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Writer's pictureJeremy Lyerla

Are donations tax-deductible if your church is not a 501c3?

Updated: 11 hours ago



Churches in the United States have a unique tax status. Even though they are not required to apply for 501(c)(3) status with the Internal Revenue Service (IRS) to be exempt from federal income tax, donations made to churches can still be considered tax-deductible for the donor. This is because churches are generally considered to be automatically tax-exempt and tax-immune under the Internal Revenue Code.


  1. Automatic Tax-Exempt Status: According to the IRS, churches are automatically considered tax-exempt and are not required to apply for and obtain 501(c)(3) status to be tax-exempt organizations. This automatic exemption also allows donors to make tax-deductible donations to churches. The IRS defines a church for this purpose as a religious organization that meets certain criteria, including having a distinct legal existence, a recognized creed and form of worship, a definite and distinct ecclesiastical government, and a formal code of doctrine and discipline.

  2. Donor's Eligibility for Tax Deduction: When a donor gives a contribution to a church that is recognized as a tax-exempt organization, the donor can claim the donation as a tax deduction on their personal income tax return. This remains true even if the church has not formally applied for 501(c)(3) status.

  3. No Requirement to File Form 990: Churches, unlike other 501(c)(3) organizations, are not required to file annual information returns (Form 990) with the IRS. This exemption is part of the broader protections offered to churches under the principle of separation of church and state, acknowledging their unique role in society.

  4. Record-Keeping by Donors: To claim a tax deduction, donors must keep records of their contributions to churches. This can include bank records, written communication from the church, or other documentation showing the name of the church, the date of the contribution, and the amount of the contribution.


It's important for both churches and donors to be aware of these provisions to ensure compliance with tax laws and to make informed decisions about giving and receiving donations.


Sources:

  • Internal Revenue Service (IRS) official website: Provides detailed information on tax-exempt status, including specific guidelines for churches and religious organizations.

  • IRS Publication 526, Charitable Contributions: Offers guidance on what constitutes a tax-deductible donation and record-keeping requirements for donors.

  • IRS Publication 1828, Tax Guide for Churches and Religious Organizations: This guide provides a comprehensive overview of the tax rules that apply to churches and other religious organizations, including the conditions under which donations to churches are tax-deductible.

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