by Gerald
(Raleigh, NC)
We've had a question arise concerning love offerings. I understand the basic rationale for the offering being non-deductible for the giver, but also not being taxable compensation to the recipient, but my question is this:
If an individual writes a check payable to the church, but designated as a love offering to the pastor (or other person), the church does not consider it a charitable contribution and merely processes the check through the church's bank account and then writes a single check for the love gift. On your website you made the following comment:
"Another example of this is when the church takes up a love offering for the pastor. If the love offering is given directly to the pastor and is not processed through the church's contribution records, then the contributors are not going to be able to deduct their donation. The love offering is a non-taxable personal gift to the pastor by the church members."
So, I am wondering what it actually means to have a love offering "processed through the church's contribution records?"
If the church merely acts as a conduit, has no control over the gift since it is designated to a specific individual, does not treat the gift as a charitable donation (and communicates this to the giver), would the gift still be considered as being "processed through the church's contribution records?"
Of course, the church could just require love offerings to be only in cash or checks payable directly to the recipient, but the church prefers to not have the recipient know the names and amounts of specific givers. So, we're trying to find a way to keep the love offering details private, but still have it treated as a non-taxable gift vs. taxable compensation.
Thanks for any advice.
40Comments
Love Offering to Pastor
AAnonymous
I’m new to church accounting. I understand that a love offering is not tax-deductible for the contributor and is taxable as income to the pastor. My question is how do I give the money to my pastor? The contribution was made thought the church website with a credit card and noted for my pastor for Christmas. So, I would have to run it through the church accounting. Do I just write him a check for the full amount? He gets paid on a W2 so do I run it through payroll and note it as bonus pay? Or does he just report it when he files his taxes? I’m confused. Thank you for any advice.
Pastor and one other control of Benevolent Fund
AAnonymous
We have a Deacon Committee comprises of 4 deacons and a Pastor. Over the last five years, we have been getting donations from an estate totaling $30,000.00. Pastor and one Deacons are signers of the bank account. They do not share or discuss who they helped over the last five years. It's bank account is not recorded in the church books. Totally blind by the Church Council.
I recently became the Treasurer of the church and asked Pastor to reveal balance, and to hand $$ over to the church and be recorded in church. I asked for documentation to support the disbursements. He is reluctant and said he would give receipts but no name of the recipients. Is this alright?
Large sums collected during Anniversary
Cchairman
evangelist tax return
Ppaul
Love Offering Taxable
VVickey
"Should a member of the church who performs work say in our computer department but was not asked to take on that particular job receive a love offering from the church and not be given a 1099 tax reporting form?"
Yes... you can give them a love offering...but...
No...since it was for "performing work" the IRS would most definitely consider this taxable income.
If it was over $600...you must send them a 1099 and even if it was less ...you need to have that individual complete and sign a W-9 and keep it on file at the church.
Also inform them that the IRS would consider it taxable income ...regardless of the amount.
No Benevolence for Family Memebers
VVickey
The reason they are ineligible to receive any financial benefits from your church is spelled out in Treasury Regulation 53.4958-39(b). The IRS considers them disqualified persons due to their position of substantial influence in your tax-exempt organization.
Click on Topics -> Contributions -> Benevolence Fund or copy and paste this in your browser:
https://www.freechurchaccounting.com/benevolence-fund.html
Ask your sweet member to give her love offering directly to the Pastor's wife...because you cannot issue a contribution receipt for donations to individuals.
Click on Topics -> Contributions -> Contributions to an Individual or copy and paste this in your browser:
https://www.freechurchaccounting.com/contributions-to-an-individual.html
Pastor's wife gift
AAnonymous
Love Offerings To Church Members Performing work as a none employee
AAnonymous
Run it Through the Church
VVickey
Offerings for Musical Groups
CCyndi
Gifts to Missionaries
GGerald
2. If it was a tax-deductible gift to the church and the church then gives it to the missionary, I believe it would be taxable to the missionary and would therefore require a 1099 form to be issued by the church.
3. However, if it was donated "for the work of" the missionary, then it might be different. Our church has many "for the work of" donations, where the money is used by the missionary on items that help their mission (e.g. supplies, car expenses, etc.) and we consider these not to be taxable to the missionary. They are similar to an expense reimbursement.
Missionary Blessing Gifts
RRick
I have done a lot of research and cannot find a definitive answer to gifts to missionaries - there is a lot on Pastoral gifts but not on missionaries... their connection to a church is different - does that make handling their gifts different? If you give a true discretionary gift to a missionary of $1000 from church funds (where charitable contribution credit applies), does it require a 1099?
Love offerings to unpaid pastor
LLisa
PASTORAL SUPPORT
AAnonymous
So basically, a special pastoral offering is collected once a month. these monies are placed into a separate ledger account that is only for his use for rest and relaxation. he has a church credit card and will charge expenses to the card. once he returns, he will then charge those expenses against that account. often times, his wife, who is the executive pastor, will also use the monies.
