Have Some Churches & Clergy Over Stepped their Bounds? If so, what should or will be done? The 2004 Presidential Election (IMHO) the tax exempt status of a number of churches & clergy were abused and should be immediately addressed by the IRS. Paula Zann (on CNN last nite) said there will be discussion on this subject tonight.
Some of my opinions include: With church campaign buses going around the country making up their own stance log of candidates to preach and promote
one candidate, showing Bush flicks to congregations, some catholic priests telling their congregations that they must go to confession or die in hell if they should vote for Kerry, etc. etc. This(IHMO)is abuse of their tax-exempt status.
To me, there is a big difference in the U.S. Constitution providing freedom of religion and freedom of speech to "individual citizens" than for a tax-exempt church or their clergy to preach and promote a politician and put such demands on their congregation. Political candidates are "individuals" and may visit or attend any church during the campaign and a preacher can honor or recognize their presence, but to show campaign films to a congregation should require a church or clergy to forfeit their tax-exempt status and change to a 527 or other IRS classification code that is NOT tax-exempt. For a preacher or priest to preach to their congregation to promote one candidate on false and incomplete factual data is totally unacceptable (again, IMHO).
I find it interesting that the IRS has ONLY (as yet, to my knowledge anyway) decided to file against the ACLU (whose mission is to protect citizens from abuse of their constitutional rights - not limited to religious rights) and not the far right extreme religious groups, don't you? What's up with the other 59 purported to be investigated and who are they - liberals, democrats, etc. only?
Have the Falwell's and abusive priests even had a hand slap yet? NOT that I am aware of. Is the IRS code only applicable to Democrats or those not a part of the far right extremes? Seems that way, so far in my eyes. Charges made against the ACLU, but nothing yet (that I have heard anyway) against any churches? Does that mean that the IRS can and will be more aggressive with other tax-exempt groups than churches? If so, why should or would that be allowed?
Churches used the "Get Out To Vote Ploy" efforts past the limits too. For instance, in this election, neither candidate personally reported to believe in open-ended abortions, both candidates personally believe in 'civil unions', etc. but did you see their educational stance lists on each candidate of "strongly oppose" "strongly support" etc. on their voting machine education? Horribly slanted lies. I froze the screen while watching these "Get Out To Vote" church buses (e.g., during "Fight for Faith" on CNN) ... their educational material on both candidates was horribly abusive and incorrectly stated - trying to paint Bush as a saint and Kerry as a devil. So, these churches abused their tax-exempt status rights even on their "Get Out To Vote" political campaign ploy. IRS excuses or overlooks this behavior, but attacks the ACLU? Watch out... churches are reportedly trying to overturn IRS tax-regulation laws to excuse, erase, and legalize their abuse of our U.S. Constitutional rights and "Separation of Church & State" (See
Pastor Politics below)!
IRS Investigates 60 Tax-Exempt GroupsMonday, Nov. 1, 2004 Posted: 2:08:23PM EST
< Excerpt... >
IRS investigates allegations of churches, religious groups violating tax-exemption statuses.< Full text...>
http://www.christianpost.com/dbase/society/1125/section/1.htmPastor PoliticsChurches endorsing candidates? It could happen, if a 50-year-old tax regulation is overturnedBy Michael Kress
http://www.beliefnet.com/story/153/story_15386_1.html< Excerpt... >
"In this overheated political season, a significant change to the laws governing churches’ involvement in politics is being debated out of the public eye. A 50-year-old tax-code provision is under attack, with profound implications for church-state separation.
On one side of the debate, conservative Christians argue the need to change existing law for the benefit of pastors afraid to speak out on political issues.
On the other side, liberal activists and academics say the clergy’s ability to speak out on political issues is protected under current law, and argue against the proposed change, conjuring a future in which houses of worship are deeply politicized and candidates treat churches like campaign offices."IRS Issues Letter on Exempt Organizationshttp://www.irs.gov/newsroom/article/0,,id=123922,00.htmlIR-2004-79, June 10, 2004
WASHINGTON — In a letter sent today to national political parties, the Internal Revenue Service reissued guidance regarding political activities by tax-exempt organizations, including churches. The letter supplements information contained in a news release issued by the IRS on April 28th of this year. The IRS has issued a similar news release in each presidential election year since 1992.
