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License to preach?

PotomacBob ๐Ÿšซ

(this question refers to the U.S.) If I have a message (or even if I don't), what's to prevent me from starting my own ministry and delivering my own version of "the word of God" in whatever forum I can get? Is there any body (gummint or otherwise) that licenses people to preach their own version of the Gospel? Could I declare my cornfield (if I had a cornfield) to be a church? Would it be considered criminal fraud if I urged people to tithe to my ministry - even if I have no training or education or license or other credentials?

Replies:   Dominions Son  REP  Oh_Oh_Seven
Dominions Son ๐Ÿšซ

@PotomacBob

If I have a message (or even if I don't), what's to prevent me from starting my own ministry and delivering my own version of "the word of God" in whatever forum I can get?

In the US? Absolutely nothing.

Is there any body (gummint or otherwise) that licenses people to preach their own version of the Gospel?

No

Goldfisherman ๐Ÿšซ
Updated:

Absolutely NO law against it' That is why we (US) has had so many death cults. They did not start out that way but that is how the Mormons got started when One of my grandfathers taught one of farm hands how to read and write and Goldsmithing.
He then knocked up half of the women in town.

He was a romantic and went into town women who became his followers. It is also why half of the rest of the town came looking for him.

Ernest Bywater ๐Ÿšซ

My understanding is in the USA anyone can be a preacher and anyone can start a church. However, if you want to collect tax free donations you have to apply to the government for approval, otherwise any money given to you is taxed as an income.

Replies:   PotomacBob  Vincent Berg
PotomacBob ๐Ÿšซ

@Ernest Bywater

Anybody know what that approval of tax exemption entails? Is it just filing forms that, if filled in, get approved authomatically, or is there some attempt to determine that the church is actually a church, even if they worship rattlesnakes?

Ernest Bywater ๐Ÿšซ

@PotomacBob

Anybody know what that approval of tax exemption entails?

check the USA IRS website for the correct info - I doubt it's a rubber stamp job, but I also doubt they try to establish how serious a religion is as they approved Scientology which started as a bet.

Uther_Pendragon ๐Ÿšซ

@PotomacBob

Anybody know what that approval of tax exemption entails? Is it just filing forms that, if filled in, get approved authomatically, or is there some attempt to determine that the church is actually a church, even if they worship rattlesnakes?

Getting tax exemption for an organization is not simple -- though religious groups might have it easier. The CONTENT of what you are doing, though, is not part of the evaluation process. If I want to teach people to wiggle their ears, I can start a tax-exempt school so long as the directors don't benefit and some other financial rules are met.

Vincent Berg ๐Ÿšซ

@Ernest Bywater

My understanding is in the USA anyone can be a preacher and anyone can start a church. However, if you want to collect tax free donations you have to apply to the government for approval, otherwise any money given to you is taxed as an income.

While there are no restrictions on which religions are or aren't valid, there are laws governing activities of churches. Basically, if you're a non-profit, you've got to document how you spend your money, and for churches, you were (until recently) required to limit what you say politically in association with your church (i.e. no telling your congregation to vote for candidate X, or that voting for candidate Y will condemn you to hell for all eternity). Sadly, since that restriction was overturned, churches are now becoming unregulated fund-raising groups for specific far left/right viewpoints.

Most times off-the-wall churches crash, is when they've committed specific crimes (polygamy, child sexual abuse, prostitution, and yes, outright murder on their 'church' grounds). Then, when the government (i.e. either Police or FBI intervene, they 'resist' and most end up dying by their own choice).

Michael Loucks ๐Ÿšซ

@Vincent Berg

Sadly, since that restriction was overturned, churches are now becoming unregulated fund-raising groups for specific far left/right viewpoints.

It was trivially easy to get around this before. When I was involved in church leadership, I had to explain to one of the lay preachers that he could not name any political candidate in his semon, but he could, absolutely, advocate for a position. He could even direct people to vote for 'pro-life' candidates, so long as he didn't name them or their party.

So changing the rule didn't actually change much, because position advocacy was always acceptable.

