How old does one have to be to be an ordained minister?
Ministers are of all ages, however, in some states you can not officiate at a wedding unless you are at least 18 years old. The legal may vary in different states, so check with your local Marriage Bureau for your state's requirements.
As a Minister, what tax exempt privileges as I allowed?
In most cases none. As a private citizen, all your earnings are subject to taxation. Some states do allow an exemption on private property for the clergy. Check with you local Assessor.
What services do I have to perform as an ordained minister?
There are no specific duties required, other than those needed by the congregation. You are authorized to perform all ministerial duties such as: baptisms, marriages, funerals, and to conduct church worship and meetings.
I am a prisoner; can they discriminate against me legally for being a Universal Ministries minister?
NO. Congress passed Title of 1964, 42 U.S.C. discrimination against basis of religion, which prohibits persons in prison to be discriminated against on the basis of religion.
What authority do you use for ordaining ministers into the Universal Ministries?
From the New Testament: St. John states "Ye have not chosen me, but I have chosen you, and ordained you, that you should go and bring forth fruit, and that your fruit should remain, that what so ever ye shall ask of the Father in my name, he may give it you."
Do Universal Ministries ministers get discounts on buses?
That is a tricky question. The answer is "not always". There are some companies that allow this, but on the same token (not bus token), there are some that do not. For more information, contact the companies that you are interested in doing business with.
Does a church have to reveal the sum and substance of its religious basis?
No. A church may be established on the basis of Liberty of Religion and permit to each of it's ministers the Liberty of Conscience to which they are naturally entitled. In Everson v. Board of Education, 330 US 203, 91 L. Ed. 711, it was held that: "The establishment of religion, of the First Amendment means at least this: Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force or influence a person to go to or remain away from a church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or nonattendance."
What sections of U.S. Title 26, the Internal Revenue Code, apply to churches?
Of particular importance are sections 107, 170, 501, 511, 513, 1402, 2055, 2106, 2522, 3121, 3401, 6033, 7605, and 7214. However, it is up to each minister and each congregation to be acquainted with the provisions of the Internal Revenue codes of the federal government and the Revenue and Taxation codes of their own state.
Is the Universal Ministries liable for excise taxes?
No, as a public foundation (churches are not private foundations), the Universal Ministries is not subject to the excise taxes required by Chapter 42 of the Internal Revenue Code, U.S. Title 26, and most states follow the same policy.
Should the Universal Ministries file a Form 990T to report unrelated business income?
Perhaps, depending upon whether a particular congregation had unrelated income, as defined in sections 511 and 513 of the Internal Revenue Code, a congregation may wish to file a report of unrelated business income on Form 990T.
May a congregation have a postal Bulk Rate mailing permit?
Yes, a congregation as a nonprofit organization is entitled to mail at a bulk rate. This is a bulk rate which is available to all nonprofit organizations. Ask your local postmaster about these rates and the permit required.
Can the congregation send fund-raising materials through the mail?
Yes, providing it does not break Postal Laws (ie) Chain letters which request money, bonds, books, or other items of value, and promise a substatial return to the remitter, are regarded as non-mailable under Postal Lottery and Fraud Laws, Title 18, U.S. Code, Sectoins 1302 and 1341.
Most states allow you to use just about anything as a meeting place. However, there are a few exceptions. so we suggest you contact the appropiate authority in your state.
Can I donate to the congregation if I'm the minister and a member of the Board of Directors?
Yes. The law says you may donate. It is no more than a coincidence if you are the minister and member of the Board of Directors of the congregation to which you make a donation.
What happens to my congregation's assets when I die? Does all the money then go to the Universal Ministries?
Your congregation is operated by a Board of Directors. Upon your death as minister, the remaining Board members simply appoint a new minister and the congregation goes on indefinitely.
Can the congregation pay for my health insurance if I am a member of the Board of Directors?
Yes - if the Board of Directors votes that all of the members should be covered with such insurance. You may vote to have the congregation reimburse the members for all medical, hospital, dental and other health care, including medications, provided such coverage is for all members and intended to insure the uninterrupted work by taking care of the health of the Board members.
May I donate real or personal property to the congregation if I am the minister and member of the Board of Directors?
Yes. Real or personal property may be donated. We suggest that you do not donate property to your congregation unless it is a willing gift of which you relinquish all claim.
Could the board of trustees vote to give me as Minister an allowance (no salary) of $750.00 per month for housing and transportation, and other expenses without my having to report or account how it is spent?
Records must be kept of all congregation expenditures.
