Tag Archives: non-profit corporation

Spurious rationale for church Incorporation: limited liability/Incorporation Increases liability of church members


Jerald Finney
Copyright © December 10, 2012
Revised April 15, 2014


 This is a modified version of Section VI, Chapter 6 of God Betrayed: Separation of Church and State/The Biblical Principles and the American Application;  Chapter 6 of Separation of Church and State/God’s Churches: Spiritual or Legal Entities?


Contents:

I. Preface
II. Introduction
III. Protection from liability for the debts of the corporation
IV. Protection against torts and criminal acts
V. Protection for liability due to contract violations
VI. Conclusion
VII. Links to article on Internal Revenue Code laws as well as direct links to those laws

I. Preface

The author is thankful that the church he is a member of a church which is under Christ and Christ alone. Charity Baptist Tabernacle of Amarillo, Texas is a spiritual entity, not a legal entity such as a non-profit corporation with Internal Revenue Code Section 501(c)(3) status. His pastor, Benjamin Hickam, and the other members of Charity Baptist Tabernacle hold the relationship of Christ and His church on a high level, just as they have honored their earthly marriage relationships. They refuse to compromise that relationship.

To totally understand all the issues and sub-issues involved with church incorporation, one must not only have extensive knowledge of Biblical principles, but he must also have an understanding of history and law. You see, the issue of the relationship between church and state is very important to God and His Word completely explains His desired relationship. Historically, true Christians understood the importance of this relationship, and they stood up for their relationship even though they suffered greatly for their stand on this issue—they were imprisoned, drowned, beheaded, burned at the stake, hung, tortured, etc. because they loved their Savior and were willing to do all that He asked them to do.

According to the Word of God and the application of the principles concerning church, government, and separation of church and state, church incorporation displeases God. The author has done exhaustive studies of those principles and their application to incorporation and 501(c)(3) tax exemption of churches. The results of those studies are available for free on this website.

II. Introduction

Today, the most common reasons given by churches for incorporating and seeking 501(c)(3) status are (1) to obey every ordinance of man (2) limited liability; (3) to allow a church to hold property; (4) convenience—it is easier to get a tax deduction for tithes and offerings given to an incorporated 501(c)(3) religious organization than for tithes and offerings given to a New Testament church; (5) one’s convictions; and (6) winning souls is  more important than loving God; if a church is incorporated, don’t cause problems. Just continue winning souls because winning souls is more important than anything else, including loving God.

This article will deal with the second false reason, limited liability. Other articles cover the other five reasons:  

  1. Render Unto God the Things that Are His: A Systematic Study of Romans 13 and Related Verses When a pastor is asked why his church is incorporated, he will often quickly answer: “Because of Romans 13 [Romans 13:1-2 “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation.” Or “We are to obey every ordinance of man.” He may also rely on some other verses. All these verses are examined in this online booklet which is also in online PDF form on this website. Not only that, no law requires a church to get incorporated or apply for 501(c)(3) status or claim 508 status. Instead, the highest law in America protects the right of churches to choose to remain free from corporate and 501(c)(3) or 508 status. See, e.g., First Amendment Protection of New Testament Churches/Federal Laws Protecting State Churches (Religious Organizations) 
  2. Limited liability (corporate status actually increases the liability of church members) (Section VI, Chapter  of God Betrayed; Chapter 6 of Separation of Church and State).
  3. Spurious rationale for incorporating: to hold property (Section VI, Chapter 7 of God Betrayed; Chapter 7 of Separation of Church and State).
  4. Spurious rationale for church corporate-501(c)(3) status: tax exemption and tax deductions for contributions OR Tax reasons given for church corporate 501(c)(3) status: a biblical and legal analysis (Section VI, Chapter 8 of God Betrayed; Chapter 8 of Separation of Church and State).
  5. Spurious rationale for church corporate-501(c)(3) status: one’s convictions (Not included in God Betrayed or Separation of Church and State).
  6. Spurious rationale for church corporate-501(c)(3) status: winning souls is more important than loving God/The Most Important Thing: Loving God and/or Winning Souls.

Many incorrectly argue that a church should incorporate to protect personal assets from liability (1) for the debts of the corporation, (2) for the torts and criminal acts of the corporation, and (3) for breach of contract by the corporation. Each of these arguments will be considered in light of biblical principle. A careful consideration of the facts will reveal that not only do churches violate principles in the Word  of God and grieve our Lord when they incorporate, they also increase the exposure of their churches and church members to liability.

Remember that although a New Testament church in America may still utilize property (real and personal) in conformity to Biblical principles, she is not a legal entity who can sue and be sued. A New Testament church owns no property and operates strictly according to principles in the New Testament. The New Testament church, unlike the incorporated state church, retains her First Amendment protections as well as other protections under the constitutions and statutes of the state. The incorporated church no longer has the full protection of the First Amendment, since she now is a legal person created under the laws of her new and additional sovereign. Corporate churches, unlike New Testament churches, can even be charged with certain crimes. When a church incorporates, additional exposure is taken on—the state can, at times, charge not only individuals, but also the corporation, with crimes. The purpose of the Biblical Law Center is to help churches organize solely under  the principles of God as laid out in His Word.

The author includes citations from various legal sources. Although many will not understand the meaning of those citations, the reader more familiar with the legal system will be able to check the veracity of the supported statements. Rest assured that legal assertions made herein are backed up by the law.

III. Protection from liability for the debts of the corporation

One may argue first that incorporating a church protects his personal assets from liability for the debts of the corporation. “One of the major attributes of the corporate form of organization is that it insulates shareholders from personal liability for the debts of the corporation…. As a general rule, and in the absence of a charter, constitutional, or statutory provision to the contrary, stockholders are not liable as such for any of the obligations of a corporation. Because a corporation is an entity, separate and distinct from its officers and stockholders, its debts are not the individual indebtedness of its stockholders” (18A AM. JUR. 2D Corporations § 724).

However, limited liability is not absolute:

  • “The general rule that shareholders are not liable for corporate obligations or conduct is subject to numerous exceptions. Shareholders may be held individually liable to prevent or redress fraud, to achieve equity, or to prevent the avoidance of a legal obligation or duty.
  • “If the corporation is a mere instrumentality or alter ego of the shareholder, the corporate entity will be disregarded, and the individuals owning the stock and the corporation treated as identical, with the result that such individuals will be personally liable for the acts and obligations of the purported corporation. The limitation of liability to the corporate assets must give way to imposition of personal liability if the actions of those in control of the corporation denigrate the purpose of limited liability, which is to encourage investment of risk capital. The fact that a corporation is undercapitalized is not sufficient in itself to establish personal liability of the shareholders.
  • “Corporate creditors may reach unpaid stock subscriptions, and if a corporation is liquidated, the shareholders are liable if, otherwise, they would be unjustly enriched by retaining assets of the corporation free from the debts of the corporation” (Ibid., § 728).