Pastoral Support
GGerald
When you say it is used at the discretion of the pastor, I assume you mean used for his own benefit, in which case, again it is taxable income. On the other hand, if this is a discretionary church fund (like a benevolent fund) that the pastor is using for other people's benefit, then it wouldn't be taxable income to him.
PASTORAL SUPPORT
AAnonymous
Pastor's Anniversary Question
AAnonymous
Help
AAnonymous
pastor love offerings
AAnonymous
Dinner & Massage
GGerald
My understanding:
If a church collects a love offering AND a committee of the church has control of the offering and makes its own decision of how to allocate the offering among the pastor, asst. pastor, others, etc. - THEN the gift itself would be tax-deductible, as the giver does not control who is ultimately receiving the gift.
However, this would be taxable income to the recipient (the pastor). It does not matter that the pastor receives a non-cash (dinner/massage) benefit vs. a cash payment.
is pastor appreciation gift deductible
AAnonymous
W9
AAnonymous
love offering to visiting musician
AAnonymous
Designated Love Offering
VVickey
You are correct and I second what Gerald posted :)
The relative's offering would not be tax-deductible for the very reason you and Gerald posted and it would be taxable income to the pastor.
The solution Gerald posted is in my humble opinion the best solution for all those involved.
Thank you, Gerald!
Pastor Love Offering from Relative
GGerald
2. Taxable W-2 income to the pastor
...the worst combination..
it would be better to return the check to the relative and tell them to just make a personal gift to the pastor, and not run it through the church's accounting. It would still not be tax-deductible, but would not result in W-2 income for the pastor
Pastor Love offering from Relative
DDebra
A relative of the pastor (not a member of the church) mails a check to the church, designated in memo line with the pastor's name.
It appears that this has been handled incorrectly in the past. I think that this has been recorded as tax-deductible and run through a missions account so it is not recorded on the pastor's W-2 as taxable income.
Am I correct in the following:
- This is NOT tax-deductible to the relative since it is designated in the memo to an individual (no church options for dispersing the funds).
- Is this still taxable income to the pastor since it is not a church member giving a love offering for "services rendered"? If it is taxable income, I presume it is to be included in the church's W-2 form to the pastor.
Love Offerings in Box1 on W2's
AAnonymous
Taxable Income
Vvickey
Love Offerings
AAnonymous
My thoughts
AAnonymous
Love offering vs compensation
GGerald
love offerings
MMs Hall
l. Baptist churches often celebrate the pastors anniversay with each member giving a monetary gift, either cash in his had directly or money (cash or check) placed in an envelope. My question is can the church allow this, and not report how much money the pastor actually received, because its often hundreds to several thousand dollars. Some churches don't require the pastor to report how much money he received because they don't think he should pay any taxes on the money.
2. Should love offerings to pastors on thier anniversary be reported to the IRS?
Re: Love Offering Sensitivity
VVickey
Regarding your question...I think that depends on individual church policies. That I know of...there is no law that says you have to notify the donor of a gift’s deductibility.
However, I (like you) always have some that make the check payable to the church for an individual’s love offering. I personally let them know that their gifts...even though written to the church...are not tax deductible and will not be included on their annual contribution statement. But we are a small church and it's easy for me to notify them personally. If we were a bigger church and I didn't know everyone personally, I may handle it differently.
Anyone else want to chime in on this very interesting question? How do you handle this issue in your church?.
Love Offerings Sensitivity
AAnonymous
Contributions to an Individual
VVickey
See this page on contributions to an individual.
Love offerings are usually taxable income for pastors no matter how they are taken up. The IRS takes the stand that love offerings from church members to Pastors are motivated by their services as a minister of the gospel thereby making it not a gift but taxable compensation.
Love Offerings
SShelia
But if I give the offering to the church or write the Pastors name on the check or envelope it is tax deductible for me and income for the Pastor right?
Yet another Love Gift dilema
AAnonymous
Vickey's reply
I read an article the other day about a pastor in NC that went to prison for not reporting love offerings. He and his wife got into trouble with federal prosecutors for taking home such collections without counting them or reporting them as income to the IRS.
I would advise your pastor to seek a knowledgeable tax professional's opinion on the taxable issue of such a love offering.
Taxability of Love Offerings
AAnonymous
Vickey's reply
I agree. When a check for a love offering is written to the church and processed through the church and the church has "control" where it will go, it possibly could be considered a charitable contribution, but not if the check is made out to an individual such as the pastor.
love offering
LLisa
Thanks!
Vickey's reply
Your first few words "solicits a love offering" determined the gift would be taxable to the pastor. Also, any offering taken up for a specific individual is nondeductible to the donor.
Love Offerings and Taxes
VVickey
However, it can be processed through the church's financial records and in fact must be if there are checks made out to the church and a church check is issued.
You are absolutely right about donations "earmarked" for individuals. They do NOT qualify as tax deductible contributions.
These nondeductible gifts are also called "conduit" or "pass-through" transactions.