Can a congregation start a nursery? If so, does it need a state license?
Yes, a congregation may start a nursery. If the congregation intends to make it's services open to the general public then yes, a license to operate a nursery must be obtained from the state.
Can the congregation provide me with an automobile if I'm the minister?
Yes, if the automobile is to be used on church business. The congregation can lease a car for the Minister's use (including the car you already own) and vote to pay all expeses relating to the operation of that car, including the gas, oil, repairs, license fees, insurance, etc. Or, the Board of Directors may vote to have the congregation buy a car and maintain it for the use of it's Minister. The Board of Directors may wish to provide other services for it's Minister, such as a house, insurance, medical services, etc., in a similar manner.
Can the real property be declared a church where there is no building, and be exempt from tax as such?
Your congregation can hold meetings wherever the Board of Directors may decide. However, any property used exclusively for church services, and only that part, may be eligible for tax exemption. Check with your local tax authority.
Generally, churches meet on a weekly basis, however, there is no rule in the law so it may be assumed that the meetings are so spaced as to be reasonable for the religious purpose of the congregation.
How could I find out about property tax exemption for my congregation?
Contact the local county tax assessor for all such information. It varies from county to county because it is local government function, as it should be.
What other than money and property can be donated to the congregation?
Almost anything; such as jewelry, paintings, antiques and other objects of art. Household goods, used clothing, collections, and books. The list is almost endless. For further information, ask the IRS for Publication concerning the Valuation of Donated Property.
Is it necessary for our congregation to keep records of who made donations to it?
As a congregation, it is your duty to substantiate the donations made by yourself and members of your ocngregation. If you have made regular reports for your congregation, it is a simple matter to verify the legitimacy of your donations.
I am in the military; can the Board of Directors grant me a housing allowance in addition to that given to me by the military?
Yes, but since the government already provides you with housing (and, since the Board cannot pay for your housing directly and must make it's bestowal in cash or it's equivalent), such could be considered by the IRS to be taxable income.
If the congregation gives him a travel allowance, or pays directly for part of the Minister's auto expenses, can he still take this as a personal deduction on his 1040?
No; the congregation has paid this as a service direct and it can not be deducted on his personal return.
Do the Board Members have to be local, or can they be from another state?
When at all possible, it is a good policy to have at least two of the members local. This is a majority (quorum) to transact business for the congregation.
What types of investments and incomes may churches have?
It has been the policy of the Federal Government to actually promote organized religion by granting it almost total tax immunity. All income that accrues to a non-profit church is tax exempt (with the exception of unrelated business income). There are about six different kinds of church income, five of which are totally tax exempt.
1) Donation Income - All money and property donated or willed to a church or otherwise received from it's church members is tax exempt. A church may perform any type of service or engage in any business activity for the benefit of its members without paying taxes on the income.
2) Fund Raising Activity Income - Whenever a church sponsors a fund raising activity and charges admission, the income is tax exempt. All income that is generated by various church members by donating their services in return for contributions to their church is tax exempt.
3) Passive Church Investmet Income - All income earned by a church via its own investments in stock, bonds, rental properties, bank accounts, etc. is tax exempt. A passive investment is any investment that does not require day to day management and supervision by the directors of the church.
4) Capital Gains Income - Any income or profit realized by a church from the sale of church owned assets is tax exempt.
5) Related Business Income - any income that accrues to a church from a business venture that can be justified one the basis that the business is related to the mission of the church is tax exempt. Several examples of related business income can be found throughout the Catholic Church with regard to the radio and television stations that the church owns and operates. Churches are also engaged in publishing as well as the life insurance business. The Lutheran Church maintains a $3 billion insurance fund exclusively for church members.
6) Unrelated Business Income - Church can own and operate any kind of business. If the IRS can prove in court that the income from a particular business venture is not related to the overall mission of the church, then it can force the church to pay taxes on the inceome. The most famous and recent example of this is when the IRS finally forced the Christian Brothers Winery to pay income taxes on the revenue they received from the production and sale of liquor related products.
"Self dealing" includes borrowing or loaning money, buying or selling property, and any other activity in which a profit may be made for the Trustees or members of the Board of Directors - except that anyone may receive compensation reasonably related to services actually performed.
My friend and I both have congregations. If I make a contribution to his congregation, and he contributes to mine, would that be considered "self dealing"?
My congregation operates a service station. Do I have to pay taxes on the income?
Yes. This is "unrelated business income" - it has nothing to do with religious purposes of a church even though the congregation operates the station. All unrelated income is taxable.