Courts look at the “independent operations” to see whether to set aside the corporate form and go to individuals within the corporation for liability. “Independent operations prong of test for determining if corporate form may be disregarded looks at such things as (1) whether corporation is operated as separate entity, (2) commingling of funds and other assets, (3) failure to maintain adequate records or minutes, (4) nature of corporation’s ownership and control, (5) absence of corporate assets and undercapitalization, (6) use of corporation as mere shell, instrumentality, or conduit of individual or another corporation, (7) disregard of legal formalities and failure to maintain arms–length relationship among related entities, and (8) diversion of corporation’s funds or assets to noncorporate uses” (InterGen N.V. v. Grina, 344 F.3d 134 (1st Cir. 2003) cited in 46 A.L.R.3d 428).…

“Piercing the corporate veil is tool that courts use to prevent shareholders, who are not normally liable for corporate debts or liabilities, from hiding behind corporate shield when corporation is under their direct control; in such cases, court will disregard corporation’s identity and hold shareholder liable for corporation’s debt only where corporation has been used to commit fraud, violate a legal duty, or perpetrate a dishonest or unjust act in contravention of rights of another” (Huffman v. Poore, 6 Neb. App. 43, 569 N.W.2d 549 (1997) cited in 46 A.L.R.3d 428).

Also, most lenders require sureties to  the loan. The assets of those sureties are at risk in the event of default. When a church takes a loan, every member should consider themselves as guarantors, since a church is defined by God as a body made up of all the members.

Not only is limited liability for corporations (including non-profit corporations such as churches who choose to become religious organizations under state laws of incorporation) not absolute under the laws of their state sovereign, God holds churches to a high standard. What does the Bible say about debt and repayment of debts? First, neither a Christian nor a church should go into debt. “Owe no man anything, but to love one another: for he that loveth another hath fulfilled the law. For this, Thou shalt not commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shalt not bear false witness, Thou shalt not covet; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbour as thyself. Love worketh no ill to his neighbour: therefore love is the fulfilling of the law” (Ro. 13.8-10).

The Bible does not say “owe no man any thing unless you have to borrow money to build bigger church buildings, gyms, bingo halls, sports fields and facilities, cafeterias, fellowship halls, and/or any other type structures for the church.” Notice that the commandment not to covet is also included. Most importantly, notice the importance placed on love. Will a Christian who loves his neighbor seek to protect himself from debts he owes to others; debts which the Word of God instructed him not to enter into?

“He that is faithful in that which is least is faithful also in much: and he that is unjust in the least is unjust also in much. If therefore ye have not been faithful in the unrighteous mammon, who will commit to your trust the true riches? And if ye have not been faithful in that which is another man’s, who shall give you that which is your own? No servant can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other. Ye cannot serve God and mammon” (Lu. 16.10-13). “Mammon” means: “Riches, wealth; or the god of riches. Ye cannot serve God and mammon. Matt. vi” (AMERICAN DICTIONARY OF THE ENGLISH LANGUAGE, NOAH WEBSTER (1828), definition of “MAMMON”)

Thus, churches which go into debt for buildings or anything else distort themselves and become servants of the lender and money, not servants of God. “The rich ruleth over the poor, and the borrower is servant to the lender” (Pr. 22.7). Pastors of churches who are serving mammon will find that they fear to preach everything God has laid on their hearts because they might offend some, especially rich Pharisees, who might either leave the church and/or cause problems within the church. Failure to preach the whole gospel is displeasing to the Lord.

Christians and churches are to seek godliness, not worldly riches:

“Perverse disputings of men of corrupt minds, and destitute of the truth, supposing that gain is godliness: from such withdraw thyself.  But godliness with contentment is great gain. For we brought nothing into this world, and it is certain we can carry nothing out. And having food and raiment let us be therewith content. But they that will be rich fall into temptation and a snare, and into many foolish and hurtful lusts, which drown men in destruction and perdition. For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows.  But thou, O man of God, flee these things; and follow after righteousness, godliness, faith, love, patience, meekness. Fight the good fight of faith, lay hold on eternal life, whereunto thou art also called, and hast professed a good profession before many witnesses. I give thee charge in the sight of God, who quickeneth all things, and before Christ Jesus, who before Pontius Pilate witnessed a good confession; That thou keep this commandment without spot, unrebukeable, until the appearing of our Lord Jesus Christ: Which in his times he shall shew, who is the blessed and only Potentate, the King of kings, and Lord of lords; Who only hath immortality, dwelling in the light which no man can approach unto; whom no man hath seen, nor can see: to whom be honour and power everlasting. Amen. Charge them that are rich in this world, that they be not highminded, nor trust in uncertain riches, but in the living God, who giveth us richly all things to enjoy; That they do good, that they be rich in good works, ready to distribute, willing to communicate;  Laying up in store for themselves a good foundation against the time to come, that they may lay hold on eternal life” (I Ti. 6.5-19).

The above verses speak to the saved person who is the temple of God, and, along with other believers, constitute a church body. Nowhere in the New Testament can one find a single verse condoning a church seeking riches and real or personal property. Rather, Christians are to be content with what they have. They are not to go into debt. If they will do the jobs God has given them, lusting after real property and other worldly things will vanish from their hearts and minds. “Let your conversation be without covetousness; and be content with such things as ye have: for he hath said, I will never leave thee, nor forsake thee. So that we may boldly say, The Lord is my helper, and I will not fear what man shall do unto me” (He. 13.5-6).

And as long as a church maintains her New Testament status and remains under Christ alone, she can own nothing since she is a spiritual entity. As will be shown, a church can utilize property in ways which conform to biblical principles.

The apostles, and true Christians in their church body down through the ages, have been careful not to seek worldly riches; and they preached the whole counsel of God no matter who was offended. Nothing was ever mentioned in the Word of God about the early church seeking real or personal property. Churches assembled on property, but churches did not own property. The goals of churches and individual Christians were spiritual, not earthly. Individual Christians, at times, even went further than required by biblical principles. “And all that believed were together, and had all things common; And sold their possessions and goods, and parted them to all men, as every man had need. And they, continuing daily with one accord in the temple, and breaking bread from house to house, did eat their meat with gladness and singleness of heart, Praising God, and having favour with all the people. And the Lord added to the church daily such as should be saved” (Ac. 2.44-47).

