The Parsonage Primer By: Edward Guttenplan, CPA, MBA Wilkin
Transcription
The Parsonage Primer By: Edward Guttenplan, CPA, MBA Wilkin
The Parsonage Primer By: Edward Guttenplan, CPA, MBA Wilkin & Guttenplan, P.C., CPAs Synagogue Services Group Parsonage represents a portion of a clergy's compensation that is attributable to housing and housing related expenses. Congress has afforded clergy favorable tax treatment with respect to the financial arrangements relating to their housing expenses. The technical tax requirements of utilizing this very favorable tax attribute of clergy compensation is often misunderstood, misapplied, or in the worst case abused to the detriment, upon audit, to the clergy. Parsonage can be in one of two forms, either the church or synagogue can provide actual housing, that is they own the clergy's home and allow the clergy to live there, or they can provide a dollar allowance to the clergy so that they may acquire and own their own home. It is clear that the IRS and Congress intended housing costs in connection with the ministry not be subject to income tax. Parsonage however is subject to self-employment tax or FICA and Medicare. Amounts paid to the clergy for a housing allowance or the actual provision of housing through church or synagogue owned property is considered housing and thus subject to all of the requirements of a housing allowance. The Clergy Housing Allowance Clarification Act of 2002, provides that the parsonage component of a clergy's compensation package cannot exceed the fair market value rental of the residence, including furnishings, plus utilities. This is a deviation from past history, which allowed the clergy to characterize parsonage in any amount that was attributable to housing related expenses. So effective for the 2002 tax year, the portion of a clergy's compensation that can be characterized as parsonage is limited to the fair market value rental, including furnishings, plus utilities of the housing. To the extent that either parsonage payments or the actual provision of housing exceeds that amount, it will be subject to income taxes in addition to social security/self-employment taxes. To the extent it is lower the actual amounts will apply. One further compliance point, although it is has not been clearly tested or articulated in the requirement is that the congregation board authorize or approve the allocation of the compensation package between parsonage and compensation annually, in advance of received by the clergy. The board should annually, in advance of payment, confirm compensation package is split between taxable compensation and parsonage. the law, clergy's it being that the What does this mean to your congregation? Clearly, if your congregation is like every other congregation to the extent that the Rabbi receives adverse consequences of tax treatment afforded his compensation package, it will ultimately affect the net amount available for meeting family expenses. Clergy have tremendous demands placed on them, including being role models for our communities, and educating their children. To the extent that after tax cash flow is impacted by negative tax consequences, it will undeniably be a cost that congregations will bear in facilitating the appropriate lifestyle for their clergy. We strongly recommend the following: 1. The portion of the Rabbi's compensation package that is designated as parsonage (and therefore subject to only self-employmentfFICA and Medicare taxes and not income taxes) is no more than what is the fair market value rental of his residence, including furnishings, plus utilities. 2. The board of trustees approves the allocation of the clergy's compensation that is attributable to parsonage in advance, or at the beginning of each year. 3. Encourage the Rabbi to utilize a tax advisor who is knowledgeable in the unique tax requirements of clergy and ministers. 4. The board of trustees understands that any long-term relationship between the congregation and the clergy must enable the clergy to achieve financial stability and security. Furthermore, clergy's orientation and expertise is generally in an area other than tax law and economics, and a partnership must be established for a win/win outcome. We have substantial experience in this area and would be delighted to help you and your congregation achieve that win/win situation with your Rabbi, and, equally important help minimize the risk of an adverse tax result of inappropriate or unrealistic tax positions taken by either the Rabbi or the synagogue. Should you have any questions, please feel free to contact us.