Tag Archives: 501c3 Tax Status: An Excuse for Not Going to Church

Did President Trump do away with 501(c)(3) requirements?


A Publication of Churches Under Christ Ministry


Click here to go to All Written Course Segments
Click here to go to General Questions Answered
Click here To Go to Links to All 5 Minute Youtube Course Segments


Jerald Finney
Copyright © December 2, 2017


Speech by President Trump: We are giving our churches their voices back


President Trump, desiring to help churches and “Christians,” and according to the advice of those “Christians”  who surround him, pledged to eliminate the Johnson Amendment which limits all nonprofits from endorsing and opposing political candidates. I believe he is sincerely trying to help churches. Accordingly, he signed an executive order easing restrictions on political activity by non-profits. Of course, he cannot unilaterally change the law; but he did all he could do to help – ease but not eliminate one of the five restrictions which come with 501(c)(3) status. Just as non-profit corporation status puts the state of incorporation over a church for many matters, 501(c)(3), a man made law, still puts the federal government and the IRS agency over churches with respect to certain rules that come with the chosen status.

Does this action by the President correct the problem with 501(c)(3)? No. I explain why in this article

One should be aware that the highest man made law in America, the First Amendment to the United States Constitution, and corresponding state constitutional provisions make clear that churches have a choice – remain under Christ only or submit themselves to the state and federal governments through corporate 501(c)(3) status.

Keep in mind, for example:

  • Matthew 16:18 “And I say also unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it.” Is a church built partially or wholly by man (man’s law) a church of Christ? Is such a church His church?
  • Ephesians 1:22 “And hath put all things under his feet, and gave him to be the head over all things to the church.” Is Christ the head over all things to an incorporated 501(c)(3) or 508 church? The simple to comprehend answer is an emphatic, “No!”
  • Colossians 1:18 “And he is the head of the body, the church: who is the beginning, the firstborn from the dead; that in all things he might have the preeminence.”

Let us first briefly examine or look at what church 501(c)(3) status really is. This will highlight the real issue. We will have to touch on incorporation since the two are intertwined.

Most churches choose to apply for both corporate and 501(c)(3) tax exempt status even though a choice not to do so is protected by the First Amendment and corresponding state constitutional provisions. Churches who incorporate and/or get 501(c)(3) or 508 status are established churches. They combine with civil government under man-made law. They get some perceived “benefits” and powers from civil government. In return, they agree to abide by the non-profit corporation laws of the state of incorporation and the commandments which come with the federal 501(c)(3) law they sought and agreed to. They also agree that, in the event they have issue with a commandment imposed by the law, the authority who will decide the issue is the government through its court systems. Their authority for many matters is the civil government, not the Lord Jesus Christ. One might call those churches who constantly defy and complain about the rules or commandments they agreed to “hypocrites.”

Churches who seek and obtain 501(c)(3) agree to abide by the rules that come with 501(c)(3), and also to any future rules added by the federal government though legislation, or by the Internal Revenue Service and upheld by the courts. Maybe some do not realize what they are doing when they get such status; some may proceed without knowledge, understanding, and wisdom. Nonetheless, when they get the status, they agree to the rules and commandments which come with the status and they agree that, in the event their authority who will decide the issue is the first the agency process with appeal to federal court available to the losing side, not the Word of God. Corporate 501(c)(3) churches proudly proclaim victory when their authority rules in favor of their position and moan and groan when their authority decides against them. They cannot understand that they lost no matter what their authority decides because they have put themselves under the wrong authority, according to the Word of God; and even their so-called victories are riddled with compromise.

Originally, 4 commandments or rules, added by legislative law, came with 501(c)(3). The IRS added a fifth. Prior to Bob Jones University v. United States, 461 U.S. 574 (1983), there were four rules. Bob Jones University upheld the IRS “shall not violate fundamental public policy” rule. Now there are five commandments. The fifth one has not yet been applied, as far as I know, to a church. Many pastors do not preach of certain matters because they fear that they will be in violation of that rule—they do not wish to offend their master, their authority, by preaching certain offensive matters covered by the Word of God. Other pastors openly preach on prohibited matters knowing that the state may exercise their authority and command them to comply or lose their status. The only authority to which a church can then appeal is the civil court system who will decide whether they are not obeying their master and, if so, the consequences. By the way, the court will not allow such a church to make Bible based arguments. With corporate 501(c)(3) status comes the loss of many of the church’s First Amendment rights. A corporate 501(c)(3) church is a “legal entity,” an artificial person who has placed herself under the Fourteenth Amendment for many purposes thereby giving up much of her First Amendment protection.