Thus, a New Testament church should not go into debt and should occupy property in a manner consistent with biblical principles. If a church does go into debt, God desires that she pay that debt back. Since the members made the debt, they are responsible for honoring God and man and paying the debt as agreed.

IV. Protection against torts and criminal acts

As to torts and criminal acts, anyone—no matter the kind of church he is a member of—is liable for his own tort or crime or for any tort or crime in which he participated or encouraged. In other words, should a member of either type church be directly connected to criminal or tortuous acts, that member is not insulated.

  • “Stockholders are not ordinarily liable for the tortious acts of a corporation unless they participate in or aid the commission of such acts. An individual’s liability for the tortious conduct of corporation depends upon that individual’s acts, and not upon any theory of vicarious liability based upon the individual’s status as an owner. For example, a stockholder is individually liable for constructive fraud committed by a corporation only if he or she had knowledge of and instigated the fraud.
  • “Caution: The rule shielding shareholders from liability for a corporation’s torts do not shield shareholders from personal liability in tort for their own misfeasance or nonfeasance, including liability for negligence; a shareholder may be liable if he or she is the central figure in a corporation’s tortious conduct. For example, a shareholder may be held personally liable for negligent acts in managing and supervising the employees of corporation, if those acts are a contributing factor in causing an injury” (18A AM. JUR. 2DCorporations § 726 (2007)).

A New Testament church cannot be and is not liable for the tort or crime of a member or members since she is not a legal entity. People in a New Testament church may commit and be held accountable for torts or crimes, but the church herself cannot commit a tort or crime. If only one or more in a New Testament church commit a crime or tort, the entire church cannot be charged or sued unless everyone in the church was involved. A Christian is not exempt from being falsely accused of a tort and/or a crime; and a Christian can walk in the flesh and commit or participate in a tort and/or a crime if he so chooses.

“It has been held that shareholders [or members] are not liable for a corporation’s violations of state or local statutes, ordinances, or regulations in the absence of proof of active participation in the management of the corporation or the wrongs. However, it has also been held that the purpose behind incorporating is not to protect those who control a corporation from answering for its criminal actions” (Ibid., § 727). Furthermore, not only individuals within a corporate church, but also the corporation itself is subject to state penal laws criminalizing certain acts of corporations, including non-profits:

“The view taken in the early cases that a corporation is not indictable for a criminal offense has long been abandoned, and it is now almost universally recognized that a corporation is not per se exempt from criminal prosecution. Courts and legislative bodies tend to impose the same standards of criminal responsibility upon corporations as upon natural persons…. a corporation cannot be sent to jail; the discharge of its liabilities, whether criminal or civil, can be effected only by the payment of money. Thus, it has been held in a number of cases that where an offense is one which can be committed by a corporation, and where the penalty provided is a fine, the corporation is liable to criminal prosecution…. The proposition that a corporation is amenable to criminal prosecution for offenses punishable by fine is also supported by cases holding that a corporation may be prosecuted for offenses punishable by fine and imprisonment … or by fine or imprisonment, or both…. It is also implicitly supported by myriads of cases in which corporations have been fined.” (80 A.L.R.3d 1220).

A New Testament church has safeguards, in addition to her supernatural and legal protections: she will not be involved with all the worldly matters with which an incorporated “church” and its members are involved and which give the incorporated church and its members and officers opportunities and temptations for wrongdoing. The member of a church who loves the Lord and has his eyes on spiritual, as opposed to material, matters will be more likely to love his neighbor and to behave in a pious manner. The member of any church should understand that not only the state, but also—and primarily—God, desires him to be liable for and make restitution for damages to another caused by his tort or crime or for any tort or crime with which he knowingly, intentionally, recklessly, or with negligence participates.

V. Protection for liability due to contract violations

A person is not ordinarily liable on contracts entered into by a corporation in which he or she owns stock. However, if a stockholder makes a contract as an individual, he or she is liable (18A AM. JUR. 2D Corporations, § 725).

“A shareholder may expressly guarantee a corporate obligation. A shareholder’s contract unconditionally guaranteeing payment of the corporation’s debts is not abrogated by negligence of the creditor that results in the debt not being discharged in bankruptcy. Whether a shareholder has guaranteed the credit of the corporation so as to become personally liable on its obligations in a particular case is a question of fact for the jury” (Ibid., § 730).

A New Testament church, being a spiritual entity, will not and cannot enter into any type of contract. Contract is an enlightenment principle which is antithetical to biblical principle. The author explains this principle in his writings and audio teachings (Go to, e.g., the following links: “Separation of Church and State Law Blog” (click the following link, “Union of Church and State in America, and scroll down and click on the audio teaching “6. Incorporation of Churches;” or click the following link, “Radio Broadcast,” and scroll down and click on the audio teaching segments under Section VI, Chapter 2, “Incorporation of Churches.” You will also find the teaching on this principle in Section VI, Chapter 2 of God Betrayed/Separation of Church and State: The Biblical Principles and the American Application and Chapter 3 of Separation of Church and State: God’s Churches: Spiritual or Legal Entities for which ordering information is available by clicking the following link: “Order Information for Books by Jerald Finney.”).

Should a church violate God’s principles by incorporating and entering into contracts, the Lord expects that church to honor those contracts at all costs (See Section III above).

VI. Conclusion

In conclusion, churches who incorporate dishonor the Lord and His principles concerning His desired relationship between church and state. Christians are responsible to God to study His Word and make the practical application of His Word to real life. The relationship between Christ and His churches is very important to Him.

“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” (Ep. 5.25-27).

That relationship has been so important to Christians since the beginning of the Church that they have been willing to die rather than to dishonor it by becoming members of the established Catholic and Protestant churches or other state-church combinations. How important is that relationship to you and your church?

VII. Links to Internal Revenue Code Laws

You can read portions of the following Internal Revenue Code laws which pertain to churches and pastors by going to the following site: “Laws Protecting New Testament Churches in the United States: Read Them for Yourself”; or you may read an entire law online by clicking the following links:

  1.  § 501(c)(3). Exemption from tax on corporations, certain trusts, etc.
  2. § 508. Special rules with respect to section 501(c)(3) organizations
  3. § 7611. Restrictions on church tax inquiries and examinations
  4. § 1402. [Dealing with taxes on income of pastors]
  5. § 107. Rental value of parsonages
  6. § 102. Gifts and inheritances (Tithes and offerings are gifts and, therefore, according to the Internal Revenue Code § 102, not income)
  7. § 2503. Taxable gifts
  8. § 170. Charitable, etc., contributions and gifts

END

 

Spurious Rationale for church corporate-501(c)(3) status: tax exemption and tax deduction for contributions OR Tax Reasons Given for Church Corporate/501(c)(3) Status: A Biblical and Legal Analysis


Jerald Finney
Copyright © December 10, 2012


Note. This is a modified version of Section VI, Chapter 8 of God Betrayed: Separation of Church and State/The Biblical Principles and the American Application;  Chapter 8 of Separation of Church and State/God’s Churches: Spiritual or Legal Entities?