“We are sending the letters because we want to ensure that the political committees and the candidates they support understand the rules,” said IRS Commissioner Mark W. Everson. “As Congress considers changes to the law in this area, it is important that political organizations keep in mind the requirements of existing law. Today’s guidance does not represent a change in the rules or a change in how the IRS will administer the law in this area.”
Under the law, organizations described in section 501(c)(3) of the Internal Revenue Code that are exempt from federal income tax are prohibited from directly or indirectly participating or intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. Charities, educational institutions and religious organizations, including churches, are among those that are tax-exempt under this code section.
If the IRS finds a section 501(c)(3) organization engaged in prohibited campaign activity, the organization could lose its tax-exempt status and be subject to an excise tax on the amount of money spent in that activity.
The political campaign prohibition as it applies to churches is discussed in Publication 1828, Tax Guide for Churches and Religious Organizations. This publication, along with other information about the political campaign prohibition, is available on this Web site.
<>Related Items:
* Letter on political activity of 501(c)(3) organizations:
http://www.irs.gov/pub/irs-utl/eo_letter.pdf *
Pub. 1828 (PDF 1.3M) — Tax Guide for Churches and Religious
Organizations
http://www.irs.gov/pub/irs-pdf/p1828.pdf *
IR-2004-59 — Charities May Not Engage In Political Campaign Activities
http://www.irs.gov/newsroom/article/0,,id=122887,00.htmlSubscribe to IRS Newswire:
http://www.irs.gov/newsroom/content/0,,id=105771,00.htmlCharities May Not Engage in Political Campaign Activitieshttp://www.irs.gov/newsroom/article/0,,id=122887,00.htmlIR-2004-59, April 28, 2004
WASHINGTON — Charities should be careful that their efforts to educate voters comply with the Internal Revenue Code requirements concerning political campaign activities, the tax agency said today in a presidential election-year advisory.
Organizations described in section 501(c)(3) of the Code that are exempt from federal income tax are prohibited from participating or intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. Charities, educational institutions and religious organizations, including churches, are among those that are tax-exempt under this code section.
These organizations cannot endorse any candidates, make donations to their campaigns, engage in fund raising, distribute statements, or become involved in any other activities that may be beneficial or detrimental to any candidate. Even activities that encourage people to vote for or against a particular candidate on the basis of nonpartisan criteria violate the political campaign prohibition of section 501(c)(3).
Whether an organization is engaging in prohibited political campaign activity depends upon all the facts and circumstances in each case. For example, organizations may sponsor debates or forums to educate voters. If the debate or forum shows a preference for or against a certain candidate, however, it becomes a prohibited activity.
The federal courts have upheld this prohibition on political campaign activity, most recently in Branch Ministries v. Rossotti, 211 F.3d 137 (D.C. Cir. 2000). The courts have held that it is not unconstitutional for the tax law to impose conditions, such as the political campaign prohibition, upon exemption from federal income tax.
If the IRS finds a section 501(c)(3) organization engaged in prohibited campaign activity, the organization could lose its tax-exempt status and it could be subject to an excise tax on the amount of money spent on that activity.
In cases of flagrant violation of the law, the IRS has specific statutory authority to make an immediate determination and assessment of tax. Also, the IRS can ask a federal district court to enjoin the organization from making further political expenditures.
In addition, contributions to organizations that lose their section 501(c)(3) status because of political activities are not deductible by the donors for federal income tax purposes.
The political campaign prohibition as it applies to churches is discussed in Publication 1828, Tax Guide for Churches and Religious Organizations. This publication, along with other information about the political campaign prohibition, is available on IRS.gov at www.irs.gov/eo.
The IRS issued similar election-year advisories to charities in 1992, 1996 and 2000.
Related Items:
*
Publication 1828, Tax Guide for Churches and Religious Organizations. (PDF 1.3MB):
http://www.irs.gov/pub/irs-pdf/p1828.pdf *
Political and Lobbying Activities:
http://www.irs.gov/charities/charitable/article/0,,id=120703,00.htmlSubscribe to IRS Newswire:
http://www.irs.gov/newsroom/content/0,,id=105771,00.html
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