One who does just a little study can easily understand that the governments of the state of incorporation and the federal government are the authorities, for many purposes, of a corporate 501(c)(3) church. Civil government is their head as to many matters. The Lord Jesus Christ is, at most, only one of their authorities or heads. For many churches, Christ is completely eliminated from the equation and their sole authority is civil government. Churches grieve our Lord by submitting to another head. Christ is not over “over all things to” those churches.  According to the Bible, this raises a very important question, “Are corporate 501(c)(3) churches churches of Christ, built by Christ and Him alone? They are churches, but are they Christ’s churches? The answer is obvious.

So the main issue is one of authority. Looking beyond that, only the legislature, not the President, can eliminate the Johnson Amendment or any other rule that comes with 501(c)(3) status. It is a law, passed by Congress and signed by the President. The President, of course, is the law enforcer. Like any law enforcer, he can choose to ease or relax his efforts to enforce what he deems to be an unjust law, you might say. He cannot do away with the fact that the authority of the 501(c)(3) church, as to the rules that come with it, is the federal government through its agent, the IRS. The courts, not the President, decide unresolved clashes between 501(c)(3) churches and the IRS. Only the legislature, not the President, can repeal a law subject to his signature of approval. The legislature has taken no action to overrule the Johnson Amendment in the many months since President Trump filed his executive order nor has President Trump encouraged the legislature to do away with either 501(c)(3) status or any of the other rules that come with 501(c)(3).

Even should the Johnson Amendment be eliminated by legislative law signed by the President, there would still be four other rules that churches agreed to comply with when they chose to apply for 501(c)(3) tax exemption. It is no secret that churches and so called “Christian” lawyers have also been worried about rule number five, the fundamental public policy rule, for at least 15 or 20 years. Their advice: “pray about it.” I would like to hear one of their prayers. I do not think they will pray, “Lord, forgive us for dishonoring you and causing you much grief by prostituting your churches. We repent. Help us to honorably withdraw from our unholy alliances.”

I have touched on the main issue. Let me restate some of the above points and list some other matters. President Trump’s speeches and his executive order reflect Christian revisionist history. They:

  1. ignore the fact that churches are not required to give up some of their First Amendment protections when they choose to become 501(c)(3) organizations who submit to the federal government as to certain matters;
  2. ignore the fact that churches voluntarily put themselves under 501(c)(3) with all the rules that accompany their choice spelled out in form 1028;
  3. ignore the fact that churches voluntarily give up much of their First Amendment protection when they place themselves under a law which commands them not to do certain things;
  4. ignore the fact that churches who incorporate and get 501(c)(3) status put themselves, for many purposes, under the Fourteenth Amendment;
  5. do not take into account that 501(c)(3) was a law implemented in 1954, 164 plus years after the adoption of the First Amendment;
  6. ignore the question of whether 501(c)(3) is even constitutional since the First Amendment religion clause says, “Congress shall make no law respecting an establishment of religion or preventing the free exercise thereof;”
  7. reflect a lack of understanding of the true history of the First Amendment;
  8. reflect the “Christian” revised history of the First Amendment;
  9. misrepresent what church/state establishment meant when the Constitution and First Amendment were adopted;
  10. misrepresent what Thomas Jefferson, for example, stood for (He stood for a secular state with complete separation of church and state);
  11. disregard and go contrary to Bible principles concerning church, state, and the relationship God desires between church and state;
  12. ignorantly work for the end-time one world union of church and state under the beast;
  13. etc.

I wish to make one other point: I believe that freeing 501(c)(3) non-profit organizations to become active in politics will unleash liberal 501(c(3) organizations–atheist, secular, and religious–who will fight for liberal candidates, and that those organizations substantially outnumber and have much more money and power than the conservative churches who constantly attack the rule. Those liberal organizations include Planned Parenthood, Inc. (an organization that gets a lot of government money), the Church of Wicca,  Inc. and many many other incorporated 501(c)(3) organizations and churches who will support liberal candidates.

In conclusion, I believe that President Trump is sincerely trying to help the cause of religious liberty. But he is being misled by certain “Christian” persons and organizations who will use any means necessary to achieve their goals. Their false Biblical interpretations and goals hasten fulfillment of end time prophecies—religion and government will unify and bring in a 3 ½ year of peace followed by 3 ½ year period of great tribulation, and finally the appearance of our Lord who will crush the world powers who are coming against Israel and then establish His 1000 year reign on the earth.


