Churches must incorporate as non-profit organizations under the laws of their states. Any incorporated entity, even a non-profit, must have a number of governing documents. One of the key requirements is that a church has bylaws that specify how it will be run. Not only must churches pay close attention when drafting their bylaws, but […]
Category: Church
The Basics of Church Formation: Incorporating a Church and Obtaining Tax-Exempt Status
Churches receive special tax treatment from the IRS and the Commonwealth of Virginia. Not only are they exempt from income tax, but they also get numerous other tax breaks. Before churches can receive this favorable treatment, they must be properly incorporated and meet a number of IRS tests. There are two primary things that you […]
How to Protect the Legal Assets of My Church
Church leaders in Virginia need to be aware of the legal protections available to them and their organizations. By taking proactive steps to protect your church’s assets, you can safeguard your congregation’s livelihood in the event of a legal dispute. This article will discuss some key measures that you can take to protect your church’s […]
What Should Churches Do to Avoid Discriminatory Hiring Practices?
Churches are places of worship where people come together to find spiritual guidance, pass along religious traditions to younger generations and find comfort with a higher power. At the same time, churches are still organizations that employ a staff of individuals, from the church’s minister and youth pastors to music directors, and administrative and maintenance […]
What Are Reasons Churches Should Outsource Their Bookkeeping?
Churches exist for the sole purpose of practicing religion. To operate successfully, every church has a mission, and although churches vary in denomination, every church sets a goal as to how to grow the congregation and do right by its members and attendees. Churches need funds for service and outreach, among other charitable and operational […]
What Legal Concerns Should Churches Be Aware of?
A house of worship enjoys many legal benefits that enable it to continue providing church members with regular religious and community outreach services. They often are exempt from paying a variety of taxes and benefit from constitutional protections. Those protections are not absolute, and many churches wind up litigating many legal issues. From civil disputes […]
What Are Fiduciary Responsibilities of Church Board Members?
The governing board of any church, much like any corporation, is a serious entity. When accepting a board position, board members have a responsibility to do well by the church and its members. Their representation of the church, including any and all related business, must be conducted in good faith. Each church board member, or […]
Why Should a Church Become Incorporated?
Nearly every religious organization faces the question of whether to become incorporated at some point. This question typically arises when considering legal liability. Liability in unincorporated churches and religious organizations is placed on the organization’s members or congregation, which oftentimes can be quite problematic, particularly in smaller organizations with little capital or assets. Incorporating protects […]
What is a Parsonage Allowance?
A parsonage allowance, also known as rental or housing allowance, is a financial allotment designated by the church to its minister to offset their housing costs. Parsonage allowance is also tax-exempt from a minister’s gross income. It is important to note that the term “minister” in this case encompasses all faiths as defined by the […]
When Two Churches Become One: What Are the Possible Legal Issues?
Many churches across the country are experiencing declining membership and financial hardships, made worse by the coronavirus pandemic in some instances. As a result, an increasing number of churches are turning to merge with other churches to consolidate their missions, finances, and properties for longevity and success. Church mergers are often implemented for missionary purposes, […]