Jimmy Snyder
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A church is a non-prophet?
Meh, dunno. I can see the IRS wanting to reduce their paperwork and they wouldn't get much out of having such paperwork filed. Is that really a big issue though?Gokul43201 said:Do you think churches should be exempt from having to file paperwork to show they have zero business profit?
russ_watters said:Our association has no 3rd party "owners" who could take our profits, if such profits existed.
russ_watters said:There is a good reason why you would treat a church differently from, say, the Girl Scouts: Churches are mostly self funded while the Girl Scouts operates much more like a business, drawing substantial income from selling products.
DavidSnider said:
russ_watters said:Jack, you say they are different: HOW?
russ_watters said:Churches have owners beyond just the members? Can you substantiate that? No, it most certainly is not obvious: it flies in the face of what churches are.
And I see nothing in that wiki link to support the idea that the pastor profits from the church beyond his income. Are you saying he owns it? Can you prove it?
I think you are making assumptions about things you do not know here.
russ_watters said:And I see nothing in that wiki link to support the idea that the pastor profits from the church beyond his income. Are you saying he owns it? Can you prove it?
Grammatically, the second sentence is a claim that churches do have owners beyond the members. Are you saying that you didn't intend that there are additional owners, just additional people who could take a profit? That's not what ownership is or what profit is.Jack said:You said that your homeowner's association has no owners that could take a profit if such profits existed. Churches do.
Please provide a quote, because I'm not seeing it.DavidSnider said:That's exactly what MY link showed.
In 2003, Popoff's ministry received over $9.6 million and by 2005 the amount had risen to over $23 million. In that year he and his wife were paid a combined total of nearly $1 million, while two of his children were receiving over $180,000 each.[37] Financial data is not available for Popoff's ministry following 2005 because Peter Popoff Ministries changed from a for-profit business to a religious organization in 2006, making it tax-exempt.[38] Popoff purchased a home in Bradbury, California for $4.5 million in 2007.[39][40] He reportedly drives a Porsche and a Mercedes-Benz.[41] Some reporters are urging those who have donated money to Popoff in hopes of receiving "miracles" to report to the Attorney General in their state.[8]
Clear cut about what? What is your claim, David?DavidSnider said:My example was too sketchy as they closed the inquiry prematurely. Let's go to a more clear cut example.
http://en.wikipedia.org/wiki/Peter_Popoff#Financial_details
russ_watters said:You said: Grammatically, the second sentence is a claim that churches do have owners beyond the members. Are you saying that you didn't intend that there are additional owners, just additional people who could take a profit? That's not what profit is.
Saying that "he's basically in control of it" and could therefor steal money from the church is not a fundamental difference between him and my homeowner's association: My homeowner's association has a President who has a check book and who could write himself checks.
But none of that has anything at all to do with whether churches (mega or otherwise) should pay taxes. Moreover/as such, this has nothing to do with the IRS -- it isn't the IRS's job to look for civil fraud (the pastor in this hypothetical would be stealing from the members, not the IRS). The IRS is not some private accounting firm that audit's peoples' books to look for fraud or skimming. What you are suggesting would make the IRS a government sponsored accounting firm that would -- free of charge, I assume? -- provide financial audits to companies to help them ensure their staff isn't stealing from them. Wow, would companies ever love that! Except for the private accounting firms who currently provide that service, of course! And taxpayers who would have to fund it.
I think, also, you are under the false impression that non-profits file full-fledged tax returns that would provide the sort of information required do do such an audit. I'm pretty sure they don't -- I looked that up and IIRC, non-profits file a little form that states that they are non-profit and that's it. Filing that form to register as a non-profit is what churches are exempt from. I'll have to double-check that/get the link when I get home later, though.
Generally, tax-exempt organizations must file an annual information return ( Form 990 or Form 990-EZ). Tax-exempt organizations that have annual gross receipts not normally in excess of $25,000 ($50,000 for tax years ending on or after December 31, 2010) are not required to file the annual information return; they may be required to file an annual electronic notice, however. In addition, churches and certain church-affiliated organizations are excepted from filing.
DavidSnider said:As others have said the issue isn't merely whether they should pay taxes, but whether it's prudent for them to file. I don't see any reason for legitimate churches to pay taxes.
Churches and religious organizations may
be legally organized in a variety of ways
under state law, such as unincorporated
associations, nonprofit corporations,
corporations sole, and charitable trusts
To qualify for tax-exempt status, such an
organization must meet the following requirements
(covered in greater detail throughout this publication):
■ the organization must be organized and operated
exclusively for religious, educational, scientific, 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
In general, rents from real property, royalties, capital
gains, and interest and dividends are not subject to the
unrelated business income tax unless financed with
borrowed money.
Does the church own the house or did they buy it it and deed it to the man? That would be a violation and fraud charges could be filed against the church and the man.In 2003, Popoff's ministry received over $9.6 million and by 2005 the amount had risen to over $23 million. In that year he and his wife were paid a combined total of nearly $1 million, while two of his children were receiving over $180,000 each.[37] Financial data is not available for Popoff's ministry following 2005 because Peter Popoff Ministries changed from a for-profit business to a religious organization in 2006, making it tax-exempt.[38] Popoff purchased a home in Bradbury, California for $4.5 million in 2007.[39][40] He reportedly drives a Porsche and a Mercedes-Benz.[41] Some reporters are urging those who have donated money to Popoff in hopes of receiving "miracles" to report to the Attorney General in their state.
