Questionnaire 2

Questionnaire 2 is sent to those churches who have completed Questionnaire 1,  all issues have been discussed and resolved to that point, and who wish to continue the process of organizing as a Church under Christ alone status. Christ, according to His Word, expects his children and churches to proceed with knowledge, wisdom and understanding. Just executing documents can be likened to the believer or church who has copies of the Word of God that have never been studied and understood.

The Lord keeps perfecting this ministry. Sadly, I have found that most pastors and churches who adopt documents establishing a common law (Bible) trust do not have an adequate understanding of what they have done or how to proceed.

Please distribute to the mature members of the church. As we have discussed or will discuss, this is just an educational step to assure that the church has a basic understanding of important matters. We can do a conference call in which I will go over the Questionnaire question by question and basically give you the answers to and explanations of the questions you need help with. The goal is glorifying God by proceeding with knowledge, understanding, and wisdom.

Note. A legal entity is a temporal, earthly, worldly entity which can sue and be sued, enter into contracts, be charged with a crime, or act legally in any way.

If you open this Questionnaire on your computer, you can go directly to the many links cited in the Questionnaire.

CATEGORIES OF QUESTIONS BELOW:

 I. Elementary Questions for Those Who Wish to Organize a Church under Christ Alone as opposed to either a Church under Man or a Church under Christ and Man

II. Elementary New Testament Church Doctrine Concerning Organization of a Church under Christ.

III. The Common Law (Bible) Trust Relationship


 I. Elementary Questions for Those Who Wish to Organize a Church under Christ Alone as opposed to either a Church under Man or a Church under Christ and Man

Here are some resources which will help you to answer some of the questions in this section as well as other questions which you may have (Such as “Can a donor to the trust estate claim deductions for their donations on their income tax form?):

For a comprehensive understanding of the First Amendment, see The History of the First Amendment (Note that a link on that page goes to An Abridged History of the First AmendmentOne can also go to Section 4 of the book God Betrayed for a complete but succinct history of the First Amendment).

Internal Revenue Code  501(c)(3).

Internal Revenue Code Section 508.

Internal Revenue Service Form 1023. This form must be filled out and submitted in order to obtain 501(c)(3) tax exempt status. You may wish to browse over this form. Notice that Part II begins, “You must be a corporation (including a limited liability company), an unincorporated association, or a trust to be tax exempt.” When a church organizes under Christ alone using the documents recommended by this ministry, the church is not a trust. The type of trust that this is statement applies to is a trust which is a legal entity such as a Charitable Trust or Business Trust.

Instructions for Form 1023. On page 2 of the December 2017 Instructions is stated: “Completed Form 1023 required for section 501(c)(3) exemption. Form 1023 is filed by organizations to apply for recognition of exemption from federal income tax under section 501(c)(3). Upon approval, we will issue a determination letter that provides written assurance about the organization’s tax-exempt status, and its qualification to receive tax-deductible charitable contributions. Every organization qualifying for exemption under section 501(c)(3) will also be classified as either a “public charity” or a “private foundation.” A Bible believer may get much greater understanding of the anti-Christ agreement he is entering into by seeking and obtaining 501(c)(3) status by reading Form 1023 and the instructions as well as by reading Internal Revenue Code § 508 which places the church in the same position as 501(c)(3) status. See, . For more information from the IRS on Form 1023, see About Form 1023.

A church is an exception to the requirement for filing for tax exempt status. Churches who meet the requirements of 501(c)(3) are automatically tax exempt. See, Internal Revenue Code  508(c)(1)(A). Thus, a church can give IRS Acknowledgements to donors for gifts to the church and the donor can claim the donation as a deduction on their income tax form. If the IRS audits the donor, they can require the donor to prove that the donee was a church. The Internal Revenue Code and Regulations deal extensively with this matter. The donor, not the church under Christ is the one who must deal with this matter. For the legalities involved see,

A church who does not apply for 501(c)(3) status, but claims 508(c)(1)(A) status is in the same position as a church who claims 501(c)(3) status. She is a legal entity. Thus, a church which establishes a common law trust but claims 508(c)(1)(A) status and gives IRS Acknowledgements for donations has set herself up as a legal entity and nullified her New Testament Church under Christ status. See, Church Internal Revenue Code § 508 Tax Exempt Status (042814). A donor concerned about this matter may see, Separation of Church and State/God’s Churches: Spiritual or Legal Entities, Chapter 8, pp. 85-96, Spurious Rationale for Corporate-501(c)(3) or 508 Status:Tax Exemption and Tax Deduction for ContributionsPlease keep in mind that the law is subject to change and that an individual who wishes to claim a tax deduction for donations to a non-legal church is on his own. If audited and challenged by the IRS, he may represent himself or seek the services of an attorney. This ministry would be glad to generally discuss the matter with him, but will not represent him in the IRS agency hearings or, if appealed to court, in court.

