Guest Frankie Posted July 31, 2001 Posted July 31, 2001 Am i understanding page 3 in IRS Publication 571 (Rev. June 2001)? My interpretation would be that if a self-employed minister is employed by a non-501©(3) organization and would like to participate in a church plan such minister must share a common religious bond with the employer (meaning the church). If a self-employed minister is employed by non-501©(3) organization such minister could set up a 403(B) account on their own and decuct their contribution as long as they do not share a common religious bond with the employer ( meaning the non-501©(3) organization. I would appreciate any input on this issue
Carol V. Calhoun Posted August 3, 2001 Posted August 3, 2001 Hmm, I'm interpreting this a bit differently. It seems to me that a self-employed minister is always treated as if s/he were employed by a tax-exempt organization and therefore eligible for a 403(B) plan. (Paragraph 2 of the eligibility rules for ministers.) A minister who is employed, rather than self-employed, is eligible for a 403(B) plan under one of two circumstances: [*]If the minister is employed by a 501©(3) organization, s/he can participate in the 403(B) plan of that organization. (Paragraph 1 of the eligibility rules for ministers.) [*]If the minister is employed by an organization that is not a 501©(3) organization, s/he can set up his or her own 403(B) plan if s/he functions as a minister, and does not share common religious bonds with the employer. (Paragraph 3 of the eligibility rules for ministers.)[/list=1] The question here is the definition of the word "employed." You refer to a self-employed minister who is employed by an organization that is or is not a 501©(3) organization. However, someone who is self-employed is, by definition, not "employed" by anyone other than him/herself. Employee benefits legal resource site The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
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