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ARTICLE · 22 DECEMBER 2009

Parsonage: Are Clerics Employees Or Self-Employed?

Proskauer Rose LLP
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Parsonage is a seemingly innocuous five line tax benefit in the Code. This "innocent" provision of the Code, Section 107, appears to have befuddled many ministers and their professional advisors, however.

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Parsonage is a seemingly innocuous five line tax benefit in the Code. This "innocent" provision of the Code, Section 107, appears to have befuddled many ministers and their professional advisors, however.

About 90 years ago, Congress promulgated an exclusion from income for the rental value of the housing provided to a "minister of the gospel," which includes priests, rabbis, imams and any other duly ordained, commissioned or licensed member of the clergy. Alternatively, the minister can exclude the rental allowance paid as part of compensation, to the extent actually used as rent or other costs of home ownership. Since 2002, the allowance is capped at fair rental value, including furnishings and appurtenances (such as a garage), plus the cost of utilities.

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