Is a Church required to Incorporate under the Government? According to the Internal Revenue Code, "a church, its integrated auxiliaries, and conventions and associations of the church are excluded from taxation." United States Code, Title 26, § 508(c)(1)(A).
Section 508(c) of the Internal Revenue Code provides that churches are not required to apply for recognition of Section 501(c)(3) status in order to be exempt from federal taxation or to receive tax deductible contributions. Churches are automatically exempt from Federal income tax, and contributions to churches are deductible by donors under section 170.
Elsewhere, the IRS states: "Although a church, its integrated auxiliaries, or a convention of churches is not required to file Form 1023 to be exempt from federal income tax or to receive tax deductible contributions, such an organization may find it advantageous to obtain recognition of exemption (Tax Exempt Status for Your Organization, IRS Publication 557).
Just what "advantage" is there for a church in obtaining 501(c)(3) recognition and thereby exchanging its sovereignty for a subordinate status in relation to the federal government? Most people would answer that such grants the church exemption from taxation. However, we have already seen that the federal government has never been able to tax the Church of Christ; the Church is not exempt from taxation, it is immune. The "advantage" is something else entirely:
"By establishing its exemption, potential contributors are assured by the [Internal Revenue] Service that contributions will be deductible" Tax Exempt Status for Your Organization, IRS Publication 557.
The tragic irony of all this is that, according to the Internal Revenue Code, financial donations to an unregistered, unincorporated church are automatically tax-deductible (26 USC 170-B)! But is this biblical?
"God loveth a cheerful giver." (2 Corinthians 9:7). But the government promises, "Incorporate, and I will return to you up to thirty-five percent of your tithes and offerings!" And the Bridegroom wept. Now Jesus knows that His bride "purposeth in [her] heart . . . grudgingly, or of necessity." (2 Corinthians 9:7). God had no respect towards Cain's offering because he did not give from the heart (Gen.4:3-6).
The IRS, of course, knows very well that it has no constitutional authority over the Church, and that it may not violate the First Amendment protection against government interference with the Church. In fact, the IRS may not violate the constitutionally secured rights of any American Citizen or group of Citizens, and is able to gain jurisdiction only when such is given to it voluntarily. Thus, the IRS holds out the unbiblical "advantage" of 501(c)(3) corporate status as bait to clergy ignorant of the law in hopes that these men will "bite," thereby placing themselves and their congregations firmly on its jurisdictional hook.
Once the bait has been taken, and the catch is reeled in, another church has been transformed into a "legal fiction" subject to the tyrannical control of the federal government. The truth is that "incorporated churches" are not, by definition, churches at all! They are merely "non-profit organizations" (or should I say "non-prophet organizations"). The truth is, any "church" that is incorporated has deposed Jesus Christ from His rightful position as Head over His own Body and has surrendered that Body to the dominion of the State.
The truth is, "incorporated churches" are subject to total governmental control -- whom they may hire, what they may and may not teach and preach, they cannot conflict with "public policy" nor assault the hearer's sense of mental well-being, self esteem, sexual orientation, etc. The IRS prohibits such organizations from "carrying on propaganda, or otherwise attempting to influence legislation" (26 USC 501-C-3). This prohibition extends, not only to the endorsement of a political candidate, but also any other attempts to "influence legislation," including taking a public stand against such government-protected abominations as abortion or homosexuality. Now, the church is discovering that favors from Washington, DC have strings attached. In this case, the string is a rope that is being used to throttle her once-powerful voice, to squeeze out her very life and, eventually, to hang her by the neck until dead!
Should the Bible itself one day be ruled by the government to be "politically incorrect," incorporated churches will find themselves on the horns of a very serious dilemma. After all, in a civil suit, a corporation's defense is limited to the terms specifically enumerated in its charter and articles of incorporation. All other "extrinsic evidence," including the Bible or any historical Christian creeds or standards, will be disallowed in a State court case, because they are "not contained in the body of [the] contract." (Black's Law Dictionary, p. 588). Outside of its own walls, the incorporated church may not stand on the authority of the Scriptures regarding any political or civil issue, because it is bound by the "higher laws" of the State. Consequently, the Christian Church in America, little by little, ceases to be the "salt" and "light" to society that it was commanded to be (Mat.5:13-16). And all this for a simple tax deduction! Because of money! This directly contradicts Jesus' teaching, "make not my Father's house an house of merchandise" (John 2:16).
Operating as a Government Business
There are profit-making businesses and there are non-profit businesses, but a business is a business in the eyes of government. An incorporated church simply cannot deny the fact that it has requested permission of the State to operate as a business. Not only does it have its charter and articles of incorporation on file with the Secretary of State, but it is also required to list a President, Vice-President, Secretary, and Treasurer. None of these offices were instituted by Christ in His Church (Eph.4:11-12), because they exist to control the business dealings of a corporation, not the sacramental duties of the Body of Christ.
Many churches, since 1984, have begun to list the minister and other ecclesiastical leaders as "employees" for Social Security purposes. The IRS exists to regulate revenue which is internal to the federal government. Consequently, in the Internal Revenue Code, an "employee" is specifically defined as follows: "an officer, employee, or elected official of the United States, a State, or any political subdivision thereof" (26 USC 3401-C). By listing the minister as an "employee" who earns "income," the incorporated church is unknowingly identifying him as one who works for the federal government. A free, unincorporated church cannot be held to the standards of a corporation doing "business" as a church. A church congregation is a private assembly of individuals, coming together as a family, to worship their Lord. Biblical worship is not a "public" activity. Jesus Christ, not the State, ordained the assembling together of believers.
Conclusion
It is time for the churches in America to wake up to the fact that they have seriously compromised the headship of Christ by incorporating. The very first sentence of the Bill of Rights states, "Congress shall make no law regarding an establishment of religion." No law means no law. Christian churches do not need to obtain a special "operating license" to avoid taxation; the government simply cannot tax them to begin with! The church is already immune to all taxation.
The Church of Jesus Christ is forbidden by Scripture to merge with the State because the two exist as separate entities. The State is not to claim jurisdiction over the Church, and the Church is not to place herself in such a position. The Church does not need to request of the State permission to exist as a legal entity. Its charter is the Bible, and its article of incorporation are the commandments of God. As Jesus said, "No man can serve two masters" (Matthew 6:24). If this principle applies to an individual, how much more so to his church?
Church members should confront their pastors and elders on these issues. Do not let them simply brush you off with the claim that the subject has "been studied already," or that "we have always done it this way." Challenge them to produce a copy of the IRS statutes which state that a Christian church must incorporate as a 501(c)(3) organization in order to carry out its God-ordained functions. They will not be able to do this, because such a law simply does not exist. You may find yourself unwelcome in your church, but at least you will have the satisfaction of having stood for the truth and for the sole prerogative of Christ to govern His own Church.
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