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Business & farm
I agree with @Opus 17 in that a minister is not classified as a statutory employee.
Ministers have what is termed "dual tax status"; employee for income tax purposes, but considered self-employed for social security purposes (SECA).
I will provide some thoughts which may have already been stated by @Opus 17 :
- The determining factor as to whether or not you should receive a W-2 or a 1099 must be based on the usual common-law test of employee vs independent contractor.
- Ministers who receive a 1099 (based on facts and circumstances) can most likely still receive a housing allowance, but as noted by @Opus 17 , this MUST be determined in advance. You would need to provide the church with the necessary documents to support your request. The church would then provide you with a letter documenting the "church board" approved housing allowance amount.
- Regardless of what is specified as a housing allowance, at the end of the year you would need to document that the housing allowance meets the test of the lesser of: (1) the amount designated either on the W-2 or other documentation as noted above, (2) the fair rental value of the residence, or (3) actual expenses incurred.
- The third sentence is not real clear. You state "without a 1099 to enter as self-employment income". Regardless of whether a minister receives a W-2 or a 1099, both are considered self-employment income for SE Tax purposes. Maybe you are referring to income as reported on Sch C?
- I believe that ministers that receive a 1099 and claim a housing allowance may be more at-risk for an audit. No proof as I'm not sure anyone understands the IRS algorithms.
- In general, I would recommend you consult with a tax professional (who prepares multiple 1040's for ministers) who can have a one on one with you to discuss your particular situation. In this day and age, this individual does not even have to be in your same area.
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
Also keep in mind the date of replies, as tax law changes.
‎August 9, 2020
12:37 PM
1,286 Views