Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.” 

The new IRS program allows employers to resolve past worker classification mix-ups. By making a minimal payment to cover past payroll tax obligations, employers can come back into compliance rather than waiting for a dreaded and painful IRS audit. 

If your ministry is eligible for this new program, you can obtain substantial relief from past-due federal payroll taxes. Once accepted into the program, you will pay an amount effectively equaling just over one percent of the wages paid to the reclassified workers for the past year. No interest or penalties are due, and you will not be audited on payroll taxes related to these workers for prior years. 

(Need help determining if you have classification mix-ups? In a blog post I wrote addressing the issue last year, I included a resource from the IRS to help distinguish employees from independent contractors.) 

There you have it. If you discover your ministry has employees who are classified as independent contractors, take advantage of this program to avoid hassle and expense and get into compliance. After all, how often does the IRS try to make things easier for you?

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With political candidates now campaigning in earnest and ballot propositions being developed, churches once again face the tension of whether or how to address political issues. In this context, Richard Hammar’s recent brief article titled “The Value of Tax-Exempt Status” in online ChurchLawandTax.com is worth reading. 

Hammar, a leading specialist in legal and tax issues affecting churches, lists 13 consequences of churches that lose their tax-exempt status. Among them: “Donors no longer could deduct charitable contributions they make to the church.” 

How does your church work through questions of whether or how to become politically active?

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This is the third blog in our series about presenters at the upcoming 2011 Financial Forum for Ministries. Here are John Butler’s email responses to a series of questions about his presentation. John is tax counsel with CapinCrouse LLP. His session is titled, “Tax and Legislative Developments: Long-Term Issues and Hot Short-Term Issues.” 

MBG: How will your presentation help attendees better serve their ministries? 

John: They will be more alert to possible issues and opportunities presented by tax and regulatory changes.                                                 

MBG: What are three important takeaways attendees will learn during your presentation?

John: The first takeaway will be the current status of several major issues affecting religious organizations. A second will be the potential for “refunds” to smaller organizations of a portion of their health insurance premiums. Finally, they’ll walk away with some wisdom for handling IRS notices. 

MBG: What is one suggestion you’d offer to help attendees gain the most from this learning experience? 

John: People often hear great ideas and learn important things at conferences, many of which are good or even necessary. But no one can do everything. Therefore, instead of trying to go home and do many things, plan to leave the Forum with three to five specific action steps that can be implemented at your ministry in the next 30 days. Be concrete and specific. Actually accomplishing those three to five things will benefit your organization far more than a long list of unfulfilled desires. 

MBG: What do you think are the biggest challenges facing ministries today?

John: Our resources—people, time, money—seldom increase at the same pace as people’s expectations. The people I’m talking about are donors, staff, government, even ourselves.   

What is the biggest challenge your ministry faces regarding taxes or government regulations?

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Very few people enjoy discussing taxes, but they are worth talking about nonetheless. 

Richard Hammar, the leading specialist in legal and tax issues affecting churches discusses via video the ten most common payroll tax errors made by churches. 

Check it out here.

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If you’re in Southern California, an upcoming seminar may be of interest to you and your ministry.

The California State Board of Equalization is presenting a free tax seminar for nonprofit and faith-based organizations at the UC Riverside Extension Center. This seminar will cover these topics:

  • Sales and Use Taxes for Nonprofit Organizations
  • Property Tax Exemptions
  • Compliance for Exempt Organizations
  • Regulation of Charities and Fundraisers
  • Employment Taxes and the Nonprofit Organization
  • Federal Tax Issues for Exempt Organizations

Date: Wednesday, September 14, 2011
Time: 9:00 a.m. — 4:00 p.m. (PDT)

To learn more, view the brochure for this seminar here.

To register, visit the California State Board of Equalization’s web page.

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