IRS Publication 1635 states: “Trust: A trust is an arrangement through which trustees take title to property for the purpose of protecting or conserving it for the beneficiaries under the ordinary rules applied in chancery or probate courts. A trust is a legal entity created under state law and taxed under federal law. A trust may be created during an individual’s lifetime (inter vivos) or at the time of his or her death under a will (testamentary). Trusts include guardianships, custodianships, conservatorships, receiverships, escrow accounts, Ginnie Mae (GNMA) and Fannie Mae (FNMA) pools. …” Note. This statement does not apply to the common law trust which is a fiduciary relationship with property only. The IRS is concerned with trusts which have tax implications. A common law trust is not created under state law. A common law trust established by a church merely to hold property for the benefit of the owner of the property, the beneficiary, Lord Jesus Christ is not a legal entity. Unlike a church which gives up many of its First Amendment rights by becoming a legal entity (such as a corporation, a charitable trust, a business trust, an unincorporated association, a 501(c)(3) or 508(c)(1)(A) tax exempt religious organization, etc.), a church which maintains its First Amendment status in all matters is not a legal entity. Unlike a business or individual, such a church is protected by the First Amendment and corresponding state constitutional provisions. Such a church is not a business in any sense. Such a church is non-taxable, as opposed to tax exempt. If a church begins to operate like a business, then that church is not honoring our Lord Jesus Christ and His principles as laid down in the New Testament. I can refer you to law review articles which deal with these issues if you wish to do further research. Links to many such resources may be found at Common Law Trust: Resources.

As explained above, a church must apply for 501(c)(3) status to obtain such status. If she obtains the status, then she has agreed to give IRS Acknowledgements for donations. See Publication 1828 for more on this.

  1. What is an established church? See, What is an established church?
  2. Name 3 attributes of an incorporated church. See What does church, inc. mean?
  1. Who is the head of an incorporated church? See,Who Is the head of an incorporated church?

 

  1. True or False: A 501(c)(3) or 508(c)(1)(A) church is tax exempt
  2. True or False: A tax exempt 501(c)(3) or 508(c)(1)(A) church is non-taxable.
  3. What is a First Amendment church? See, What is a First Amendment Church?
  1. What is the highest man-made law in America concerning Religious Liberty?
  1. What it the highest man made law in America which deals with establishment of religion?
  1. True or False: A First Amendment church is tax exempt.
  2. True or False: A First Amendment church is non-taxable.
  3. What man made law in America guarantees freedom from establishment of a religion and freedom of conscience? Hint. Look at the Bill of Rights and the First Amendment to the United States Constitution.

 

  1. Quote the First Amendment to the United States Constitution. See, https://www.law.cornell.edu/constitution/first_amendment.

 

  1. What is a First Amendment church? See,What is a First Amendment Church?
  1. What man made law in your state guarantees freedom from establishment of a religion and the other freedoms guaranteed in the U.S. Constitution? See your state constitution. You can go to your state constitution by googling “Constitution for the state of [].” Look at Article 1 and find the portions that correspond to the First Amendment.
  1. According to the highest federal and state laws referenced in questions 2-6, is a church required to incorporate, become a charitable trust or business trust, get Internal Revenue Code § 501(c)(3) or § 508(c)(1)(A) status, or organize legally in any way? See, Is it illegal for a church in America not to incorporate? Does a church have to be a 501c3?

 

  1. Under what authority is an incorporated church, a charitable trust church, a business trust church, or an Internal Revenue Code § 501(c)(3) or § 508(c)(1)(A) church) created? See, e.g., What does church, inc. mean?, What is 501c3?, What is 508?

 

  1. What law governs the organization and procedures of an incorporated church (or a charitable trust or business trust church, an Internal Revenue Code § 501(c)(3) or § 508(c)(1)(A) church) for many or all purposes? See, What does church, inc. mean?, What is 501c3?, What is 508?

 

  1. Who is the head of an incorporated church? See, Who Is the head of an incorporated church?

 

  1. Who is the sovereign of an incorporated church (or a charitable trust or business trust church, an Internal Revenue Code § 501(c)(3) or § 508(c)(1)(A) church) for many purposes? See, What does church, inc. mean?

