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Church Retirement Plans and Retired Ministers May Be Impacted by District Court's Housing Allowance Ruling
Ice Miller LLP Link to more items from this source
Oct. 17, 2017

"On Oct. 6, 2017, ... Judge Barbara Crabb of the Western District of Wisconsin held that Section 107(2) of the Internal Revenue Code violates the Establishment Clause of the First Amendment. Code Section 107(2) provides that a minister can exclude from gross income a cash housing allowance provided to the minister as pay for services in the exercise of ministry. The ruling, if upheld, would have a significant impact on ministers who have a portion of their salaries designated as housing allowance, as well as their employing churches. Moreover, it would have a significant impact on church retirement plans and retired ministers who designate a portion of their retirement income as housing allowance excludible from taxable income."[Gaylor v. Mnuchin, No. 16-215 (W.D. Wis. Oct. 6, 2017)]

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