Dominions Son ๐Ÿšซ

@Vincent Berg

Basically, if you're a non-profit, you've got to document how you spend your money, and for churches, you were (until recently) required to limit what you say politically in association with your church

Technically true, however, the Secretary of the treasury has to personally sign off on it and provide advance written notice to the church in question before the IRS can even start investigating the church for a possible violation of those rules.

Remus2 ๐Ÿšซ

https://www.irs.gov/charities-non-profits/churches-religious-organizations

mimauk ๐Ÿšซ

American comedian John Oliver done a show taking the mick about all the fundamentalist preachers and how you can start your own church. He started one in Texas, I think, for a few dollars and ended the show trying to get people to send him money like the TV evangelists.
It's on youtube if you do a search.

awnlee jawking ๐Ÿšซ

I can't help with your question but I'd like to know more about the context. Are you writing a story about a new religion?

AJ

REP ๐Ÿšซ

@PotomacBob

Starting a new religion is not illegal. All you have to do is define a set of theological principles and then get a group of people to accept your principles are valid. No problem. It has been done many times.

The problems begin with donations to the church. In the US, that is considered income. Therefore, ignoring the theological operations, the church has to be run as a business. Most of the evangelists don't want to pay income tax to the IRS. Therefore, they have their ministries declared religious organizations and the income non-taxable. I seem to recall there are rules regarding a church's income that are similar to those that apply to non-profit organizations. It may be the same rules.

The business then pays the owner for his services, which becomes taxable income. Since the owner doesn't want to pay taxes, they try to make what they get non-taxable income. A good accountant helps, but many evangelists get in trouble with the IRS.

Michael Loucks ๐Ÿšซ

@REP

The business then pays the owner for his services, which becomes taxable income. Since the owner doesn't want to pay taxes, they try to make what they get non-taxable income. A good accountant helps, but many evangelists get in trouble with the IRS.

Having run the finances for a small church, the rules can be very complicated depending on how you structure your payments to your pastor and how you handle a 'rectory' or 'manse' (i.e. owned by the church, or an allowance paid to the pastor).

That said, if you don't try to cheat, the rules aren't onerous and are fairly easy to follow. Our pastor's salary was about 60/40 salary vs. housing allowance (with the housing allowance being non-taxable). We also paid his health insurance and contributed to his retirement fund.

In the fifteen years I did that, I never once heard a word from the IRS and neither did he. But then again, we weren't trying to cheat!

In our case, the biggest issue was ensuring we structured our bookstore such that it qualified as tax exempt (basically, only open before/after services, and mostly selling to the congregation or visitors, with all transactions occurring in the church building).

And making sure we renewed our various tax exemptions as required. Letting those expire can be nightmarish.

Replies:   REP
REP ๐Ÿšซ

@Michael Loucks

When I said evangelists, I was thinking of people like Jim and Tammy Fey Bakker and other televangelist who seem to live very affluent lifestyles that exceed their reported income. From what I understand, the cost of that elevated lifestyle is frequently written off as an expense incurred by their ministry or by outright fraud.

I was thinking of the ministers with the $5,000 suits and travel by private jet. They are the ones who have problems with the IRS.

Replies:   Tw0Cr0ws
Tw0Cr0ws ๐Ÿšซ

@REP

The ones that televise from the back deck of their huge yacht asking for donations?

Replies:   REP
REP ๐Ÿšซ

@Tw0Cr0ws

Yep, those are the ones.

For me Jim Bakker epitomizes that type of person. According to a Wikipedia article, Jim Bakker:
https://en.wikipedia.org/wiki/Jim_Bakker

1. Redirected more than a million dollars from his PTL ministry account to his personal use.

2. Paid Jessica Hahn, the PTL secretary, $279K from the PTL account to silence her regarding her alleged account of being drugged and raped by Jim Bakker and former PTL Club co-host John Wesley Fletcher.

3. Absconded with $3.4M from a mail fraud scheme involve selling life time memberships to his followers.

He was sentenced to 45 years in prison, but the judge made inappropriate remarks during the sentencing and he was resentenced to 8 years and released on parole after 5 years in 1994.