Links to some articles: Trump Vow: ‘Totally Destroy’ 501(c)(3) Political Activity Ban, February 3, 2017.  President Trump vowed to He signed an executive order easing restrictions on religious participation in politics. See Trump signs executive order to ease restrictions on religious participation in politics, May 4, 2017. TRUMP RELAXES 501(C)(3) POLITICAL ACTIVITY RULES, May 5, 2017.

The Bible Answer to the Question, “Is an Incorporated 501(c)(3) or 508 Church a Church of Christ?” (Prepared for a talk given at the September 16-19 Liberty Baptist Church of Albuquerque, NM, Southwest Baptist Heritage Camp Meeting. Click here to go to Part I of the video of that presentationClick here to go to Part II of that presentation, “Why a Church Is Not a Business.” Part II was removed from Part I. In Part II, Jerald Finney invited Evangelist and Pastor Terry Woodside to tell his story which demonstrates that a church which is a non-legal entity cannot be sued in America. Click here to go to the page which has links to all sermons and presentations at that meeting.)


Resources for Additional Study

A Call to Anguish: Churches Reject God’s Authority

The Trail of Blood of the Martyrs of Jesus/A Case of Premeditated Murder/Christian Revisionists on Trial/The History of the First Amendment
This book examines not only the history of the First Amendment but also the Catholic/Calvinist/Reformed tactics and motives for killing “heretics” and lying about history and other matters as they attempt to unite church and state.

Federal government control of churches through 501(c)(3) tax exemption
(Section VI, Chapter 4 of God Betrayed; Chapter 4 of Separation of Church and State)

The church incorporation-501(c)(3) control scheme
(Section VI, Chapter 5 of God Betrayed; Chapter 5 of Separation of Church and State)

Separation of Church and State/God’s Churches: Spiritual or Legal Entities?

Is a church a spiritual or a legal entity?

Is Separation of Church and State Found in the Constitution?

The History of the First Amendment

An Abridged History of the First Amendment

God Betrayed/Separation of Church and State: The Biblical Principles and the American Application
This book examines all aspects of the issue of separation of church and state

For verification of the truths presented, see
List of Scholarly Resources Which Explain and Comprehensively Document the True History of Religious Freedom in America

 

A Critique of Pastor Steve Anderson’s YouTube Comments on Church Incorporation and Church 501c3 Status

Jerald Finney
Copyright © October 14, 2013

Article follows sermon links

Click here to hear Pastor Sam Adams sermon which reveals other Steven Anderson lies (Steven Anderson ignorantly attacks anti-501c3 church position, falsely claims his church is non-501-c3, makes false accusations, and blatantly lies to his church.)(Click here for Youtube of Pastor Adams’ sermon.)(To see Steven Anderson’s documents proving his church is 501c3 click here.)

Article:

"Pastor" Steven Anderson
“Pastor” Steven Anderson

Someone recently referred me to a YouTube excerpt from one of Pastor Steven Anderson’s sermons dealing with the issue of church Internal Revenue Code Section 501(c)(3): http://www.youtube.com/watch?v=p0l2EkAZwB8&feature=youtu.be. A brief review of his ridiculous tirade is in order since Pastor Anderson’s teaching in that blurb is published for the world and since it deals with the institution which Christ loved and gave Himself for. The author offers a cursory analysis in this article, but one can educate himself biblically, historically, and legally on these matters by going to the Separation of Church and State Law blog. Pastor Anderson’s statements, usually in red and parentheses, are followed by the author’s comments.

The author will address some of Anderson’s points in the order or his presentation:

(1) “I don’t go to church because all the churches are 501c3. You didn’t get that from reading the Bible….”

The Bible is a book of many principles. One such principle is separation of church and state. 501c3 churches have at least partially submitted themselves to a head other than the Lord Jesus Christ who desires to be the only head of the local New Testament church. This is explained in much detail in the materials on the above website. For specific information on 501c3 go to the following articles: Federal government control of churches through 501(c)(3) tax exemption and The church incorporation-501(c)(3) control scheme. By the way, all churches are not 501c3 or 508, both of which grieve the Lord. See Does God and/or Civil Government Require Churches to Get 501(c)(3) Status?. For more on church 508 status, see Church Internal Revenue Code § 508 Tax Exempt Status and The Bible Answer to the Question, “Is an Incorporated 501(c)(3) or 508 Church a Church of Christ?”. I know of many such churches. If you are looking for one in your area, give me a call. Even though there are numerous such churches in America, they are a small remnant, as always.

