Enlarge image | Application for Exemption From Self-Employment Tax OMB No. 1545-0074 Form 4361 (Rev. January 2011) for Use by Ministers, Members of Religious Orders File Original Department of the Treasury and Christian Science Practitioners and Two Copies Internal Revenue Service File original and two copies and attach supporting documents. This exemption is granted only if the IRS returns a copy to you marked “approved.” 1 Name of taxpayer applying for exemption (as shown on Form 1040) Social security number Number and street (including apt. no.) Telephone number (optional) City or town, state, and ZIP code Please type or print 2 Check one box: Christian Science practitioner Ordained minister, priest, rabbi 3 Date ordained, licensed, etc. Member of religious order not under a vow of poverty Commissioned or licensed minister (see line 6) (Attach supporting document. See instructions.) 4 Legal name of ordaining, licensing, or commissioning body or religious order Number, street, and room or suite no. Employer identification number City or town, state, and ZIP code 5 Enter the first 2 years after the date shown on line 3 that you had net self-employment earnings of $400 or more, any of which came from services as a minister, priest, rabbi, etc.; member of a religious order; or Christian Science practitioner . . . . . . . . . . . . . . . . . . . . . . ▶ 6 If you apply for the exemption as a licensed or commissioned minister and your denomination also ordains ministers, please indicate how your ecclesiastical powers differ from those of an ordained minister of your denomination. Attach a copy of your denomination’s bylaws relating to the powers of ordained, commissioned, and licensed ministers. 7 I certify that I am conscientiously opposed to, or because of my religious principles I am opposed to, the acceptance (for services I perform as a minister, member of a religious order not under a vow of poverty, or Christian Science practitioner) of any public insurance that makes payments in the event of death, disability, old age, or retirement; or that makes payments toward the cost of, or provides services for, medical care. (Public insurance includes insurance systems established by the Social Security Act.) I certify that as a duly ordained, commissioned, or licensed minister of a church or a member of a religious order not under a vow of poverty, I have informed the ordaining, commissioning, or licensing body of my church or order that I am conscientiously opposed to, or because of religious principles I am opposed to, the acceptance (for services I perform as a minister or as a member of a religious order) of any public insurance that makes payments in the event of death, disability, old age, or retirement; or that makes payments toward the cost of, or provides services for, medical care, including the benefits of any insurance system established by the Social Security Act. I certify that I have never filed Form 2031 to revoke a previous exemption from social security coverage on earnings as a minister, member of a religious order not under a vow of poverty, or Christian Science practitioner. I request to be exempted from paying self-employment tax on my earnings from services as a minister, member of a religious order not under a vow of poverty, or Christian Science practitioner, under section 1402(e) of the Internal Revenue Code. I understand that the exemption, if granted, will apply only to these earnings. Under penalties of perjury, I declare that I have examined this application and to the best of my knowledge and belief, it is true and correct. Signature ▶ Date ▶ Caution: Form 4361 is not proof of the right to an exemption from federal income tax withholding or social security tax, the right to a parsonage allowance exclusion (section 107 of the Internal Revenue Code), assignment by your religious superiors to a particular job, or the exemption or church status of the ordaining, licensing, or commissioning body, or religious order. For Internal Revenue Service Use Approved for exemption from self-employment tax on ministerial earnings Disapproved for exemption from self-employment tax on ministerial earnings By (Director’s signature) (Date) Note. If you are a commissioned or licensed death, disability, old age, or retirement; or that General Instructions minister of a religious denomination or church makes payments for the cost of, or provides Section references are to the Internal Revenue that ordains its ministers, you may be treated in services for, medical care, including any Code unless otherwise noted. the same manner as an ordained minister if you insurance benefits established by the Social Purpose of form.File Form 4361 to apply for an perform substantially all the religious functions Security Act. exemption from self-employment tax if you have within the scope of the tenets and practices of If you are a duly ordained, commissioned, or ministerial earnings (defined later) and are: your religious denomination or church. licensed minister of a church or a member of a • An ordained, commissioned, or licensed This application must be based on your religious order not under a vow of poverty, prior minister of a church; religious or conscientious opposition to the to filing this form you must inform the ordaining, • A member of a religious order who has not acceptance (for services performed as a commissioning, or licensing body of your church taken a vow of poverty; or minister, member of a religious order not under a or order that, on religious or conscientious vow of poverty, or Christian Science practitioner) grounds, you are opposed to the acceptance of • A Christian Science practitioner. of any public insurance that makes payments for public insurance benefits based on ministerial service. For Privacy Act and Paperwork Reduction Act Notice, see page 2 Cat. No. 41586H Form 4361 (Rev. 1-2011) |
Enlarge image | Form 4361 (Rev. 1-2011) Page 2 Ministerial service, in general, is the service societies, and other agencies integral to these available, you can attach a letter signed by an you perform in the exercise of your ministry, in organizations) under the authority of a church or individual authorized to act for the organization the exercise of the duties required by your church denomination. stating that the organization meets both of the religious order, or in the exercise of your If your church assigns or designates you to above requirements. profession as a Christian Science pracitioner. perform services for an organization that is Ministerial earnings are the self-employment neither a religious organization nor an integral Privacy Act and Paperwork Reduction Act earnings that result from such service. See Pub. agency of a religious organization, you are Notice. We ask for the information on this form 517 for details. performing ministerial services even though they to carry out the Internal Revenue laws of the Do not file Form 4361 if: may not involve conducting religious worship or United States. We need this information to • You ever filed Form 2031, Revocation of ministering sacerdotal functions. Your services ensure that you are complying with these laws Exemption From Self-Employment Tax for Use are ordinarily not considered assigned or and to allow us to figure and collect the right by Ministers, Members of Religious Orders, and designated by your church if any of the following amount of tax. Applying for an exemption from Christian Science Practitioners; or is true. self-employment tax is voluntary. However, providing