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ARTICLE · 03 DECEMBER 2013

Religious Institutions Update: December 2013

A federal district court has ruled unconstitutional one of the most important tax benefits available to ministers: the minister's housing allowance.

United StatesCorporate/Commercial Law

Nathan A. "Nate" Adams IV is a Partner in our Tallahassee office.

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A federal district court has ruled unconstitutional one of the most important tax benefits available to ministers: the minister's housing allowance. A summary of the case follows. The ruling threatens to have a dramatic effect on how churches compensate ministers. An estimated 44,000 ministers, priests, rabbis, imams and others use this allowance. The tax exemption permits them to exclude eligible expenses from income for federal income tax purposes, up to the fair rental value of the home when designated in advance as a housing allowance. Eligible expenses for homeowners include mortgage payments (principal and interest), property taxes and insurance, utilities, appliances and furniture (purchase or rental cost and repairs), and structural repairs and remodeling. Alternatively, eligible rental expenses include rent, furnishings, utilities and insurance. In aggregate, the

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