(2)  “You got that off the internet, off some website…. ”

How does he know where they got it? The author got it from studying the Bible and 501c3 to see if 501c3 displeases our Lord. That is where the author’s pastor got it. The truth about the matter is undeniable by any knowledgeable believer. Of course, one must first understand the Biblical principles of church, government, and separation of church and state before he can fully understand some more advanced matters, but the above articles will easily be comprehended by the believer who has done some study of the Bible. One can study the Biblical principles of church, government, and separation of church and state by going to sections 1-3 (A-C) of the book God Betrayed/Separation of Church and State: The Biblical Principles and the American Application. The book is available free in both PDF and online form. Or one can order this and other books by Jerald Finney by going to Order information for books by Jerald Finney.

(3) He then swerves into an explanation of the meaning of incorporation.

To understand incorporation, go to Church Corporate-501c3 Status, and especially to the Incorporation of Churches chapter. You will discover that he does not know what he is talking about. He is out of his field of expertise.

He states that the vehicle outside belongs to “the church” and that for the church to own it, the church has to be its own entity.

He is right about that. However, a church can take advantage of the use of a vehicle or the use of a building, for example without owning it. To own anything, a church must become a legal entity, as opposed to a spiritual entity. The Biblical principle is that God desires all His churches to remain spiritual entities only. Study the free materials above to understand this. The book, Separation of Church and State/God’s Churches: Spiritual or Legal Entities, is a short book for a pastor or believer who already has a basic knowledge of Biblical principles. Pastor Anderson does not meet that condition. The book is available in both PDF and online form, or can be ordered (see the link above).

(4)  He then abruptly asks,Who thinks we should get rid of driver’s licenses, … birth certificates, … not carry I.d…“?

That has nothing to do with church incorporation and 501c3. Those things involve the individual, not the church. This author has a driver’s license, birth certificate, and carries an I.D. Anderson, not knowing what he is talking about, resorts to “straw men,” and attacks the straw men. Those who are not studied in these matters may be convinced.

(5)  He says,Running a church legally is really complicated. I spend days….

He is incorrect. His church is run illegally and it takes so much time and effort to run his religious organization that he does not have the time to also pastor a First Amendment (New Testament) church. Maybe that is why he is so ignorant about these matters. He does not have the time to do the studying a pastor is instructed by the Bible to do. He does not have time to be a pastor because his religious organization is a legal entity (not a church or a spiritual entity) and the non-profit corporation law requirements of the sovereign under whose laws that entity was organized (the state)  overwhelm the pastor, the trustees, and the corporate offices in legal red tape. The incorporated religious organization, a legal entity, is illegally organized according to the Highest Law (God’s Law) and man’s law (The First Amendment to the United States Constitution). According to the First Amendment, the civil government may make no law respecting an establishment of religion or preventing the free exercise thereof. Internal Revenue Code Section 501(c)(3) is a law which was made by Congress which, when applied to churches, violates the First Amendment which is a statement of the Biblical principle of separation of church and state (not separation of God and state). Even though many religious organizations run down to get their illegal 501c3 status, the First Amendment guarantees churches the freedom to do things God’s way. Again, see the website for more information on this – the following articles give a quick look at the issues: Does God and/or Civil Government Require Churches to Get 501(c)(3) Status, and Christians Who Call Evil Good and Good Evil.

(6)  Then he says,Same thing with my business. Running a business is even worse than running a church…. [It takes me days and weeks to figure out my taxes].

He runs his church like he runs his business! Exactly. Are you getting the picture? Of course, when one runs a church like he runs a business, he is grieving our Lord, according to the Bible. No wonder this man is so utterly ignorant about these matters. Here he is, running his business and running a church according to the same principles. In addition, he leaves absolutely no significant time to study, prepare his sermons, and serve as a pastor.

(7)  “That is the way you have to do it in America to be legal in America, like you have to drive with a driver’s license…. I know a pastor in town … he has no driver’s license, he has no vehicle registration, he never files taxes, his church is totally off the grid, I mean he doesn’t report anything….. He even says to me, ‘Don’t do this’…. His church is much smaller than ours…. All of these people jumping up and screaming, ‘I don’t want to go to any church that’s incorporated,’ … you’d think he’d have 5000 people in his service this morning…. That’s shows me that these people are all just talk. They just have an excuse for not going to church….

