Housing Allowance
Disclaimer: The following post is my interpretation of a very fuzzy topic. I am not an attorney and I don’t work for the IRS. I’m not a CPA and don’t claim that what I write will hold up in a court of law. However, when I was doing my research, this is what I wish someone would have told me.
I am a concrete black and white guy who struggles sometimes with the grey. Housing allowances are something that fall into that grey category. The more people you ask and the more you research, the more confused you get. This is my attempt to explain what I’ve found in the most recent court cases.
First of all, let me define the Housing Allowance (HA). This is a portion of income that an ordained and/or licensed minister can elect to receive federal and state income tax free to cover the costs of living. You are required to pay FICA (Medicare and Social Security) on the HA at the end of the year and I’ve got several friends who can painfully vouch for this.
The HA is legally between the ordained minister (this sounds way too formal so I’ll just call them staff) and the IRS. By law, the staff member is to figure their own HA possibly with the help of a CPA and present it to the church. From there, the Board of Directors of the church (non-profit corporation) simply votes to approve the amount. So when the IRS comes a knockin’, it’s between the staff member and the government. The church is out of the loop.
On to the more confusing piece. How do you set the dollar amount of your HA?
This is where you get multiple answers but I’ll do my best job to summarize my findings. And the reason I’m posting this is because of the “grey� nature of HA, most people set them too low and aren’t getting the full tax advantage they should.
Here is a breakdown: When figuring your HA, the IRS requires you to use the lesser of the 2 following scenarios. (Whichever of the following is lower)
1. The fair market rental value of your home fully furnished. Now how do you define this? Ask a realtor, this varies by region. One rule of thumb is to figure that a furnished house would rent for the value of your home divided by 100. So if it’s worth 200K then it may rent for $2,000/month rented. This scenario would present an annual 24K HA.
2. The actual costs of daily living. This is how much it actually costs you to live in your home. So add the mortgage/rent, ins, bills, and lawn care along with projecting what you typically spend on maintenance on your home and furnishings for your house. I’ve even read that for the year of a house purchase your can include your down payment as part of your HA.
Again, this is “grey� but I hope this will help you get a better grasp on what portion of your income as an ordained minister you can take federal and state income tax free. There is a lot more. I could go into the Rick Warren court cases, excessive HA, and how to change the HA legally but it will have to wait. Just make sure you take full advantage of the tax breaks available to you. I don’t think any of us went into the ministry to strike it rich.
Chunks Corbett, Executive Pastor
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