Contents:

Preface
I. Introduction
II. Tax reasons for which churches seek 501(c)(3) tax exemption
III. The deductibility of gifts to New Testament churches
IV. Another reason some churches seek 501(c)(3) status: the convenience offered state 501(c)(3) church members
V. Conclusion
Note

Preface

This is a teaching and helps ministry motivated by love: love for our Lord first, and love for others second. I can find no more important subject than the love relationship between Christ and His children and Christ and His churches. Since I am convinced that this is a God-called ministry, I conduct this ministry at my own expense. I do not wish to dishonor my Lord by seeking worldly gain or riches through this ministry or by teaching heresy. Since I am not paid, nor do I seek to be paid for my work in this ministry, I will be convinced only by solid biblical reasoning. In other words, no one can buy me since my Lord, and my Lord only, has paid it all. My highest allegiance is to Him.

If you can disprove what I am teaching, you have an obligation—to God first, and to your brother in Christ second—to correct me. I will not accept conclusory statements backed up by nothing. I will only accept Holy Spirit guided insights based upon biblical principles and the application of legal and historical facts to those principles. If you prove me wrong, I have an obligation to repent, ask your forgiveness, and correct my teachings. If what I am saying is true, you have an obligation to God to conform your actions to God’s principles, including, if need be, repenting and reorganizing your church according to the principles of God.

I. Introduction

Today, the most common reasons given by churches for incorporating and seeking 501(c)(3) status are (1) to obey every ordinance of man (2) limited liability; (3) to allow a church to hold property; (4) tax reasons and convenience—it is easier to get a tax deduction for tithes and offerings given to an incorporated 501(c)(3) religious organization than for tithes and offerings given to a New Testament church; (5) one’s convictions; and (6) winning souls is  more important than loving God; if a church is incorporated, don’t cause problems. Just continue winning souls because winning souls is more important than anything else, including loving God.

This article will deal with the fourth false reason, tax reasons. Other articles cover the other five reasons:  

  1. Render Unto God the Things that Are His: A Systematic Study of Romans 13 and Related Verses When a pastor is asked why his church is incorporated, he will often quickly answer: “Because of Romans 13 [Romans 13:1-2 “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation.” Or “We are to obey every ordinance of man.” He may also rely on some other verses. All these verses are examined in this online booklet which is also in online PDF form on this website. Not only that, no law requires a church to get incorporated or apply for 501(c)(3) status or claim 508 status. Instead, the highest law in America protects the right of churches to choose to remain free from corporate and 501(c)(3) or 508 status. See, e.g., First Amendment Protection of New Testament Churches/Federal Laws Protecting State Churches (Religious Organizations) 
  2. Limited liability (corporate status actually increases the liability of church members) (Section VI, Chapter  of God Betrayed; Chapter 6 of Separation of Church and State).
  3. Spurious rationale for incorporating: to hold property (Section VI, Chapter 7 of God Betrayed; Chapter 7 of Separation of Church and State)
  4. Spurious rationale for church corporate-501(c)(3) status: tax exemption and tax deductions for contributions OR Tax reasons given for church corporate 501(c)(3) status: a biblical and legal analysis (Section VI, Chapter 8 of God Betrayed; Chapter 8 of Separation of Church and State).
  5. Spurious rationale for church corporate-501(c)(3) status: one’s convictions (Not included in God Betrayed or Separation of Church and State)
  6. Spurious rationale for church corporate-501(c)(3) status: winning souls is more important than loving God/The Most Important Thing: Loving God and/or Winning Souls

This article will deal with the third and fourth reasons listed above: civil government recognition of tax exempt status assures church leaders, members, and contributors that the church is recognized as exempt and qualifies for related tax benefits (For example, contributors to a church that has been recognized as tax exempt would know that their contributions generally are tax-deductible); and convenience. “Church Incorporation Increases Liability of Church Members” looks at the first reason, limited liability. “Analysis of another reason given for church corporate status” addresses the second reason, to hold property.” In addition, audio teaching on these issues are available on this website (see the categories at left); and Jerald Finney has written on these issues in (See God Betrayed/Separation of Church and State: The Biblical Principles and the American Application and/or Separation of Church and State/God’s Churches: Spiritual or Legal Entities? and other books by Jerald Finney for a thorough analysis of these matters. Click the following link to preview God Betrayed: Link to preview of God Betrayed.  These books and many other resources are available on the “Books” page of  the “Church and State Law” website.)

The author judges, as instructed by Scripture, all spiritual matters which he examines by the Word of God (1 Co. 2). After all, “All scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness: That the man of God may be perfect, throughly furnished unto all good works” (2 Ti. 3.16-17; see also, e.g. 2 Pe. 1.19-21). The Bible is therefore written by the Holy Spirit, and the Holy Spirit guides the born again believer who meditates upon God’s Word in conjunction with reality, historical fact, and law concerning a given subject into truth concerning the matter which he is examining (See, e.g., Jn. 16.13; 1 Jn. 4.6; 2 Ti. 2.15-26). Only when a believer, a family, a church, and a nation do this will they escape the “snare of the devil who are taken captive by him at his will” (2 Ti. 2.15-26). Sadly, many individuals (including pastors), families, and churches who profess to be Bible believers have been deceived as to biblical principle, historical fact, and law concerning the preeminent issue of separation of church and state. Many churches who proclaim that they preach the Word of God have been mislead about historical fact, law, and biblical principle concerning this issue.

God chose every Christian to be a soldier (2 Ti. 2.4). He wants us to “endure hardness as a good soldier of Jesus Christ” (2 Ti. 2.3). God told us, “No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier” (2 Ti. 4). We are further told to walk in the Spirit, not in the flesh (Ga. 5). Our weapons are to be spiritual only (Ep. 6.10-18). Only when we fight with the spiritual armor as specified by God may we “be able to stand against the wiles of the devil” (Ep. 6.11). This is because “we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of darkness of this world, against spiritual wichedness in highplaces” (Ep. 6.12).