There are plenty of non-incorporated non-501c3 churches. Refer to the author’s comments under (4) and (5) above for more relevant information. No more time will be expended to explain the obvious about these ludicrous remarks.

(8)  “There’s all this disinformation and lies out there claiming that any church that’s incorporated is of the devil, and that it’s worshiping Satan, and the head of the IRS actually runs the church….

See Separation of Church and State Law blog, for biblically, historically, and legally reasoned and reliable teaching on these matters. Perhaps Anderson is offering his spurious diatribe as justification for his own presumptuous, willful, or ignorant sin.

(9)  “None of it’s Biblical, none of it came from studying of the word of God, none of it came from the Holy Spirit.

Those assertions are applicable to his arguments.

(10) “There are different levels of going off the grid against government…. [Gets back into straw men arguments as “Driver’s License.”] I render unto Caesar the things that are Caesars.

He renders unto Caesar the things that are God’s when he incorporates a church. The church the author is a member of (Old Paths Baptist Church of Northfield, Minnesota), the pastor (Pastor Jason Cooley), and the members thereof render unto God the things that are His and unto Caesar the things that are Caesars. See Render unto God the Things that Are His/A Systematic Study or Romans 13 and Related Verses, available in both PDF and online form.

(11) “I’m not going to prison…. If anyone goes to prison because of the way offerings are taken and the way the bank account is, I’m the one that’s gonna go to prison. Pastor Anderson, the money that you make pastoring, I don’t think you should pay taxes on that. You need to be off the grid, our church needs to be totally off the grid. I church needs to do everything in cash. I’m the one that’s gonna go to prison and you’re just gonna disappear off into the sunset.

Anderson speaks like a businessman or the CEO or a corporate religious organization. He speaks in secular, not Biblical terms. A religious organization pays its pastor. The members of a First Amendment (New Testament) church provide for the pastor and his family.

The church the author is a member of is a First Amendment (New Testament) church (Old Paths Baptist Church of Northfield, Minnesota) which means it is non-incorporated and non-501c3. The pastor (Pastor Jason Cooley) pays income tax on the money given by the church body to provide for him and his family. Tithes, offerings, and gifts which are administered through a bank account (which is not in the name of the church but which is held in accordance with the law) are given to God, not to a religious organization or a corporation (as is the case with the incorporated and/or 501c3 religious organization), and used for Biblically acceptable purposes. If any pastor or church member commits a crime and is charged and convicted, he will be punished according to the prescriptions of his state (or the federal) penal code. That is true no matter how one’s church is organized. If one commits a tort, he is subject to suit in civil court, no matter how his church is organized. See Separation of Church and State Law and resources thereon for much more on this. See the website to learn who is more subject to liability – the member of the incorporated and/or 501c3 church or the member of a church which is not a legal entity.

(12) “Most churches are 501c3 and to say they’re wicked, you’re wicked.”

His misleading and false arguments and attacks would be funny if the subject matter were not so important. Sadly, many so called “Doctors” who are pastors, presidents of Bible Colleges, etc. are as lacking in substance and reasoning ability as this man as they argue before their “herd” and before the world, thereby not only hurting the cause of Christ as they mislead the members of their corporation while giving the world a good laugh as they are turned off to what they perceive to be a ridiculous religion. If one is going to invoke the ire of the world, why not do it in a manner which honors God – that is, with knowledge, understanding, and wisdom – the way the apostles did it and the way the Lord instructs us to do it in his word.

The author chooses to stop there with the analysis. The reader has access to enough information in the links above to check the matter out for himself. He can also get the same information by studying the Bible, law, and history. “For I am jealous over you with godly jealousy: for I have espoused you to one husband, that I may present you as a chaste virgin to Christ.” (2 Corinthians 11:2). “Husbands, love your wives, even as Christ also loved the church, and gave himself for it; That he might sanctify and cleanse it with the washing of water by the word, That he might present it to himself a glorious church, not having spot, or wrinkle, or any such thing; but that it should be holy and without blemish.” (Ephesians 5:25-27). The incorporated churches and the 501c3 churches have taken on another lover for worldly approval, help, direction, control, power and financial gain. If a church is both incorporated and 501c3, that church has taken on two other lovers and is doubly the adulteress. These actions grieve our Lord, the Bridegroom, Husband, and Head of the church. Ultimately, these actions result in the death of the adulterous, heretical, and apostate churches.