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STEWARDSHIP GOD’S WAY Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

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Page 1: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

STEWARDSHIP GOD’S WAY

Copyright 2011©

What the Guidebook Doesn’t Tell You

California law and other important issues that affect your Church

Page 2: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Here is What the IRS Says

• You are a 501 (c)(3) business http://www.t-tlaw.com/lr-04.htm

• Focus of organization's purpose must be to benefit the community or society as a whole, not just the organization's members and their families or other select individuals.

• A 501(c)(3) organization may not devote a substantial part of its activities for lobbying (try to influence) purposes. (section 2A.1)

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 3: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Four Things the IRS Will Come After the Church For

• Nonpayment of employment taxes.• Embezzlement.• Political issues.• Nonpayment of unrelated business income

(UBIT).

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 4: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

California Tax IssuesFederal California

941 (quarterly) and 944 (annually) DE 9 (quarterly) and DE 7 (annual)

W-4 DE 4

1099 DE 542 (independent contractor) w/in20 days

W-2 (Feds will send to state) DE-1NP w/EDD: w/in 15 days after paying wages to an employee

W-9 DE 34 w/EDD: w/in 20 days of new hire or rehire

I-9 not filed with government; kept on file at church

FTB 3500A w/ Franchise Tax Board – one-time filing592-B w/ CA out-of-state speaker: 7% of wages or honorariums paid over $600

STEWARDSHIP GOD’S WAY THE ADDENDUM

See the H

andout!

Page 5: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

California Statement of Information

• Filed every other year.• Must notify them if you move – they do not

forward form.• Church is suspended if you fail to send in form.• Effects of Suspension: Corporation prohibited

from – transacting business – Answering a lawsuit filed against it– Initiating litigation– Protecting and preserving its name

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 6: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

California Statement of Information

• Any contract executed by a CA suspended corp. is voidable at the demand of the other party.

• Any person who attempts to use corporate privileges while suspended is subject to fines and/or imprisonment

• Only exceptions: Name change by amendment to articles of incorporation

• Apply to Franchise Tax Board for tax-exempt status• Suspended corp. must pay taxes and file tax returns even

if no money is earned• STAY UP TO DATE: http://kepler.sos.ca.gov

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 7: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Contributions

• Cash (check, debit card)• Securities• Real estate• Life insurance• Personal property• Charity auction or bargain sales• Gifts are made at the point of “irrevocable

giving over” (Exodus 29)

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 8: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Not Contributions

• Service• Use of property• Gifts made to individuals• Private school tuition

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 9: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Investment Considerations

• Which types of investments are acceptable risk to the church?• Who will administrate the funds – a person or committee?• What percentage of the total funds will be invested in the stock

market?• Can the broker be a member of the church? (I strongly advise that

the broker not be a member of the church because of conflict of interest.)

• What ethical standards will guide the church's investments? Will the church invest in alcohol, tobacco, gambling, pornography or abortion?

• What documents will guide the actions of the investment committee?

• www.yourchurchmatters.com for Policy and Procedures manual.

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 10: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Budgeting Process

• Values, Mission and Vision statements first.• One- two- and three-year goals.• Action plans.• Answer the questions.

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 11: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Budget and Stewardship Promotion

• Budget promotion packets• Tracts• Brochures• Videos• Testimonies• Podcasts• Twitter and Facebook

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 12: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Budget and Stewardship Promotion

• Bible studies (time, tithe, talent, touch)• Personal money management seminars• Will and trust seminars• Investing in insurance seminars

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 13: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Trustees

• Establishing and reviewing procedures for the church's financial management along with the treasurer.

• Represent the church in legal matters.• Serve as legal guardians of all church property.• Give input and financial advice to the stewardship

committee and pastoral team as needed.• Execute bank notes, deeds and other legal

documents after receiving approval from the church body.

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 14: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

Trustees

• Examine quarterly financial statements along with the treasurer.

• Investment policy and oversight.• Fulfill the laws of the State of California while

serving as trustee.• Assist in the awarding of contracts for work that

must be done to improve or repair church buildings or property.

• Written job description gives continuity

STEWARDSHIP GOD’S WAY THE ADDENDUM

Page 15: Copyright 2011© What the Guidebook Doesn’t Tell You California law and other important issues that affect your Church

What questions do you have for me?

559 287-7840 cell 559 256-0858 direct line

[email protected]

STEWARDSHIP GOD’S WAY POLICIES & PROCEDURES

www.csbc.com/financialmatters