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The 508(c)(1)(a) Initiative Workshop

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4. <strong>The</strong> First amendment church does work well with a small group, with no intent on<br />

any paid staff, and have no concerns about tithes not being tax deductible.<br />

5. <strong>The</strong> <strong>508</strong> lends itself to a higher level of personal protection regarding liability.<br />

6. <strong>The</strong> <strong>508</strong> may allow for sales tax exemption. NOTE: Not all states will allow a<br />

<strong>508</strong> to be sales tax exempt however. Contact your Dept. of Revenue for<br />

details.<br />

7. <strong>The</strong> <strong>508</strong> will allow for property tax exemption (on the first property). If your church<br />

has a second property or possible support a subordinate “collection” of churches,<br />

filing a 501(c)(3) is also recommended.<br />

NOTE: Not all states will allow a <strong>508</strong> to be property tax exempt. Contact<br />

your Dept. of Revenue for details.<br />

8. <strong>The</strong> First Amendment Church allows for total and complete separation from any<br />

state or federal influence<br />

9. <strong>The</strong> First Amendment Church has no protection against personal liability.<br />

10. <strong>The</strong> <strong>508</strong> makes a legally clean path in case of paid employees.<br />

11. <strong>The</strong> <strong>508</strong> will allow for non church income in some cases, for example, church<br />

related clothing sales, church related bake sales, etc. This is also spelled out in<br />

IRS Publication 1828.<br />

12. <strong>The</strong> <strong>508</strong>(c)(1)(a) establishes the church as a not-for-profit entity, and protects the<br />

church itself from government reporting and taxation. None the less, it does not<br />

protect against the requirement to report income paid to clergy or employees.<br />

Note1: All 50 states allow you to register as a <strong>508</strong>(c)(1)(a) Faith Based<br />

Organization or Church. Here is how it works:<br />

<strong>The</strong>re is no such thing as a separate law to form a <strong>508</strong>(c)(1)(a). A <strong>508</strong>(c)(1)(a) is<br />

actually a 501(c)(3) REGISTERED WITH THE STATE ONLY. You go to their<br />

website, and I assume all allow online filings, and you will go to the link to create<br />

a nonprofit or not-for-profit.<br />

On the Articles of incorporation, you will fill it out exactly as you would a 501(c)(3)<br />

with the organization name. <strong>The</strong>y will ask on the form what your primary<br />

purpose is, simply enter “We are operating as a <strong>508</strong>(c)(1)(a)”. Poof, you<br />

organization is now a <strong>508</strong>(c)(1)(a). Specify this in your charter/bylaws also.<br />

That is it, you do not need to file for any status to the Federal Government. <strong>The</strong><br />

exception is if you have a paid priest or employees, and that was discussed in<br />

detail earlier in this document.<br />

Now you have the right to file for sales tax exemption and possibly property tax<br />

exemption if you decide to own a physical building.<br />

Page 23 of 183

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