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Temple of Advanced Enlightenment Please visit or
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Churches
Need Not Apply for 501 (C) (3) Status
In order
to be considered for tax-exempt status by the IRS an organization must
fill out and submit IRS Form 1023 and 1024. However, note what the IRS
says regarding churches and church ministries, in Publication 557:
- Some
organizations are not required to file Form 1023. These include:
-
Churches, interchurch organizations of local units of a church,
conventions or associations of churches, or integrated auxiliaries
of a church, such as a men’s or women’s organization, religious
school, mission society, or youth group. These organizations
are exempt automatically if they meet the requirements of
section 501(c)(3).
Churches
Are “Automatically Tax-Exempt”
According
to IRS Code § 508(c)(1)(A):
-
Special rules with respect to section 501(c)(3) organizations.
- (a)
New organizations must notify secretary that they are applying for
recognition of section 501(c)(3) status.
- (c)
Exceptions.
-
(1) Mandatory exceptions. Subsections (a) and (b) shall not
apply to—
-
(A) churches, their integrated auxiliaries, and conventions or
associations of churches.
This is
referred to as the "mandatory exception" rule. Thus, we see from the
IRS’ own publications, and the tax code, that it is completely
unnecessary for any church to apply for tax-exempt status. In the IRS’
own words a church “is automatically tax-exempt.”
Churches
Are “Automatically Tax-Deductible”
And what
about tax-deductibility? Doesn’t a church still need to become a 501c3
so that contributions to it can be taken as a tax deduction? The
answer is no! According to IRS Publication 526:
-
Organizations That Qualify To Receive Deductible Contributions
- You
can deduct your contributions only if you make them to a qualified
organization. To become a qualified organization, most
organizations other than churches and governments, as
described below, must apply to the IRS.
In the
IRS’ own words a church “is automatically tax-deductible.”
Churches
Have a Mandatory Exception To Filing Tax Returns
Not only
is it completely unnecessary for any church to seek 501c3 status, to
do so becomes a grant of jurisdiction to the IRS by any church that
obtains that State favor. In the words of Steve Nestor, IRS Sr.
Revenue Officer (ret.):
- "I am
not the only IRS employee who’s wondered why churches go to the
government and seek permission to be exempted from a tax they didn’t
owe to begin with, and to seek a tax deductible status that they’ve
always had anyway. Many of us have marveled at how church leaders
want to be regulated and controlled by an agency of government that
most Americans have prayed would just get out of their lives.
Churches are in an amazingly unique position, but they don’t seem to
know or appreciate the implications of what it would mean to be free
of government control."
When a church accepts the 501c3 status,
that church:
-
Waives its freedom of speech.
-
Waives its freedom of religion.
-
Waives its right to influence
legislators and the legislation they craft.
-
Waives its constitutionally
guaranteed rights.
-
Is no longer free to speak to the
vital issues of the day.
-
Becomes controlled by a spirit of
fear that if it doesn’t toe the line with the IRS it will lose its
tax-exempt status.
-
Becomes a State-Church.
The church in America today is, by and
large, not speaking to the vital issues of the day. The church has been
effectively silenced. There has been a chilling effect upon the
church’s freedom of speech for fear of IRS retribution should the church
get out of line. The inevitable result is a moral downward spiral in the
culture as the church stands mute.
This did not happen by accident, but by
design, and it is something of relatively recent design. Churches were added
to IRS Code § 501c3 in 1954. All one need do is analyze who is responsible
for sponsoring the congressional bill to include churches in § 501c3 and it
should become apparent that his agenda was not to empower the church, but to
silence the church (hint: the sponsor was a Senator from Texas who later
became President).
The free speech which churches have enjoyed for centuries
in America was not stolen from them, rather, they unknowingly gave it away
when they replaced their natural exempt status as an unincorporated church
with a new and substantially different status as a government authorized tax
exempt 501(c)(3) corporation. The government legally (although not equitably
in this author's opinion) claims a vested interest in the assets of such
government created organizations by reason of the government granted tax
exemption that these unnatural entities are not otherwise entitled to.
(Churches that are not incorporated are not taxable entities nor do they
fall under the purview of the law applicable to 501(c)(3) corporations;
however, they do face other risks and liabilities which corporations do
not.) It appears the original intent of the law as crafted in 1913 was not
aimed at eventually stripping churches of their free speech but that is the
result of it today. Extracting a church from being a 501(c)(3) corporation
and returning it to its natural place is not an easy thing to do and it
could result in the government confiscating all of the church's assets or
forcing it to transfer the assets to another 501(c)(3) organization. This is
a very real probability under the same legally upheld reasoning that permits
them "to ensure that the assets of such organization are preserved for
charitable or other purposes specified in § 501(c)(3)."
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