And yet most Christians, including pastors, and churches walk in the flesh in at least one way. They combine the church with the state by incorporating and getting Internal Revenue Code (“IRC”) § 501(c)(3) (“501(c)(3)”) status for earthly or fleshly reasons.

The author has fully examined the biblical principles as well as the application of those principles to the law of church incorporation and 501(c)(3) status in audio teachings, books, and articles. To fully understand these matters requires study, something which most “Christians” are unwilling to do. Some are willfully ignorant in that they just do not want to face truth. Others may be lazy, and some just don’t have the time. Pastors, evangelists, and missionaries have no good excuse. They are looked up to by other Christians for biblical guidance and leadership. They hold a high position of trust under our Lord.

II. Tax reasons for which churches seek 501(c)(3) tax exemption

As the author has shown in his articles, audio teachings, and books, according to IRC § 508, churches are an exception to the 501(c)(3) filing requirement (See, e.g., “Laws Protecting New Testament Churches in the United States: Read Them for Yourself;” “An Abridged History of the First Amendment,” etc.). Churches which do not file for exempt status under 501(c)(3) are non-taxable. Other types of religious organizations are not so: “Unlike churches, religious organizations that wish to be tax exempt generally must apply to the IRS for tax-exempt status unless their gross receipts do not normally exceed $5,000 annually” (IRS Publication 1828 (2009), p. 3): this link may be slow to download. Internal Revenue Service publications are not the law, just a comment on the law.).

New Testament churches under God are non-taxable. 501(c)(3) religious organizations under civil government are tax exempt. IRC § 508 (the codification of Public Law 91-172 ratified in 1969) provides in relevant part:

Ҥ 508. Special rules with respect to section 501(c)(3) organizations.
“(a) New organizations must notify secretary that they are applying for recognition of section 501(c)(3) status.
“(c) Exceptions. [Emphasis mine.]
“(1) Mandatory exceptions. Subsections (a) and (b) shall not apply to—
“(A) churches, their integrated auxiliaries, and conventions or associations of churches.” (26 U.S.C. § 508 (2007)) [Emphasis mine.]
Note. A church applies for 501(c)(3) recognition by filling out and filing IRS Form 1023.

§ 508(a),(c) says churches are excepted from obtaining § 501(c)(3) tax exempt status. In other words, churches are non-taxable; and, therefore, churches are an exception to the civil government requirement that certain organizations file for 501(c)(3) tax exempt status. Thus, even the federal government recognizes that a New Testament church is non-taxable.

If a church does not apply for exempt status, and if it is organized as a New Testament church, according to both God’s law (the hightest law) as laid out in the Bible and the First Amendment which agrees with the biblical principle of separation of church and state, the church is non-taxable. A church is better advised to claim First Amendment protection as opposed to  § 508(a),(c) status. If so, a church should not give acknowledgements for tithes and offerings. In a New Testament church, tithes and offerings are given by church members to God, not to the church. In effect, the church does the giving and the recipient is God. This does not mean the church member may not claim deductions for his tithes and offerings. contact attorney Jerald Finney for more on this matter.

If a church successfully applies for exempt status (and maybe if the church claims exempt status under § 508(a),(c)), the government is granted some jurisdiction over the church since the civil government now declares and grants an exemption.

Why then do churches seek 501(c)(3) tax exemption? The IRS gives the answer which pastors and Christians already know: “Although there is no requirement to do so, many churches seek recognition of tax-exempt status from the IRS because such recognition assures church leaders, members, and contributors that the church is recognized as exempt and qualifies for related tax benefits. For example, contributors to a church that has been recognized as tax exempt would know that their contributions generally are tax-deductible” (IRS Publication 1828 (2009), p. 3).

Many Christians who do not love the Lord and who have not studied this matter are fearful and want the assurance of civil government that their tithes and offerings will be tax-deductible. They do not realize that the First Amendment already gives them the assurance that their tithes and offerings will be tax-deductible (one day they may have to fight this issue out in court, but, as of now, the author knows of no non-501(c)(3) church member who has not been allowed the deduction after showing the IRS that the deduction claimed is for tithes and offerings to a church). What is one’s motive for giving: the glory of God or a tax deduction from the civil government?

As will be shown below, many church members also want the convenience given the state church (a church which is a legal entity such as a corporation, corporation sole, charitable trust, unincorporated association, and maybe also a 501(c)(3) religious organization) by the IRS in making their tax deductions for tithes and offerings . Many give tithes and/or offerings because they get a deduction. Some use earthly or fleshly reasoning, displease our Lord, and excuse themselves by saying that they can give more if they get the deduction, as if God could not and would not make up the difference. God does not want our money, He wants our love. If we love Him and our neighbor, all that we have will be His, and our only regret will be that we do not give more, regardless of earthly rules (See “The Most Important Thing: Loving God and/or Winning Souls” for a biblical study of the love relationship between Christ and His churches).

III. The deductibility of gifts to New Testament churches 

Will the IRS disallow a tax deduction for gifts to a New Testament church (a church which is not a legal entity such as an incorporation, unincorporated association, charitable trust, or corporation sole and which does not have 501(c)(3) status)? The IRS Code provides:

“§ 170.  Charitable, etc., contributions and gifts….
“(a) Allowance of deduction.
“(1) General rule. There shall be allowed as a deduction any charitable contribution (as defined in subsection (c)) payment of which is made within the taxable year. A charitable contribution shall be allowable as a deduction only if verified under regulations prescribed by the Secretary. [Emphasis mine.] …
“(c) Charitable contribution defined. For purposes of this section, the term ‘charitable contribution’ means a contribution or gift to or for the use of— …
“(2) A corporation, trust, or community chest, fund, or foundation–
“(A) created or organized in the United States or in any possession thereof, or under the law of the United States, any State, the District of Columbia, or any possession of the United States;
“(B) organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals;’
“(C) no part of the net earnings of which inures to the benefit of any private shareholder or individual; and
“(D) which is not disqualified for tax exemption under section 501(c)(3) [26 USCS § 501(c)(3)] by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office” (26 U.S.C. § 170).

