A legal challenge to the federal housing allowance for ministers may concern some churches that offer this tax-free benefit to their clergy. If yours is among them, it would be wise to reach out to trusted tax and legal advisors to learn more about the topic. In addition, ministries can do a few things to prepare for potential changes in the law.
First, a little background. Churches often give ministers a housing allowance to help pay for expenses related to their apartments, houses, or church parsonages. This money is exempt from federal income taxes, as long as the recipient fits the tax code’s definition of a minister. A group called the Freedom From Religion Foundation sued the Internal Revenue Service in Wisconsin, claiming that the tax exemption is unconstitutional because it only benefits religious people.
On December 13, 2017, a federal district judge in Wisconsin issued a final order in favor of the group, declaring the housing allowance unconstitutional. The order has no immediate impact, however, because the ruling will not be enforced until 180 days after all appeals have been exhausted.
The IRS is expected to appeal the order by U.S. District Court Judge Barbara Crabb, who issued her initial ruling on October 6, 2017. In 2013, Judge Crabb ruled against the housing allowance in a similar case brought by the Freedom From Religion Foundation. The ruling was overturned on appeal in 2014.
Initially, the court’s decision would apply only to Wisconsin pastors who claim a federal housing allowance exclusion for property they rent or own. It would not affect anyone living in a parsonage provided by a church. Nor would it apply to pastors living outside of the state.
If the Seventh Circuit U.S. Court of Appeals were to uphold the Wisconsin court’s decision on appeal, the ruling would also affect ministers in Indiana and Illinois.
There’s a slim chance that the U.S. Supreme Court could hear the case on appeal and issue a ruling with national ramifications. That process would likely take years. It’s also possible that the IRS could decide to apply the Wisconsin judge’s ruling to all U.S. taxpayers.
There’s also a chance that the ruling could be applied retroactively. If that were to happen, it could prompt the IRS to go back and require amended tax returns of all pastors who claim the housing allowance exclusion between October 6, 2017, and the date the lawsuit is resolved.
Uncertainty about the future of the housing allowance could cause concern for both churches and the pastors who rely on this exclusion as a part of their compensation. For financial planning purposes, church leaders could consider taking the following actions:
Ministries may continue to designate housing allowances for all pastors who qualify for the tax exemption. It could be several years before anything changes, or the tide could shift more swiftly. It’s important to be aware that the housing allowance is being challenged, and it could affect ministries. Ministry leaders may wish to explore actions that could offset the potential impact on their pastors.
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