
Glossary
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 congregations; regular religious services; Sunday
schools for the religious instruction of the young; schools for the preparation
of its ministers.
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. The IRS makes no attempt to evaluate the content of
whatever doctrine a particular organization claims is religious, provided the
particular beliefs of the organization are truly and sincerely held by those
professing them and the practices and rites associated with the organization’s
belief or creed are not illegal or contrary to clearly defined public policy.
Integrated
Auxiliary Of A Church. The
term integrated auxiliary of a church refers to a class of organizations that
are related to a church or convention or association of churches, but are not
such organizations themselves. In general, the IRS will treat an organization
that meets the following three requirements as an integrated auxiliary of a
church.
The organization must:
■
be described both as an IRC section 501(c)(3) charitable organization and as a
public charity under IRC sections 509(a)(1), (2), or (3),
■
be affiliated with a church or convention or association of churches, and
■
receive financial support primarily
from internal church sources as opposed to public or governmental sources.
Men’s and women’s
organizations, seminaries, mission societies, and youth groups that satisfy the
first two requirements above are considered integrated auxiliaries whether or
not they meet the internal support requirements. More guidance as to the types
of organizations the IRS will treat as integrated auxiliaries can be found in
the Code of Regulations, 26 CFR section 1.6033-2(h).
The
same rules that apply to a church apply to the integrated auxiliary of a church,
with the exception of those rules that apply to the audit of a church.
See section
Special Rules Limiting IRS Authority To Audit A Church
on page 22.
Minister.
The term minister
is not used by all faiths; however, in an attempt to make this publication easy
to read, we use it because it is generally understood. As used in this booklet,
the term minister denotes members of clergy of all religions and denominations
and includes priests, rabbis, imams, and similar
members of the clergy.
IRC
Section 501(C)(3).
IRC section 501(c)(3)
describes charitable organizations, including churches and religious
organizations, which qualify for exemption from federal income tax and generally
are eligible to receive tax-deductible contributions. This section provides
that:
■
an organization must be organized and operated exclusively for religious or
other charitable purposes,
■
net earnings may not inure to the benefit of any private individual or
shareholder,
■
no substantial part of its activity
may be attempting to influence legislation,
■
the organization may not intervene
in political campaigns, and
■
the organization’s purposes and
activities may not be illegal or violate fundamental public policy.
These requirements are
set forth in greater detail throughout this publication.
Page
23

Page 3 of the same publication
Recognition of Tax-Exempt Status
Automatic Exemption for Churches
Churches that meet the requirements of IRC section 501(c)(3)
are automatically considered tax exempt
and are not required
to apply for and obtain recognition of tax-exempt status from the IRS.
Although there is
no requirement to do so, many
churches seek recognition of tax-exempt status from the IRS because such
recognition assures church leaders, members, and contributors that the church is
recognized as exempt and qualifies for related tax benefits.

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