Scarecrow
Member
In doing a little research on Church status I was rather alarmed to learn that the IRS and "court decisions" have circumvented the 1st Amendment by defining "Church". Apparently you are free to exercise your right to practice your religion as long as you meet the IRS definition of a "Church". Otherwise you are required to obtain 501(c)(3) status and be regulated by the government.
1st amendment to the Constitution of the Untied States of America:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
IRS Definition of a “Church”:
IRS Publication 1828:
"Church. Certain characteristics are generally attributed to churches. These attributes of a church have been developed by the IRS and by court decisions. They include: distinct legal existence; recognized creed and form of worship; definite and distinct ecclesiastical government; formal code of doctrine and discipline; distinct religious history; membership not associated with any other church or denomination; organization of ordained ministers; ordained ministers selected after completing prescribed courses of study; literature of its own; established places of worship; regular congregations; regular religious services; Sunday schools for the religious instruction of the young; schools for the preparation of its ministers. The IRS generally uses a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for federal tax purposes.
The IRS makes no attempt to evaluate the content of whatever doctrine a particular organization claims is religious, provided the particular beliefs of the organization are truly and sincerely held by those professing them and the practices and rites associated with the organization’s belief or creed are not illegal or contrary to clearly defined public policy.
Therefore, when this publication uses the term “religious organizations,” it is not referring to churches or integrated auxiliaries. Religious organizations that are not churches typically include nondenominational ministries, interdenominational and ecumenical organizations, and other entities whose principal purpose is the study or advancement of religion.
Unlike churches, religious organizations that wish to be tax exempt generally must apply to the IRS for tax-exempt status unless their gross receipts do not normally exceed $5,000 annually."
I found it interesting that "religious organizations" with contributions exceeding $5000.00 annually were required to obtain 501(c)(3) status to remain tax exempt. In other words, if you are a Christian organization but not part of the established Catholic or Protestant Churches (that have already been duped in to obtaining 501(c)(3) "legal status") you simply are not considered to be a "Church" and therefore the exemption class the "Church" has does not apply and you have to conform to any laws they wish to impose upon you.
The IRS is therefore prohibiting the free exercise of religion by requiring "religious organizations" to come under their legal authority through the 501(c)(3) requirement. 501(c)(3) restricts speech and activity of any such organization in order to remain tax exempt.
"The IRS makes no attempt to evaluate the content of whatever doctrine a particular organization claims is religious, provided the particular beliefs of the organization are truly and sincerely held by those professing them and the practices and rites associated with the organization’s belief or creed are not illegal or contrary to clearly defined public policy."
It is also interesting that whatever the government determines is a "legal" practice is also a determining factor in examining the doctrine of an organization. If an organization is set up as a 501(c)(3) corporation and the IRS chooses to look into what is openly discussed, the tax exempt status can easily be removed by the IRS if they determine that "the organization’s belief or creed are not illegal or contrary to clearly defined public policy".
I don't know about you, but this is pretty scary to me.
1st amendment to the Constitution of the Untied States of America:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
IRS Definition of a “Church”:
IRS Publication 1828:
"Church. Certain characteristics are generally attributed to churches. These attributes of a church have been developed by the IRS and by court decisions. They include: distinct legal existence; recognized creed and form of worship; definite and distinct ecclesiastical government; formal code of doctrine and discipline; distinct religious history; membership not associated with any other church or denomination; organization of ordained ministers; ordained ministers selected after completing prescribed courses of study; literature of its own; established places of worship; regular congregations; regular religious services; Sunday schools for the religious instruction of the young; schools for the preparation of its ministers. The IRS generally uses a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for federal tax purposes.
The IRS makes no attempt to evaluate the content of whatever doctrine a particular organization claims is religious, provided the particular beliefs of the organization are truly and sincerely held by those professing them and the practices and rites associated with the organization’s belief or creed are not illegal or contrary to clearly defined public policy.
Therefore, when this publication uses the term “religious organizations,” it is not referring to churches or integrated auxiliaries. Religious organizations that are not churches typically include nondenominational ministries, interdenominational and ecumenical organizations, and other entities whose principal purpose is the study or advancement of religion.
Unlike churches, religious organizations that wish to be tax exempt generally must apply to the IRS for tax-exempt status unless their gross receipts do not normally exceed $5,000 annually."
I found it interesting that "religious organizations" with contributions exceeding $5000.00 annually were required to obtain 501(c)(3) status to remain tax exempt. In other words, if you are a Christian organization but not part of the established Catholic or Protestant Churches (that have already been duped in to obtaining 501(c)(3) "legal status") you simply are not considered to be a "Church" and therefore the exemption class the "Church" has does not apply and you have to conform to any laws they wish to impose upon you.
The IRS is therefore prohibiting the free exercise of religion by requiring "religious organizations" to come under their legal authority through the 501(c)(3) requirement. 501(c)(3) restricts speech and activity of any such organization in order to remain tax exempt.
"The IRS makes no attempt to evaluate the content of whatever doctrine a particular organization claims is religious, provided the particular beliefs of the organization are truly and sincerely held by those professing them and the practices and rites associated with the organization’s belief or creed are not illegal or contrary to clearly defined public policy."
It is also interesting that whatever the government determines is a "legal" practice is also a determining factor in examining the doctrine of an organization. If an organization is set up as a 501(c)(3) corporation and the IRS chooses to look into what is openly discussed, the tax exempt status can easily be removed by the IRS if they determine that "the organization’s belief or creed are not illegal or contrary to clearly defined public policy".
I don't know about you, but this is pretty scary to me.
