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PASTORS AND LOANS Many churches help their pastors get into a home by providing money for a down payment. These funds can be a taxable gift and become taxable income in the year they are received and may be designated as housing allowance OR the funds can be considered a loan to the pastor. Churches that “loan” money to their pastor need to be aware of several things. 1. In the past loans in excess of $12,000 would require interest be assessed. However the IRS no longer requires interest* be assessed on a loan of less than $100,000 for a pastor with less than $1,000 of investment income (interest, dividends, capital gains, etc.). If the pastor has more than $999 of investment income, interest must be assessed on loans over $12,000. You need an interest rate, which is equivalent to the federal discount rate. There are two ways to assess interest:
2.
There is no such thing as a
"contract" for forgiveness either written or verbal. (When such a contract exists
the IRS would recognize the entire contracted amount to be income in the year of
the contract.) Churches who wish to give their pastor’s a loan are free to do
so. If after a year or several years they wish to forgive all or a portion of
the loan they may do so (but they cannot forgive the loan via a contract). The forgiven amount becomes taxable income in the year
forgiven (and it may be designated housing allowance if the loan is secured by
the home), however the church may not make an agreement to forgive an amount in
future years.
*IRC 7872(d) |