The author has found only one case, Morey v. Riddell, 205 F. Supp. 918 (S.D. Cal. 1962), which addresses the issue of deductions for members of a New Testament church. That case held that § 170 applies to what appears from the record to have been, at least for the most part, a New Testament church. The government argued that contributions did not qualify as deductions. The Court held for the church on all points. The government’s arguments and the court’s holdings in Morey follow:

   “(1) The government argued that the church was not in fact an ‘organized association as contemplated by the statute (no distinctive identifying name, no written charter, constitution, bylaws, or operational guide other than the Holy Bible; it had no permanent headquarters, it did not maintain comprehensive records, and its funds were not held in a bank account designated as a church account.)
Held. The members of the church regard themselves simply as members of the body of Christ (as following the teachings of Christ in the NT). They have no denominational name, no written organizational guide supplementary to the NT because they believe to do so would be to add an arbitrary gloss to biblical precepts, thus obscuring the word of God. Yet, in adherence to this philosophy, they have bound themselves together in an organized association. Many of them have worshipped together for years in furtherance of the purposes of the church.  They hold regular public meetings in homes and rented quarters for Bible study, worship and evangelism. They assemble together in ‘camp meetings’. As an association, they sponsor radio broadcasts and print and distribute Bible literature.  They recognize specific individuals as ministers and as church officers, from whom they accept guidance.  Through the years their ministers have regularly performed marriage ceremonies accepted as valid by civil authorities.  Thus, while the church lacks some of the common indicia of organization, it plainly is an organized association of persons dedicated to religious purposes.
(2) The government argued that the church was not organized in the U.S. as required by statute.
Held. The basis for this contention is certain testimony that the church had its beginnings in Jerusalem in 33 A.D. It is perfectly obvious that what was meant by this testimony was that the Christian Church in the all-inclusive sense began in Jerusalem in 33 A.D. There is no doubt that the association constituting the church for whose use the contributions were made was organized in the United States.
(3) the government argued that the church does not qualify as a beneficiary for deductible contributions because no showing has been made that in the event of its dissolution its assets would by operation of law be distributed solely for religious purposes.
Held. This suggestion is prompted by [certain sections of the Income Tax Regulations and the C.F.R. that establish] that upon dissolution its assets must be distributable solely for an exempt purpose, either by terms of its articles of by operation of law. This regulation has no governing force in respect to the determination of the deductibility of plaintiffs’ contributions for two reasons. It had not yet been promulgated at the time the contributions were made and tax returns filed…. The regulation … is obviously intended as a safeguard against the possibility that funds accumulated by an organization by reason of its tax-exempt status might, in the event of its dissolution, be used for purposes other that those to which it was dedicated…. [See case for important part of the analysis.] It is evident that the contributions made by plaintiffs have long since been spent in furtherance of the religious purposes of the church, and that there is no possibility of their application to other uses.
(4) The government argued that the contributions were made by checks payable to the order of four of the church’s ministers.
Held. The government cites several cases in which bequests inured to the benefit of the order. These cases are factually distinguishable because in each case the Court found that the testator intended to make the bequest to the named individual. In the present case, it is clear from the evidence that plaintiffs did not intend to make contributions to ministers, individually, but placed the funds in their hands, as agents, for the use of the church.
 “(5) The government argued that the plaintiff’s contributions were not deductible because they inured to the benefit of individuals (the church’s ministers).
Held. The individuals benefited were the church’s recognized ministers, who employed a portion of the contributions given for the use of the church to pay their living expenses.  Such use of the contributions does not constitute a departure from the statutory requirement that no part of the net profits of the organization shall inure to the benefit of any individual, for the sums expended to meet the living expenses of the ministers were no part of the net profits of the church. They were monies expended to meet legitimate expenses of the church in implementing its religious purposes. These expenses were of the same character as the salaries paid by any religious or charitable organization to its staff. The evidence was clear that the ministers devoted the major portion of their time to work of the church and that the amount of church funds used to pay their modest living expenses was small in comparison to the extent of their services.”

The IRS agrees that contributions to a non-incorporated, non-501(c)(3) church are deductible: “You can deduct contributions only if you make them to a qualified organization. To become a qualified organization, most organizations, other than churches and governments, as described below, must apply to the IRS…. You can ask any organization whether it is a qualified organization, and most will be able to tell you. Or you can check IRS Publication 78 which lists most qualified organizations. You may find Publication 78 in your local library’s reference section. Or you can find it on the internet athttp://www.irs.gov. You can also call the IRS to find out if an organization is qualified. Call  1-877-829-5500…” (IRS Publication 526 (2009)). [Bold emphasis mine.]

IRS Publication 778 also reflects the provisions of IRC § 508IRS Publication 778 states: “Publication 78 is based on information received in applications seeking recognition of exemption under Internal Revenue Code section 501(c)(3). Churches, their integrated auxiliaries, conventions or associations of churches, and public charities whose annual gross receipts are normally not more than $5,000 may be treated as tax-exempt without filing an application. Also, many churches are included in group exemptions (see below)  Thus, they may not be listed in Publication 78.”

 IRS Publication 526 and IRS Publication 778 comply with the law, IRC § 508, which is quoted in relevant part above.

IV. Another reason some churches seek 501(c)(3) status:
the convenience offered state 501(c)(3) church members

However, the above does not tell the whole story. Another reason some churches seek 501(c)(3) status is that IRS regulations make it more difficult for members to receive tax deductions for tithes and offerings to a New Testament church than to an incorporated 501(c)(3) religious organization. Those regulations are unconstitutional in that they prefer members of corporate-501(c)(3) churches over First Amendment churches (churches who choose to retain their First Amendment and New Testament status). In other words, those regulations encourage carnal and uninformed believers to join churches organized under secular, as opposed to biblical, law.

“A donor cannot claim a tax deduction for any single contribution of $250 or more unless the donor obtains a contemporaneous, written acknowledgment of the contribution from the recipient church or religious organization. A church or religious organization that does not acknowledge a contribution incurs no penalty; but without a written acknowledgment, the donor cannot claim a tax deduction” (IRS Publication 1828 (2009), p. 24).

To receive a deduction, one must have records to prove his contributions. For cash contributions (includes cash, check, electronic funds transfer, debit card, credit card, or payroll deduction) less than $250, he must keep one of the following:

“1. A cancelled check, or a legible and readable account statement that shows:
“a. If payment was by check—the check number, amount, date posted, and to whom paid,
“b. if payment was by electronic funds transfer—the amount, date posted, and to whom paid, or
“c. if payment was charged to a credit card—the amount, transaction date, and to whom paid.
“2. A receipt (or a letter or other written communication) from the charitable organization showing the name of the organization, the date of the contribution, and the amount of the contribution.
“3. The payroll deduction records described next. … (IRS Publication 526 (2009)). See pp. 18-19 for rules for payroll deductions, contributions of $250.00 or more, and for noncash contributions.).

