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 opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. 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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