TN 30 (08-05)
Any church or qualified church-controlled organization opposed to the payment of Social
Security and Medicare taxes for religious reasons can elect to exclude the services
of its employees from employment.
Churches and church organizations make this election by filing two copies of IRS Form
8274 http://www.irs.gov/pub/irs-pdf/f8274.pdf (Certification by Churches and Qualified Church - Controlled Organizations Electing
Exemption from Employer Social Security and Medicare Taxes). An organization in existence
on 09/30/84 had until 10/31/84 to elect exemption from participation. An organization
created after 09/30/84 must file Form 8274 before the first date on which a quarterly
employment tax return is due.
Where the exclusion is applicable, the services of the employees affected are treated
as services in a trade or business. All remuneration $100 or more in a tax year are
covered and must be reported as self-employment income. (See RS 01802.234 for a guide to reporting SE taxes and when such exclusions may apply.)
This exemption, when approved, applies to all services performed after 1983.
The term church includes conventions or associations of churches. It also includes
any elementary or secondary school that is controlled, operated, or principally supported
by a church or by a convention or association of churches.
Any church-controlled organization exempt from income tax under section 501(c)(3)
of the Internal Revenue Code, but does not include an organization which:
offers goods, services or facilities for sale to the general public, other than on
an incidental basis or for a nominal charge, AND
normally receives more than 25% of its support from governmental sources and/or receipts
from admissions, sales of merchandise, services or facilities in related trade or
RS 01901.540, See for treatment before 1984.