In 2003, he returned to his televangelist career and began broadcasting the The Jim Bakker Show. Any bets on how much money he has redirected since he started his new career.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@REP

Any bets on how much money he has redirected since he started his new career.

Probably a lot, but it's going to be a lot harder for the IRS to prosecute him again.

Section 7611 of the Internal Revenue code covers audits of Churches by the IRS.

When Baker was originally prosecuted It only required sign off by a high level treasury official.

Today, section 7611 explicitly says that sign off by the Secretary of the Treasury not only has to sign off on any IRS investigation of a church for either tax debt or to review the validity of the churches non profit status, but he also has to give written notice to the Church before the IRS can even open an investigation.

Replies:   REP
REP ๐Ÿšซ
Updated:

@Dominions Son

You may not understand DS.

1. Bakker was not brought up on charges by the IRS. Initially the FCC investigated missing funds that had been raised via his television ministry. He lost his TV station. The Justice department decided to not prosecute. The IRS learn that he had used $1.3M of ministry funds for his personal benefit; evidently he didn't declare the funds as personal income. They didn't act until after the Jessica Hahn scandal. Eventually he was charged with mail fraud, wire fraud, and conspiracy.

2. You are right about Bakker having learned and it will be harder to get a conviction. However, people like Bakker think they are smarter than the system. The system may be slow, but it will eventually catch up to him and whatever he is doing now.

3. The IRS statutes don't apply. Bakker did not form a church. His ministry is within an existing church. The authorities would go after Bakker, not the church.

Dominions Son ๐Ÿšซ

@REP

I seem to recall there are rules regarding a church's income that are similar to those that apply to non-profit organizations. It may be the same rules.

That may or may not be true, but the IRS's ability to limit to audit an actual church, as opposed to a religiously affiliated charity or secular charity, has been severely limited.

https://www.irs.gov/charities-non-profits/churches-religious-organizations/special-rules-limiting-irs-authority-to-audit-a-church

Congress has imposed special limitations, found in section 7611 of the Internal Revenue Code, on how and when the IRS may conduct civil tax inquiries and examinations of churches. The IRS may begin a church tax inquiry only if an appropriate high-level Treasury official reasonably believes, on the basis of facts and circumstances recorded in writing, that an organization claiming to be a church or convention or association of churches may not qualify for exemption, may be carrying on an unrelated trade or business (within the meaning of IRC ยง 513), may otherwise be engaged in taxable activities or may have entered into an IRC ยง 4958 excess benefit transaction with a disqualified person.

Oh,and as to the high-level Treasury official, the actual statute refers specifically to "The Secretary", which in this case means the Secretary of the Treasury, a cabinet level official appointed by the President and requiring confirmation by the Senate.

https://www.irs.gov/pub/irs-tege/26usc7611.pdf

Remus2 ๐Ÿšซ
Updated:

Research 'Religious Land Use and Institutionalized Persons Act', and Pastafarianism in conjuction with each other. Ignore the Institutionalized Persons part and focus on the land use part. Pastafarianism already has some court rulings against it calling it a "satirical religion" which shot down some of its tax status.

With that in hand, study the IRS rules.

Replies:   Darian Wolfe
Darian Wolfe ๐Ÿšซ

@Remus2

Of course one could always join the Universal Life Church which is very lax concerning the individual churches theology and dogma and is recognized by the IRS. They also provide all the legal information that you need to stay on the right side of the law. Now, when the congregation gets larger you may need more than the information they provide but for home churches and congregations of say 200 or less. it should be sufficient.

Remus2 ๐Ÿšซ

I didn't know the first thing about running a 'church' prior to this thread. Nor did I really care all that much. Being ever curious, I started researching after seeing this thread.

Some of the things discovered are parts disturbing, and some parts irritating. Whatever the case, there are reams of information available with little effort to find it.

The number of clear scams are disturbing, more so the number of clear cults attempting to legitimize themselves through 'official' recognition.

Irritating in that there are 'official' laws of any kind to begin with. The whole 'separation of church and state' thing is a farce on nearly every front.