Oltz said:Does the Church own the property and allows him to use it as part of his station? That would be allowed as long as it was actually approved by the church.
He has full control over it.the Committee reports that the bylaws of Copeland's church state: "Kenneth Copeland, as Co-founder and ex officio member of the Board of Directors, shall in his sole discretion be empowered to veto any resolution of the Board which he the President shall determine is not in the best financial or operational interests of the Church."
So here, the "church" is just a rubber stamp for the founder to approve whatever he wants for himself.A former staff member of Whites' church told the Committee that the church did conduct regular board meetings; however, all decisions concerning the church were made by the Whites and their CFO. The board members typically found out "after the fact."
Oltz said:If his followers do not complain there is no legal wrongdoing
I stand corrected -- I remembered my research.Jack21222 said:Non-profits DO file full-fledged tax returns. Here's the 990-ez form, which small non-profits have to file: http://www.irs.gov/pub/irs-pdf/f990ez.pdf
So they have power because of their unofficial stature that puts them in a position to be able to steal from the church? Official or unofficial, such people exist in most organizations. They are not unique to churches.You're nitpicking. I am saying that churches have founders and presidents who are de facto owners. They have boards which do whatever the president tells them to do, and the president often has "emergency powers" to overrule the board.
Both parts of that are ridiculous. If someone is stealing from a non-profit, it has nothing whatsoever to do with the non-profit's tax exempt status.All of this is incorrect. It absolutely IS the IRS's job to look for abuses of non-profit status. If the president of a non-profit is having his non-profit organization buy him million dollar vacation homes and a private jet for personal use, that would jeopardize the non-profit status of the church, AND THEN THE NON-PROFIT WOULD HAVE TO BE TAXED.
I'd quibble with it being an establishment clause issue, but otherwise have no objection to the reporting as an issue of fairness.I'll state it once again: I believe such exemptions for religious 501c3 organizations is a violation of the establishment clause.
According to your link, Popoff had a for-profit business and filed taxes, but still committed fraud. He's now converted that business to a church and your assumption appears to be that he's probably still committing fraud. I think that's a reasonable assumption. But we're getting further and further away from the subject of the thread. Popoff is not a typical church. If the law is so loose that it enables a fraudster like him to easily conceal fraud and evade taxes, fine -- I give. Make churches file that form.DavidSnider said:But do you think that guys like Popoff shouldn't have to file simply because they call themselves a church?
For clarity, here are the top 25 paid CEOs of non-profits:russ_watters said:*Where I think you are going with this is that it sounds like you and David don't think it should be possible to get rich legally by being a pastor. Is that what this is about?
russ_watters said:I stand corrected -- I remembered my research.
And if all you care about is equality in reporting that's fine, but what you are saying is still suggesting more: So they have power because of their unofficial stature that puts them in a position to be able to steal from the church? Official or unofficial, such people exist in most organizations. They are not unique to churches.
If all you intended from your first post this morning is that there are some people in churches who are in a position to steal from those churches, then we have no disagreement and you misread the post you were responding to if you thought we did. Both parts of that are ridiculous. If someone is stealing from a non-profit, it has nothing whatsoever to do with the non-profit's tax exempt status.
With a quick google, you can find thousands of examples of people stealing from non-profits. Here's two:
http://www.wsbtv.com/news/news/local/woman-steals-thousands-dollars-autism-nonprofit/nHXGz/
http://smallbusinessbandits.com/archives/389
In the first case, the theft was found by the home office of the national non-profit. In the second, the theft was found by the IRS looking into the thief's personal tax return. In neither case did the IRS find the fraud by looking into the non-profit's finances nor does either article suggest that the non-profit's tax exempt status would be in jeopardy as a result. The idea that it would be just does not follow logically. But hey -- it's your claim and since there are thousands of examples of people stealing from non-profits, you should be able to substantiate it if it is true.
I think I know where you're going with that (more later*) and it is wrong-headed thinking.
The second link, by the way is an organization that tracks such stories and they have hundreds, so if such examples exist, I would think you will find them there.
I'd quibble with it being an establishment clause issue, but otherwise have no objection to the reporting as an issue of fairness.
*Where I think you are going with this is that it sounds like you and David don't think it should be possible to get rich legally by being a pastor. Is that what this is about?
Private inurement is prohibited in all nonprofits. It happens when an insider — an individual who has significant influence over the organization — enters into an arrangement with the nonprofit and receives benefits greater than she or he provides in return.
The most common example is excessive compensation, which the IRS condemns through intermediate sanctions (significant excise taxes). Insiders — referred to in IRS parlance as "disqualified persons" — can be high-level managers, board members, founders, major donors, highest paid employees, family members of any of the above, and a business where the listed persons own more than 35 percent of an interest.
Also:It also pays to be the friend or family member of a televangelist. For example, during the Committee investigation, Randy and Paula White divorced. An insider told the Committee that Randy placed his new girlfriend and her parents on payroll and gave them retroactive back pay. According to the Committee, Paula's son, and Randy's son, daughter, and father are also on the payroll. The four of them were paid a total of $420,000, $560,000, $700,000 and $1,075,000 in 2004, 2005, 2006, and 2007, respectively.
The Committee reported that some churches allegedly ordain friends, family members, and employees solely for the purpose of getting them the income tax exclusion.