For contributions of more than $250, one must keep one of the following:

“You can claim a deduction for a contribution of $250 or more only if you have an acknowledgement of your contribution from the qualified organization or certain payroll deduction records.
“If you claim more than one contribution of $250 or more, you must have either a separate acknowledgement for each or one acknowledgement that shows your total contributions and the date of each contribution and shows your total contributions.” (Ibid.).

“Acknowledgement. The acknowledgement must meet these tests:

“1. It must be written.
“2. It must include:
“a. The amount of cash you contributed.
“b. Whether the qualified organization gave you any goods or services as a result of your contribution (other than certain taken items and membership benefits), and
“c. A description and good faith estimate of the value of any goods or services described in (b) other than intangible religious benefits, and
“d. A statement that the only benefit you received was an intangible religious benefit, if that was the case. The acknowledgment does not need to describe or estimate the value of an intangible religious benefit. An intangible religious benefit is a benefit that generally is not sold in commercial transactions outside a donative (gift) context. An example is admission to a religious ceremony.
“3. You must get it on or before the earlier of:
“a. The date you file your return for the year you make the contribution, or
“b. The due date, including extensions, for filing the return.”

 “If the acknowledgment does not show the date of the contribution, you must also have a bank record or receipt, as described earlier, that does show the date of the contribution. If the acknowledgment does show the date of the contribution and meets the other tests just described, you do not need any other records” (Ibid.).

“Payroll deductions. If you make a contribution by payroll deduction, you do not need an acknowledgement from the qualified organization. But if your employer deducted $250 or more from a single paycheck, you must keep:

“1. A pay stub, Form W-2, or other document furnished by your employer that date and amount of the contribution, and
“2. A pledge card or other document prepared by or for the qualified organization that shows the name of the organization.

“If your employer withheld $250 or more from a single paycheck, see Contributions of $250 or More, next.” (Ibid.).

Also, according to the IRS, a church may assist the IRS and issue written statements for gifts of $250 or more given the church, which will be honored by the IRS if such receipts contain the following information:

“the name of the church or religious organization; date of contribution; amount of any cash contribution, and description (but not the value) of non-cash contributions; statement that no goods or services were provided by the church religious organization in return for the contribution; statement that goods or services that a church or religious organization provided in return for the contribution consisted entirely of intangible religious benefits, or description and good faith estimate of the value of goods or services other than intangible religious benefits that the church or religious organization provided in return for the contribution.
“The church or religious organization may either provide separate acknowledgments for each single contribution of $250 or more or one acknowledgment to substantiate several single contributions of $250 or more. Separate contributions are not aggregated for purposes of measuring the $250 threshold” (IRS Publication 1828 (2009), p. 24).

A pastor/trustee of a New Testament church holds property for the benefit of the Lord Jesus Christ (See “Analysis of another reason given for church corporate status: to hold property”). Thus, the pastor of a New Testament church, not the church herself, may keep records if he so desires. However, since all monies given are used for legitimate purposes, there are no profits. As to membership records, only those who have been born again are members of a church and only God knows who has been saved and adds to the church. The Bible contains no example of our Lord or the church keeping financial records. Judas stole from the money bag he carried” (See John 12.6). No apostle made an issue of it. Christ knew about it, but did not rebuke him in any way or turn Judas in to the civil authority. No instructions for a church to keep financial records can be found in the New Testament.

IRS regulations require that: “All tax-exempt organizations, including churches and religious organizations (regardless of whether tax-exempt status has been officially recognized by the IRS), are required to maintain books of accounting and other records necessary to justify their claim for exemption in the event of an audit” (IRS Publication 1828 (2009), p. 21).

A New Testament church is not an earthly entity or organization. Therefore, she has no earthly matter to keep records of. Keeping records would require a church to behave somewhat like a business and keep records of tithes and offerings, thereby destroying her status as a spiritual entity. Again, the pastor/trustee of a New Testament church may keep such records if he so desires. A pastor/trustee is not the church. He is just holding property and/or funds in trust for the benefit of the Lord Jesus Christ, an awesome responsibility under the Lord.

In addition, “charitable contribution” under IRC § 170 quoted supra, means “a contribution or gift to or for the use of … a corporation, trust, or community chest, fund, or foundation … organized and operated exclusively for religious [or] charitable … purposes … which is not disqualified for tax exemption under section 501(c)(3) [26 USCS § 501(c)(3)] by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.” A New Testament church is not any of the organizations named in IRC § 170 and cannot accept limitations on her spiritual responsibilities. Remember, a New Testament church retains all her protections under the First Amendment to the United States Constitution, as well as under the state constitution and statutes of the state wherein she meets.

The author believes that a New Testament church cannot have employees. First, he believes that to do so is unbiblical. Secondly, to do so subjects the church to Federal Insurance Contributions Act (FICA) taxes which consist of Social Security and Medicare taxes. (Ibid., p. 18).

“Whether a church or religious organization must withhold and pay employment tax depends upon whether the church’s workers are employees. Determination of worker status is important. Several facts determine whether a worker is an employee. For an in-depth explanation and examples of the common law employer-employee relationship, see “IRS Publication 15-A, Employer’s Supplemental Tax Guide.  Those IRS definitions do not apply to members of a New Testament church involved in ministry because those members do not receive wages. The IRS states:

“Wages paid to employees of churches or religious organizations are subject to FICA taxes unless one of the following exceptions applies: (1) wages are paid for services performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry, or by a member of a religious order in the exercise of duties required by such order, (2) the church or religious organization pays the employee wages of less than $108.28 in a calendar year, or (3) a church that is opposed to the payment of social security and Medicare taxes for religious reasons [files Form 8274]…. If such an election is made, affected employees must pay Self-Employment Contributions Act (SECA) tax… (IRS Publication 1828 (2009) p. 18).”

Other IRS rules apply to taxes on compensation of ministers. A New Testament church cannot pay wages or any type of compensation to her pastor or anyone else. According to the Bible, members of such a church can give gifts to take care of a pastor, but those gifts are not wages and are not required by contract or any other earthly rule.

Unlike exempt organizations or businesses, civil law provides that a church is not required to withhold income tax from the compensation that it pays to its duly ordained, commissioned, or licensed ministers for performing services in the exercise of their ministry” (Ibid., p. 18-19). In fact, a New Testament church cannot “compensate” anyone since she is a spiritual entity, and therefore can hold no property of any kind, nor can she hold money. Members as individuals can give tithes and offerings to be used for biblically approved uses. Such gifts are can be held by a pastor/trustee who holds property and money for the benefit of the Lord Jesus Christ and disperses money given for biblically acceptable ministries and uses.

