William and Cathy A. Bennett - Page 5




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          the individual qualifies under section 1402(e) for an exemption             
          therefrom.  See sec. 1402(c)(2)(D), (c)(4), (e).                            
               Section 1402(e) and the related regulations provide specific           
          procedures to be followed by ministers who wish to qualify for              
          exemption from self-employment taxes.                                       
               First, a Form 4361 or comparable letter is required to be              
          filed by a minister no later than the due date (including                   
          extensions) applicable to the filing of the minister’s Federal              
          income tax return for the second year in which the minister                 
          receives $400 or more of net self-employment income relating to             
          his or her ministerial duties.  Sec. 1402(e)(3).  The time                  
          limitation imposed by section 1402(e)(3) is mandatory and is to             
          be complied with strictly.  Wingo v. Commissioner, 89 T.C. 922,             
          930 (1987); sec. 1.1402(e)-3A, Income Tax Regs.                             
               Second, a Form 4361 or letter in lieu thereof is to include            
          a statement certifying that the minister is conscientiously or on           
          religious principles opposed to the acceptance of public                    
          insurance such as Social Security.  Sec. 1402(e)(1).                        
               Third, a Form 4361 or letter is to include an additional               
          statement certifying that the minister has informed the                     
          ordaining, commissioning, or licensing body of the church of                
          which he is a minister that he is opposed to such insurance.  Id.           










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