 

  1. What branch of state government will, if appealed to, settle many disputes which arise in an incorporated church (or a church which is a legal entity of any kind)?
  1. In settling disputes involving an incorporated church, whose law control, God’s law or man’s law?
  1. True or False: American law forces a church to obtain 501(c)(3) status by filling out Internal Revenue Service Form 1023.
  2. True or False: Every church who does not obtain 501(c)(3) status is tax deductible under Internal Revenue Code Section 508(c)(1)(A)?
  3. True or False: Every church who does not obtain 501(c)(3) status is an exception to the requirement for filing for tax exempt status because of Internal Revenue Code Section 508(c)(1)(A).
  4. True or false: The Internal Revenue Service will automatically consider that a church who does not obtain 501(c)(3) status tax exempt under 508(c)(1)(A).
  5. True or False: A First Amendment church is tax exempt.
  6. True or False: A First Amendment church is taxable.
  7. True or False: A First Amendment church is non-taxable.
  8. What agency of the federal government will initially decide whether a 501(c)(3) or 508 church has violated the rules which the church agrees to when she accepts the contractual offer made by the federal government for tax exempt status?
  1. What federal government agency hears disputes regarding 501(c)(3) or 508(c)(1)(a) tax exempt churches?
  2. What branch of the federal government will, if appealed to, settle many disputes appealed from the IRS agency process regarding a 501(c)(3) or 508 church?
  3. True or False: The authority for all matters involving an incorporated church is the state government which created the corporation.
  4. True or False: The authority for all matters involving an incorporated church is the word of God.
  5. True or False: The creator of a church non-profit corporation is the state of incorporation.
  6. True or False: The sovereign over many matters of the church non-profit corporation is the state of incorporation.
  7. True or False: Incorporated 501(c)(3) and 508(c)(1)(A) churches and churches which are legal entities of any kind deny the authority of God.

2 Timothy 3:5 “Having a form of godliness, but denying the power thereof: from such turn away.”

Other matters must be discussed in some situations. Matters such as FICA taxes, property tax exemptions, etc.


II. Elementary New Testament Church Doctrine Concerning Organization of a Church under Christ

Here are some elementary questions concerning the New Testament church. We may disagree on certain matters concerning New Testament church doctrine, but we must agree on elementary doctrine before this ministry can be of help.

  1. What did Christ love and give himself for?
  2. What is the pillar and ground of the truth?
  3. Who is to decide issues within a New Testament church under Christ? Hint. See 1 Corinthians 5, 6. Keep in mind that God did give civil government jurisdiction over criminal actions.
  4. What is a church under Christ (an ekklesia)?
  1. Are all churches (ekklesias) under Christ? Hint. Consider, for example, the Church of Satan and the Church of Wicca not to mention many churches who name the name of Christ but disavow Him by their actions.
  1. Who builds a New Testament Church of and under Christ? Hint. See Matthew 1:18.

 

  1. Who is to be the sole authority over a New Testament Church, a church of and under Christ? Hint. See, e.g., Eph. 1:22 and Col. 1:18.

 

  1. If a church which names the name of Christ is partially or totally under the authority of any other power, is that church in God’s perfect will?
  2. True or False: A church under Christ and Christ alone choose, in accordance with the highest law in America and each state thereof, to remain under Christ and Christ alone?
  3. True or False: A church under Christ alone can have employees.
  4. True or False: A church under Christ alone can pay a salary to church employees.
  5. True or False: A church under Christ alone can pay FICA taxes.
  6. True or False: A church under Christ alone is required by man’s law to file civil government forms such as W-2 forms, Form 1099s, etc.
  7. True or False: A church under Christ alone can operate according to business goals, principles, and/or procedures.
  8. True or False: A church under Christ alone is organized and operates according to Bible, not business principles.
  1. Do Romans 13, Matthew 17:24-27, Luke 20.25, Matthey 22.21, Mark 22.17, 1 Peter 2:13, 1 Timothy 2:1-6 require churches to get incorporated, get 501(c)(3) or 508 status, or to submit to man’s law in any way? Hint. See Render unto God the Things that Are/A Systematic Study of Romans 13 and Related Verses (links to the online version and the online PDF are at Books by Jerald Finney).
  2. Is there any good excuse for a church who is seeking to please the Lord to incorporate, to get 501(c)(3) or 508(c)(1)(A) status or to become a legal entity of any kind? Please explain your answer.

Hint. For deeper understanding for those who have not studied these matters, see the online version or online PDF of Separation of Church and State/God’s Churches: Spiritual or Legal Entities which, among other things, addresses all the excuses given for church corporate 501(c)(3) or 508 status.