the requested information is mandatory • You belong to a religious order and took a vow • The organization for which you perform the if you apply for the exemption. Our legal right to of poverty. You are automatically exempt from services did not arrange with your church for ask for the information requested on this form is self-employment tax on earnings for services you your services. Internal Revenue Code sections 1402(e), 6001, perform for your church or its agencies. No tax • You perform the same services for the 6011, 6012(a), and 6109 and their regulations. exemption applies to earnings for services you organization as other employees not designated Code section 6109 requires that you provide perform for any other organization. as you were. your social security number on what you file. If Additional information. See Pub. 517, Social • You perform the same services before and you fail to provide all or part of the information Security and Other Information for Members of after the designation. requested on Form 4361, your application may be denied. If you provide false or fraudulent the Clergy and Religious Workers. Nonexempt earnings. Exemption from self- information, you may be subject to penalties. When to file. File Form 4361 by the due date, employment tax does not apply to earnings from including extensions, of your tax return for the services that are not ministerial. You are not required to provide the information requested on a form that is subject to the second tax year in which you had at least $400 Earnings from the following entities are not Paperwork Reduction Act unless the form of net earnings from self-employment, any of exempt even if religious services are conducted displays a valid OMB control number. Books or which came from ministerial services. or sacerdotal functions are ministered: the United records relating to a form or its instructions must Effective date of exemption. An exemption States; a state, territory, or possession of the be retained as long as their contents may from self-employment tax is effective for all tax United States; the District of Columbia; a foreign become material in the administration of any years ending after 1967 in which you have net government; or a subdivision of any of these Internal Revenue law. self-employment earnings of $400 or more if you bodies. For example, chaplains in the U.S. receive any of it from ministerial services. For Armed Forces are considered commissioned Generally, tax returns and return information example, if you had qualified net earnings of officers, not ministers. Similarly, chaplains in are confidential, as stated in section 6103. $400 or more in 2008 and not again until 2010, a state prisons or universities are considered civil However, section 6103 allows or requires the valid Form 4361 filed by April 15, 2011, would servants. Internal Revenue Service to disclose or give the information shown on your tax return to others as apply to 2008 and all later years. See Pub. 517 to Indicating exemption on Form 1040. If the IRS described in the Code. We may disclose this find out if you are entitled to a refund of self- returns your application marked “approved” and information to the Social Security Administration employment tax paid in earlier years. your only self-employment income was from for administration of the exemption, to the Where to file. Mail the original and two copies of ministerial services, enter “Exempt—Form 4361” Department of Justice to enforce civil and this form to: Department of the Treasury, Internal on the self-employment tax line in the Other criminal tax laws, and to cities, states, the Revenue Service Center, Philadelphia, PA Taxes section of Form 1040. If you had other District of Columbia, and U.S. commonwealths 19255-0733. self-employment income, see Schedule SE or possessions to administer their tax laws. We Approval of application. Before your application (Form 1040). may also disclose this information to other can be approved, the IRS must verify that you countries under a tax treaty, to federal and state are aware of the grounds for exemption and that Specific Instructions agencies to enforce federal nontax criminal laws, you want the exemption on that basis. When Line 3. Enter the date you were ordained, and to federal law enforcement and intelligence your completed Form 4361 is received, the IRS commissioned, or licensed as a minister of a agencies to combat terrorism. will mail you a statement that describes the church; became a member of a religious order; Please keep this notice with your records. It grounds for receiving an exemption under or began practice as a Christian Science may help you if we ask you for other information. section 1402(e). You must certify that you have practitioner. Do not file Form 4361 before this If you have any questions about the rules for read the statement and seek exemption on the date. Attach a copy of the certificate (or, if you filing and giving information, please call or visit grounds listed on the statement. The certification did not receive one, a letter from the governing any Internal Revenue Service office. must be made by signing a copy of the body of your church) that establishes your status The average time and expenses required to statement under penalties of perjury and mailing as an ordained, commissioned, or licensed complete and file this form will vary depending it to the IRS not later than 90 days after the date minister; a member of a religious order; or a on individual circumstances. For the estimated the statement was mailed to you. If it is not Christian Science practitioner. averages, see the instructions for your income mailed by that time, your exemption will not be effective until the date the signed copy is Line 4. If you are a minister or belong to a tax return. received by the IRS. religious order, enter the legal name, address, If you have suggestions for making this form If your application is approved, a copy of and employer identification number of the simpler, we would be happy to hear from you. Form 4361 will be returned to you marked denomination that ordained, commissioned, or You can write to the Internal Revenue Service, “approved.” Keep this copy of Form 4361 for licensed you, or the order to which you belong. Tax Products Coordinating Committee, your permanent records. Once the exemption is Get the employer identification number from your SE:W:CAR:MP:T:T:SP, 1111 Constitution approved, you cannot revoke it. church or order. Avenue, NW, IR-6526, Washington, DC 20224. Exempt earnings. Only earnings from You must be able to show that the body that Do not send the form to this address. Instead, ministerial services (ministerial earnings) are ordained, commissioned, or licensed you, or your see Where to file on this page. exempt from self-employment tax. religious order, is exempt from federal income tax under section 501(a) as a religious Conducting religious worship services or organization described in section 501(c)(3). You ministering sacerdotal functions are ministerial must also be able to show that the body is a services whether or not performed for a religious church (or convention or association of churches) organization. described in section 170(b)(1)(A)(i). To assist the Ministerial services also include controlling, IRS in processing your application, you can conducting, and maintaining religious attach a copy of the exemption letter issued to organizations (including religious boards, the organization by the IRS. If that is not |