- 7 - carried on by that individual, less the deductions attributable to that trade or business. Sec. 1402(a). Section 1402(c)(4) and the final sentence of section 1402(c), however, provide that the term "trade or business" does not include "the performance of service by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry" if an exemption under section 1402(e) is in effect. Section 1402(e) provides specific requirements for a minister to obtain an exemption from self-employment tax. A minister seeking the exemption must file an application stating that he is opposed, because of religious principles or conscientious beliefs, to the acceptance of certain types of public insurance, such as that provided by the Social Security Act, attributable to his or her services as a minister. Sec. 1402(e)(1). The application must be filed on or before the due date of the return for the second taxable year in which the taxpayer has $400 or more of self-employment income from the performance of exempted services. Sec. 1402(e)(3). The application deadline is strictly enforced. See Kelly v. Commissioner, T.C. Memo. 1980-37; Engstrom v. Commissioner, T.C. Memo. 1980-41. Petitioner filed a Form 4361, Application for Exemption from Self Employment Tax, which was received by the Internal Revenue Service on April 17, 1989. Box 3 and line 4 of the Form 4361 identify petitioner as having been ordained by the Assemblies ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011