With that said, I'll extract myself from this thread.

Replies:   REP
REP ๐Ÿšซ

@Remus2

more so the number of clear cults attempting to legitimize themselves through 'official' recognition.

I believe the practice of one's religion is an honest avocation. However, I also believe churches that define how you are to worship and what you are to think are cults. Most churches meet that definition in my opinion.

red61544 ๐Ÿšซ

In the musical "Sweet Charity", Sammy Davis, Jr. sang a song about starting a new religion called "The Rhythm of Life". The chorus was "A voice said, 'Daddy, there's a million pigeons waiting to be hooked on new religions." Sammy was dead on! https://www.youtube.com/watch?v=uQSAIBD0gbE

Oh_Oh_Seven ๐Ÿšซ

@PotomacBob

Just look at Scientology. Created for the sole purpose of evading taxes.

Official accreditation from the government is only in the manner of recognition for religious tax exempt status.

Replies:   karactr
karactr ๐Ÿšซ

@Oh_Oh_Seven

I always figured Scientology was just a way for L.Ron to sell more books to the rich and stupid. Go figure.

Replies:   Michael Loucks
Michael Loucks ๐Ÿšซ

@karactr

I always figured Scientology was just a way for L.Ron to sell more books to the rich and stupid. Go figure.

It's both - a tax dodge and a way to fleece the rich. The cost for 'The Bridge' is probably in the $350k range. That'll get you from 'raw meat' off the street to OT VIII.

That cost does include your $3500 e-meter and a backup (which is required).

Replies:   karactr
karactr ๐Ÿšซ
Updated:

@Michael Loucks

As I said, rich and stupid. And to think, I actually liked some of his work. Just another Aleister Crowley though.

Replies:   REP
REP ๐Ÿšซ

@karactr

It is not his writing that is the issue, although I didn't care for his writing style. The issue seems to be about creating a church and using it to avoid income tax. With to me is income tax evasion, but the IRS rules allow it.

karactr ๐Ÿšซ

@REP

Oh, I understand that and fully agree. I feel that churches need to actually prove their income is not used for personal gain on a continual basis but they always seem to get around that.

And I can't make a buck. Jealous I guess, but I also couldn't use people that way.

Replies:   Ernest Bywater
Ernest Bywater ๐Ÿšซ

@karactr

I feel that churches need to actually prove their income is not used for personal gain

A few simple law changes would see most of the problems resolved and upset the church hierarchy in many churches.

First - put limitation on the types of accommodation that can be provided to church officials and limit who can get such assistance. Say a basic residence for the preacher only.

Second - all monies donated to the church can only be spent on improving the worship facilities or helping the poor within the parish. Exception can be made for specific earmarked donations noted as such for help projects - say a Disaster Relief Fund or a Missionaries Fund, but they have to be within the limited list of purposes.

Third - no paid support positions within the church management beyond that of a janitor / caretaker role paid at the local award or average rates..

This would ensure most, if not all, of the funds raised are spent on the specified purposes or locally in supporting the community. It would also anger the bigger churches as the great bulk of the money would be spent at the local level and not shunted up the line to support Cardinals, Bishops and professional administrators the way it is now. It would also call a death knell on the tele-evangilist millionaires.

PotomacBob ๐Ÿšซ

@REP

With to me is income tax evasion, but the IRS rules allow

Is it IRS rules - or the law passed by Congress?

Dominions Son ๐Ÿšซ

@REP

. With to me is income tax evasion, but the IRS rules allow it.

It's not IRS rules that are at issue, but the tax laws written and passed by congress, combined with the free exercise and establishment clauses of the first amendment.

The law written by congress allows tax exempt non-profit status for churches (religious organizations who's primary purpose is worship and the conducting of religious rites).

The two above mentioned clauses of the first amendment effectively prohibit the federal government from creating any legal criteria for what is or is not a religion. They are effectively bound to take your word for it.

By the way, it has also been argued, and never definitively decided by the Supreme Court one way or the other, that because of 1A the government has no authority to tax churches in the first instance.

