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Level 2
December 7, 2019
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Is a minister's wages exempt from CA income tax.If a minister is exempt from withholding, is that the same as being exempt from paying taxes.Is box 16 of W2 left blank.

  • December 7, 2019
  • 1 reply
  • 38 views

I have called the State of Calif (EDD) several times and get several different answers to this question

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Best answer by itonewbie

Being exempt for withholding purposes is not the same as being exempt from income and SE-tax liabilities.  The only exclusion that applies to ministers would be allowances designated as parsonage, which is limited by §107 to:

  1. the rental value of the home furnished as part of his compensation; or
  2. the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities.

The Code does not extend any preferential tax treatment to religious ministers per se but rationalizes this exclusion as being akin to §119.

CA does not conform to subsection (2) in limiting the exclusion to the fair rental value of the home pursuant to RTC §17131.6.

This exclusion also does not apply to SE-tax (unless exemption is granted by the IRS).  In the absence of income tax withholding, the minister would also be required to make quarterly ES-tax payments or could otherwise be subject to underpayment of ES-tax penalty.

1 reply

itonewbie
itonewbieAnswer
Level 15
December 7, 2019

Being exempt for withholding purposes is not the same as being exempt from income and SE-tax liabilities.  The only exclusion that applies to ministers would be allowances designated as parsonage, which is limited by §107 to:

  1. the rental value of the home furnished as part of his compensation; or
  2. the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities.

The Code does not extend any preferential tax treatment to religious ministers per se but rationalizes this exclusion as being akin to §119.

CA does not conform to subsection (2) in limiting the exclusion to the fair rental value of the home pursuant to RTC §17131.6.

This exclusion also does not apply to SE-tax (unless exemption is granted by the IRS).  In the absence of income tax withholding, the minister would also be required to make quarterly ES-tax payments or could otherwise be subject to underpayment of ES-tax penalty.

---------------------------------------------------------------------------------Still an AllStar
gdmaof12Author
Level 2
December 7, 2019
Thank you,
In regards to the parsonage allowance: our minister is paid a cash compensation of $76,700/year.  He lives rent/utilities free in the church's residence.  The value of the FMRV is $56,000 (including utilities).  So do we subtract $56,000 from the $76,700 and he only pays taxes on $20,700 (W2 box 1) or is it just that he doesn't have to pay taxes on the non-compensation of $56,000, as a non-clergy person would have to and pays taxes on his cash compensation of $76,700 (W2 box 1).  He has opted out of SS, SE.   
In regards to the original question of the amount in box 16 of the W2 for State income - then the $76,700 is also put in box 16
thank you