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Employee or nonemployee

by Kim

The church pay him weekly, but he does not considered as an employee of the church because he does not want the church to match his payroll tax, and he will pay payroll as self employment tax. He said, he is a paid volunteer.

Is it legal for him to considered him as a paid volunteer not an employee of the church?

P.S this church is very small and has no payroll tax.

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Comments for Employee or nonemployee

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Sep 20, 2010
Employee or Independent Contractor
by: Vickey

I mean no disrespect, but the decision whether or not he is an employee of the church is not up to him. The church must correctly determine whether the individuals providing services are employees or independent contractors.

See this IRS page regarding making that determination.

See this article: Employee or Self-Employed?

Sep 25, 2012
Are we required to pay the Pastor a salary?
by: Anonymous

Our Pastor does not receive a salary. He does not want a salary. However,since the IRS considers him an employee are we required to pay him a salary? By law, should we actually be paying him a salary regardless of how he feels? If not, should it be stated in the by-laws?

Oct 31, 2012
Volunteer Pastor
by: Vickey

No you are not required to pay him a salary.

There are many small churches that cannot afford to pay their pastor anything.

He would be considered a volunteer and not an actual paid employee.

I think it would be wise to record his non pay status in your minutes.

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