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Before you
learn how to
ordain pastors, ministers or any level of clergy in your
church organization, it's important to understand what the
impact of that ordination will be. And I don't mean the
religious significance because you are free to ordain anyone you
deem fit your church's internal religious purposes. That is a
religious freedom guaranteed to all churches under the First
Amendment to the U.S. Constitution.
In my
church-starting guide entitled Building
On Faith: Everything You Need To Know About Starting Your
Own Church, I do
not attempt to define a
minister in a Biblical or doctrinal sense. The question is not
whether any authority, other than the Word of God, may evaluate
the ecclesiastical appointments of church clergy. Rather, the
question is whether or not those clergy will be able to claim
and enjoy the benefits of the special tax privileges available to
bona fide ministers under the Internal Revenue Code.
If this is
important to you, then it's not just about
how to ordain
pastors, it also about what U.S.
courts say about this particular issue. Here's a sample of what
courts have held:
“While
religious organizations may designate persons as ministers for
their religious purposes free from any governmental
interference, such a designation does not necessarily determine
their legal or tax status.”
And also,
“No
court will interfere with a church’s decision to designate
anyone as a minister. However, the courts are not bound by such
ecclesiastical designations in defining the term “minister” for
legal or tax purposes.”
Therefore,
if you are starting a Christian church in America, and you plan
to file the Form 1023 application, it is essential that you understand the criteria that will be used by the
IRS to determine whether or not your ministers are entitled to
the special tax benefits for clergy. You really should know
this, partly because you want to know
how to ordain
pastors, and partly because you probably know next to
nothing about how to start a church.
In general, the special tax rules are
available to individuals who satisfy two main requirements:
-
They
must be ministers,
and
-
They must
be getting paid for
services performed in the
exercise of ministry.
In other words, one
cannot claim the benefits of the special tax rules for
income that is derived from services that do not qualify as
"services performed in the exercise of ministry."
Learn all you can, not only about
how to ordain
pastors, but also about the entire process of starting a
church... and more specifically the most important legal and
business tasks. Look to the gold standard in use today by
hundreds of churches in the U.S. It's called
Building On Faith: Everything You
Need To Know About Starting Your Own Church, and it's
written by Abe Hernandez, Esq., a devoted Christian and church
law expert.
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