III. The Common Law (Bible)Trust Relationship

  1. What is a legal entity? See What is a legal entity?



  2. What is a spiritual entity? See What is a Spiritual entity?



  3. True or False: A charitable trust is a legal entity?
  4. True or False: A business trust is a legal entity.
  5. True or False: A common law (Bible) trust is a legal entity.
  6. True or False: A church who executes documents organizing a common law (Bible) trust is a legal entity because she did so.
  7. True or False: A church who executes documents organizing a common law (Bible) trust is set up or organized as a trust.
  8. True or False: A church who executes documents organizing a common law (Bible) trust can do whatever she wants from that point on and remain a First Amendment church under Christ only. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  9. True or False: A church who executes documents organizing a common law (Bible) trust can open a bank account in the name of the church without affecting her status as a First Amendment church under Christ alone. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  10. True or False: A church who executes documents organizing a common law (Bible) trust can buy real estate to be used for church purposes only in the name of the church without affecting her status as a First Amendment church under Christ alone. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  11. True or False: A church who executes documents organizing a common law (Bible) trust can hold insurance in the name of the church without affecting her status as a First Amendment church under Christ alone. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  12. True or False: A church who executes documents organizing a common law (Bible) trust can contract in the name of the church without affecting her status as a First Amendment church under Christ alone. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  13. True or False: A church who executes documents organizing a common law (Bible) trust can get 501(c)(3) or 508(c)(1)(A) status without affecting her status as a First Amendment church under Christ alone.
  14. True or False: A church who executes documents organizing a common law (Bible) trust can incorporate a ministry of the church without affecting her status as a First Amendment church under Christ alone. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  15. True or False: A church who executes documents organizing a common law (Bible) trust can get government grants without affecting her status as a First Amendment church under Christ alone. See The Church Bible Trust Relationship Explained and How a Church Can Nullify Her Efforts to Remain Under Christ Only.
  16. True or False: A church who executes documents organizing a common law (Bible) trust can meet on real estate owned by a church corporation used to hold property for the use of the church without affecting her status as a First Amendment church under Christ alone.
  17. True or False: A church who executes documents organizing a common law (Bible) trust can become a member of an incorporated 501(c)(3) association of churches without affecting her status as a First Amendment church under Christ alone.
  18. True or False: A church who executes documents organizing a common law (Bible) trust can act legally without affecting her status as a First Amendment church under Christ alone.
  19. True or False: A common law (Bible) trust is a relationship with real and/or personal property (personal property includes money and property).
  20. True or False: trustor, trustee, beneficiary, trust estate are elements of the common law (Bible) trust.
  21. True or False: The trust estate of the common law (Bible) trust consists of real and personal property, personal property includes money and bank account.
  22. True or False: The trustor of the common law (Bible) trust establishes the trust relationship.
  23. True or False: The trustee of the common law (Bible) trust manages the trust estate for his own benefit.
  24. True or False: The true and beneficial owner of the church common law (Bible) trust is the Lord Jesus Christ.
  25. True or False: The trustee of the common law (Bible) trust manages the trust estate for the sole benefit of the Lord Jesus Christ according to Bible guidelines.
  26. What name does the common law give to one who establishes a common law (Bible) trust? This term is not necessary for a common law trust relationship to be established, but it is wise to use this term. See, What God Has Committed to Man’s Trust: “Ye Cannot Serve God and Mammon”: Steward or Trustee?See also,  Policies, Procedures, and Guidelines  which has been sent to you.
  27. What name does the common law give to the one who has a fiduciary duty to hold and administer the trust estate of a common law (Bible) trust for the beneficiary of the trust? See, What God Has Committed to Man’s Trust: “Ye Cannot Serve God and Mammon”: Steward or Trustee? See also, Policies, Procedures, and Guidelineswhich has been sent to you.
  28. What name does the common law give to the owner of the trust estate of of a common law (Bible) trust? See, What God Has Committed to Man’s Trust: “Ye Cannot Serve God and Mammon”: Steward or Trustee? See also,Policies, Procedures, and Guidelines which has been sent to you.
  29. True or False: A common law (Bible) trust can exist without property in a trust estate.
  30. True or False: To establish a trustor, trustee, and beneficiary but no trust estate creates a trust.
  31. True or False: Although a common law (Bible) trust may be established without documentation, it is wise to draft documents. See,How a Church Can Organize to Remain a New Testament Church (Holding Property In Trust For God Is A Scriptural Principle Recognized by American Law).

Final Note. Should a church which has executed documents establishing a common law (Bible) trust thereafter act legally thereafter, that church has dishonored her relationship with the Lord Jesus Christ—that church is no longer under Christ alone. She can act legally by holding a bank account, insurance, vehicles, real estate or any property in the name of the church. She may act in ignorance, and of course our Lord considers that. However, our Lord expects his children and churches to proceed with knowledge, understanding and wisdom

Churches under Christ Ministry is under the authority of Charity Baptist Tabernacle of Amarillo, Texas, Benjamin Hickam Pastor. Jerald Finney, a Christian Lawyer and member of Charity Baptist Tabernacle explains how a church in America can remain under the Lord Jesus Christ and Him only. "And hath put all things under his feet, and gave him to be the head over all things to the church" (Ephesians 1.22).

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