Replies:   PotomacBob  Oh_Oh_Seven
PotomacBob ๐Ÿšซ

@Dominions Son

It's not IRS rules that are at issue, but the tax laws written and passed by congress, combined with the free exercise and establishment clauses of the first amendment.

If, because of the first amendment, churches are exempt from taxation, should not "the press" (also in the first amendment) also be exempt?

Replies:   REP  Dominions Son
REP ๐Ÿšซ
Updated:

@PotomacBob

If, because of the first amendment, churches are exempt from taxation

The 1st Amendment states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ...

The 1st Amendment has nothing to do with taxation of an existing religion. Nor does it mention taxation of the free press.

Dominions Son ๐Ÿšซ

@PotomacBob

If, because of the first amendment, churches are exempt from taxation, should not "the press" (also in the first amendment) also be exempt?

No.

1. the free speech and free press clauses are structured very differently than the free exercise and establishment clauses.

2. The free press clause is best understood as the press as technology, not the press as a industry. The free press clause does not give professional journalists and rights not shared by everyone else.

In fact, the use of the term "the press" to refer to the newspapers as an industry originated well after the founding era.

Replies:   Uther_Pendragon
Uther_Pendragon ๐Ÿšซ

@Dominions Son

In fact, the use of the term "the press" to refer to the newspapers as an industry originated well after the founding era.

Thank you!
I keep making that point -- or articulating it without anyone else accepting it.
Plenty of people think that "Freedom of speech and of the press" refers to two entirely different sets of freedoms.

Oh_Oh_Seven ๐Ÿšซ

@Dominions Son

Many years ago, lol, my Tax 101 professor stated on day 1 "there is no logic in tax, if you use logic in this class you will fail".

Tax law is the result of passed laws. And, per the current speaker of the house, there are members that do not understand English.

Just saying.

Oh_Oh_Seven ๐Ÿšซ

@REP

Actually, Hubbard's henchmen, in non physical manner, made individual IRS officials uncomfortable and fearful during the process. These officials have accreditation to escape said abuse.

Keet ๐Ÿšซ

No religious organization should have any tax exemptions at all. They can set up a regular charity organization if they want a tax exemption but not for the church itself. It's discriminating the atheists and agnostics.

Replies:   Remus2
Remus2 ๐Ÿšซ

@Keet

No religious organization should have any tax exemptions at all. They can set up a regular charity organization if they want a tax exemption but not for the church itself. It's discriminating the atheists and agnostics.

Atheistic and agnostic groups have created their own organizations under the rules for religious organizations. Pastafarianism FSM for instance. As for discrimination, I have to disagree with you on that basis.

Replies:   Keet
Keet ๐Ÿšซ

@Remus2

Atheistic and agnostic groups have created their own organizations under the rules for religious organizations. Pastafarianism FSM for instance. As for discrimination, I have to disagree with you on that basis.

Pastafarianism was specifically created to oppose religious discrimination and the preferential status of religious organizations. There is only ONE single reason why Pastafarianism was accepted in some countries as a "religious" organization and that is because otherwise exemptions for other religious organizations would have to be redrawn. There is NO logical reason to justify exemptions for religious organizations other than political pressure. In my eyes that's legalized discrimination.

Replies:   StarFleet Carl  REP
StarFleet Carl ๐Ÿšซ

@Keet

There is NO logical reason to justify exemptions for religious organizations other than political pressure.

The logical reason goes back to the founding of the US, where the founders of this country at that time did not want a state religion, and the Church of England was their example. While the Archbishop of Canterbury is the senior cleric, the Supreme Governor of the Church (albeit today mostly symbolic) is the Queen.

REP ๐Ÿšซ

@Keet

Pastafarianism was specifically created to oppose religious discrimination and the preferential status of religious organizations.

Pastafarianism (AKA Church of the Flying Spaghetti Monster)originated as a protest against the Kansas Board of Education's decision to allow the teaching of intelligent design in public schools. Intelligent Design was a means of introducing the teaching of religion into the school system.

http://religion.wikia.com/wiki/Flying_Spaghetti_Monster

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