Furthermore, anyone can give a gift or gifts to anyone else. According to the Internal Revenue Code § 102, gifts up to a certain amount are not income and therefore, not taxable. In 1998, gifts of up to $10,000 were not taxable, and that limit has increased each year since according to the formula laid out in Internal Revenue Code § 2503.

V. Conclusion

The Bible lays out the guidelines for churches. No matter what civil law says, a church and her members should adhere to those guidelines, even if inconvenienced, penalized, and/or persecuted. American law is more favorable to true New Testament churches than are the laws of almost all other nations, but the law has become somewhat convoluted, especially regarding deductions for the tithes and offerings of New Testament church members. The conveniences which the federal government offers churches through the 501(c)(3) exemption-definition-control scheme actually violates the First Amendment (See “The Internal Revenue Code § 501(c)(3) Exemption-Definition-Control Scheme” for more information on 501((3)). The First Amendment to the United States Constitution declares that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….”

The complications, inconveniences, and penalties caused members of New Testament churches have come about because the great majority of churches and pastors have not honored the Lord in their understanding of and application of the biblical doctrine of the church. They have not determined, as did the Apostle Paul, to present their church as a chaste virgin to Christ (See II Co. 11.2). In other words, most churches do not love the Lord as He loves His churches (See,  “The Most Important Thing: Loving God and/or Winning Souls“). Most incorporate (or become unincorporated associations or corporations sole) and get 501(c)(3) status. As to this matter at least, they walk in the flesh, not in the Spirit. As the author chronicles in Section VI of God Betrayed/Separation of Church and State: The Biblical Principles and the American Application and in other articles and audio teachings, after the adoption of the First Amendment, many “Bible believing” churches who had fought long and hard for religious liberty ignored the sound biblical advice of men like Isaac Backus and began to run to the state to incorporate. In the twentieth century churches sought 501(c)(3) status when it became available. They violated biblical principles, displeased the Lord, and gave up much of their First Amendment rights and protection.

“Nearly 30 years ago, an eminent minister insisted before Congress that: [T]he first amendment … should not permit the state to tell the church when it is being ‘religious’ and when it is not. The church must be permitted to define its own goals in society in terms of the imperatives of its religious faith. Is the Christian church somehow not being religious when it works on behalf of healing the sick, or for the rights of minorities, or as peacemaker on the international scene? No, the church itself must define the perimeters of its outreach on public policy questions” (Richard W. Garnett, A Quiet Faith? Taxes, Politics, and the Privatization of Religion. 42 B.C. L. Rev. 771, 772, 2001, citing Legislative Activity By Certain Types of Exempt Organizations: Hearings Before the House Ways and Means Committee, 92d Cong., 2d Sess. 99, 305 (1972) quoted in Edward McGlynn Gaffney, Jr., On Not Rendering to Caesar: The Unconstitutionality of Tax Regulation of Activities of Religious Organizations Relating to Politics, 40 DePaul L. Rev. 1, 20 (1990)).

A New Testament church is protected by God forever, and temporally by the First Amendment. On the other hand, a state incorporated church enters into a contract with the state, the sovereign of the corporation. By so doing, the incorporated church assumes a second personality—that of an artificial person, a legal entity, capable of suing and being sued (See “Separation of Church and State: Christians Who Call Evil Good and Good Evil” for more information on the meaning of church incorporation.). Incorporation provides for civil governmental regulation in many areas, and it does not protect the church from all governmental interference with matters outside the contract. When a church seeks and acquires 501(c)(3) status, she thereby has agreed to certain restrictions and that she will abide by public policy (See “The Internal Revenue Code § 501(c)(3) Exemption-Definition-Control Scheme” for more information on 501(c)(3) tax exemption.). She also submits herself to anti-biblical teaching from civil government through the IRS. Most egregious of all, she, like Israel who asked for a king, has committed a great wickedness against God by putting herself, at least partially, under another head. We are witnessing the undesirable consequences which follow church incorporation and 501(c)(3).

Most churches walk in the flesh and not the spirit as to the issue of separation of church and state and are guilty of one or more of the following, among other things: using far more resources to build magnificent edifices than to reach the lost; catering to individual’s flesh instead of preaching against sin, proclaming the true Gospel of salvation, and teaching the deeper principles and doctrines of Scripture; and organizing and running “businesses” instead of New Testament churches to one degree or another. The results are: churches, believers, and church families lack the power of God; many individuals, families, churches, and the nation follow Satan and his principles; and, most importantly, far fewer souls in America, as a percentage, are being saved than would be the case would churches only get serious about the love relationship between Christ and His churches.

Note

All legal conclusions in this article are those of the author, a Christian and a licensed attorney. Please do not attempt to act in the legal system if you are not a lawyer, even if you are a born-again Christian. Many questions and finer points of the law and the interpretation of the law cannot be properly understood by a simple facial reading of a civil law. For a born-again Christian to understand American law, litigation, and the legal system as well as spiritual matters within the legal system requires years of study and practice of law as well as years of study of biblical principles, including study of the biblical doctrines of government, church, and separation of church and state. One who has not paid the price and done his homework in these matters cannot gain a correct understanding of the issues by reading a few articles over the internet—including articles in this “Separation of Church and State” blog—or elsewhere; by studying cases and law himself; by consulting with lawyers, pastors, or Christians of state churches; by consulting with lawyers, pastors, or Christians who embrace a false theology; and/or by consulting with pastors or Christians who have no actual training in a bona fide law school and who have not practiced law.  Those with the proper credentials and who specialize can see and understand things that others cannot. The Lord wishes a church to be a spiritual body and each member of that body to practice the gift with which God has entrusted him. Many “Christians,” including many “Christian” lawyers who are making a lot of money by recommending legal status (non-profit corporation, 501(c)(3) tax exemption, etc), sometimes motivating the unknowledgeable through fear tactics, and helping churches to get legal entity status are not qualified under God and/or under man to advise on church-state issues. Every church and every believer is responsible to God in all matters pertaining to faith and practice, even in matters which require a deep understanding of biblical principles and man’s laws relating thereto.

The author is totally aware that many “Bible believing” pastors and Christians will not seek truth regarding these preeminent legal and spiritual facts and doctrines. He is at peace though, because he has done what the Lord has called him to do—declare the truths about these matters. That is all he can do. After all, the religious crowd did not have ears to hear and rejected the truths which were declared to them by God Himself, the Lord Jesus Christ.