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Download The Property Handbook - Presbyterian Church of ...

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PAGE ›› 31<br />

THE PROPERTY HANDBOOK<br />

Gifting property<br />

Rather than sell, can we gift the property, or discount its price, to a worthy cause?<br />

Occasionally, congregations prefer not to sell their property, but to have it used in some<br />

worthy manner (or sold at below market rates to a cause which cannot afford the full<br />

value <strong>of</strong> the property).<br />

Yes and No.<br />

SECTION 07<br />

<strong>The</strong> main distinction is the status <strong>of</strong> the congregation concerned. If the congregation<br />

is continuing its ministry in the area, it is appropriate to place such a proposal, after<br />

careful consideration, before the presbytery/UDC. If, however, the parish is closing<br />

down, only the presbytery/UDC can make such decisions.<br />

Is such a proposal the best use <strong>of</strong> the property to fulfil the mission <strong>of</strong> your local,<br />

regional and national church?<br />

<strong>The</strong> wider proposal will also need the specific approval <strong>of</strong> your church courts,<br />

presbytery/UDC and the Trustees.<br />

This can take a lot <strong>of</strong> talking through – so allow plenty <strong>of</strong> time for the process, and<br />

don’t promise the property when you are not the only people who have a say.<br />

Remember that church property is a trust from all the past members <strong>of</strong> your<br />

congregation, going right back to its establishment. <strong>The</strong> assets have been given in the<br />

expectation they will continue to be used for the mission <strong>of</strong> the <strong>Presbyterian</strong> <strong>Church</strong>. It<br />

is important that any gifting fulfils this trust.<br />

In some circumstances, if all the approvals have been given, sales can be arranged at<br />

a discount to the real value <strong>of</strong> the property. This may include the nominal sum <strong>of</strong> $1,<br />

though the tax implications <strong>of</strong> such gifting need to be checked out.<br />

Proceeds from the sale <strong>of</strong> a property may gifted to another congregation. <strong>The</strong> Trustees<br />

Office has details.<br />

Closure <strong>of</strong> a parish<br />

When a congregation is dissolved i.e. the parish closes, it is not the end <strong>of</strong> the<br />

<strong>Presbyterian</strong> <strong>Church</strong>’s mission in that area. Presbytery/UDC will ensure that mission<br />

<strong>of</strong> the church continues, <strong>of</strong>ten by amalgamating the area into one or more <strong>of</strong> the<br />

neighbouring parishes. <strong>The</strong> beneficial ownership <strong>of</strong> the assets <strong>of</strong> the parish will be<br />

transferred to the presbytery/UDC, and responsibility for determining the future <strong>of</strong>

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