There’s a lot of buzz around ‘508s’ and I thought we should take a minute to clear up some details.
If you have a church, you can choose to apply for tax exempt status under IRS Code Section 26 501c3. Applying in this way, you are asking permission from the IRS to handle your church or ministry affairs without being subject to taxation. You will file a return every year and include all the various reporting paperwork required to maintain your status.
Or, you can opt for the little known exception to that code, under 508c1a.
508c1a is an exception to taxation, rather than an exemption. It’s not something you request. If you have formed a church, by default that organization qualifies under 508c1a until you apply for a different status.
The advantages of being church operating under 508(c)(1)(a) include rights guaranteed under Federal Law 26 U.S.C. § 6033(a)(3(a)
- Tax Exempt, but you cannot issue tax deductible receipts for donations
- Exception from Federal reporting (does not file a tax return)
- Not subject to public scrutiny due to the nonreporting requirements required by the 501c3 status
- Not required to file for non-profit status with the IRS
- A 508c1a is subject to all the rules of 501C3
So does your organization meet the definition of ‘church’? Actually the IRS has not defined ‘church’ and legally cannot. It has published the following examples of what they consider to be a church. The following is from the IRS website:
The term church is found, but not specifically defined, in the Internal Revenue Code. With the exception of the special rules for church audits, the use of the term church also includes conventions and associations of churches as well as integrated auxiliaries of a church.
Certain characteristics are generally attributed to churches. These attributes of a church have been developed by the IRS and by court decisions. They include:
Distinct legal existence
Recognized creed and form of worship
Definite and distinct ecclesiastical government
Formal code of doctrine and discipline
Distinct religious history
Membership not associated with any other church or denomination
Organization of ordained ministers
Ordained ministers selected after completing prescribed courses of study
Literature of its own
Established places of worship
Regular religious services
Sunday schools for the religious instruction of the young
Schools for the preparation of its members
The IRS generally uses a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for federal tax purposes.
Besides operating as a bona fide church in multiple other ways, it’s recommended that you have a ‘Definite and Distinct Ecclesiastical Government.’ Your properly formed founding documents are the bedrock of your Ecclesiastical Government.
Learning the ins and outs of how to best form the foundation of your church is something I can help with. If you’re considering forming a Private Membership Association (PMA) or Faith Based Organization or Church, please reach out to me before you commit to any documents. I can help you navigate some potential pitfalls and misinformation that are currently being promoted in the online freedom community.