IRS issues word on churches & politics

August 24, 2008

With the Democratic Party Convention kicking off tomorrow and the Republican Party event on its heels, the IRS thought it a good time to remind religious groups what is and isn’t acceptable as far as tax-exempts group and political activities.

OK, maybe it wasn’t an act of the tax gods, but merely a coincidence. Still, what with the recent Saddleback Show, it’s a good idea to make it clear — again — that the IRS still has some degrees of separation of church and state when it comes to collecting revenue. Blur those lines, and the agency will want some money.

Here’s what IRS Publication 1828, Tax Guide for Churches and Religious Organizations, has to say in its preface:

     Congress has enacted special tax laws applicable to churches, religious organizations, and ministers in recognition of their
unique status in American society and of their rights guaranteed by the First Amendment of the Constitution of the United States. Churches and religious organizations are generally exempt from income tax and receive other favorable treatment under the taxIrs_guide_church_religious_groups_3
law; however, certain income of a church or religious organization may be subject to tax, such as income from an unrelated business.

     The IRS offers this quick reference guide of federal tax law and
procedures for churches and religious organizations to help them
voluntarily comply with tax rules. The contents of this publication
reflect the IRS interpretation of tax laws enacted by Congress,
Treasury regulations, and court decisions. The information given is not
comprehensive, however, and does not cover every situation. Thus, it is
not intended to replace the law or be the sole source of information.
The resolution of any particular issue may depend on the specific facts
and circumstances of a given taxpayer. In addition, this publication
covers subjects on which a court may have made a decision more
favorable to taxpayers than the interpretation by the IRS. Until these
differing interpretations are resolved by higher court decisions, or in
some other way, this publication will present the interpretation of the
IRS.

The Guide has a 9-page section on political campaign activity that covers
ministers speaking on their own behalf, issue advocacy, inviting
candidates to speak at church events, voter education, voter
registration and get-out-the-vote drives.

As far as religious groups’ online efforts, the Guide says that if a 501(c)(3) organization posts material on its Web site
that supports or opposes a candidate for public office, the IRS will treat that Internet posting the same as if the bricks-and-mortar church had handed out the materials or made the statements.

And be warned, says the IRS: A tax-exempt organization is responsible for the consequences of linking to another
Web site even if the religious group has no control over the linked site’s content.

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Comments
  • It’s interesting that churches are responsible for the contents of external web sites. Most government agencies that link to external web sites have a warning page when linking to another site that says the government is not associated with the content on the other site.

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