HOUSING ALLOWANCE Q & A'S

1. What is the housing allowance, and do I quailfy for it?

When reporting gross income for federal income tax purposes, licensed "ministers of the gospel" can exclude a portion of their income designated by their church or salary paying unit as a "housing allowance" under Section 107 of the Internal Revenue Code (IRC). To qualify for a housing allowance, a WBT member must have been licensed or commissioned by a sending church. All references to "WBT member" in this Q&A apply only to licensed or commissioned members.

To be excludible, amounts designated as a housing allowance must be used to provide housing. In addition, there are limits on the amount that can be excluded. Note that a portion of the income of virtually all wage earners is used to pay for housing. What makes the housing allowance unique is that some of the income used to provide housing can be excluded from gross income for federal income tax purposes.

2. Is the housing allowance a deduction or exclusion from income?

The housing allowance is an exclusion from income, not a deduction. This means it is not reported as part of gross income for federal income tax purposes. (It is never deducted because it is not reported as income in the first place.)

3. What is the impact of the “Clergy Housing Allowance Clarification Act of 2002”?

The Clergy Housing Allowance Clarification Act of 2002 ("Act") prospectively codifies the fair rental value limitation on the amount of a designated housing allowance that can be excluded from gross income for federal income tax purposes. That law amended Section 107 of the IRC to now read:

Sec. 107. Rental value of parsonages
In the case of a minister of the gospel, gross income does not include –

(1) the rental value of a home furnished to him as part of his compensation; or
(2) the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities.

This change is a statutory codification of the IRS's previous position on this issue and therefore, for most WBT members, this is nothing new or different from the way the housing allowance has worked in the past.

The following question explains in more detail the three limitations on the housing allowance exclusion.

4. Can WBT members exclude from gross income for federal income tax purposes the entire cost of owning, renting, and/or furnishing a home?

It depends. The amount that can be excluded is the lesser of:

(a) the amount designated as the housing allowance
(b) the amount of actual housing expenses, or
(c) the fair rental value of the property (furnished, plus utilities).

Example: A WBT member has annual compensation of $45,000, of which $10,000 is designated as a housing allowance. The member owns his own home and the fair rental value of his home is $10,000 per year. The actual expenses of operating his home are $10,000 per year. WBT and the member do not have to report the $10,000 housing allowance as income for federal income tax purposes. (WBT reports $35,000 as salary on the member's Form W-2, box 1.)

Example: A WBT member has annual compensation of $45,000, of which $10,000 is designated as a housing allowance. The member owns her own home and the fair rental value of her home is $10,000 per year. The actual expenses of operating her home are $8,000 per year. WBT and the member do not have to report $8,000 (out of the $10,000 housing allowance) as income for federal income tax purposes. However, the "unused" $2,000 of the housing allowance must be included in the member's gross income. This is because the member cannot exclude more than her actual housing expenses, regardless of the amount WBT designates as a housing allowance or the fair rental value of the home.

Example: A WBT member has annual compensation of $45,000, of which $10,000 is designated as a housing allowance. The member owns his own home and the fair rental value of his home is $12,000 per year. The actual expenses of operating his home are $10,000 per year. WBT and member do not have to report the $10,000 housing allowance for federal income tax purposes. The member cannot claim a housing allowance exclusion for the entire fair rental value of the home because his designated housing allowance and actual housing expenses are less than the fair rental value. He can only exclude from income the lesser of the fair rental value, designated housing allowance, or actual housing expenses, in this case, $10,000.

Example: A WBT member has annual compensation of $45,000, of which $11,000 is designated as a housing allowance. The member purchased her own home and the fair rental value of her home is $10,000 per year. The actual expenses of operating her home in this first year of purchase are $30,000 which includes a $20,000 down payment. The member can exclude a total of $10,000 from income for federal income tax purposes. She cannot claim a housing allowance exclusion for all her actual housing expenses because the exclusion cannot exceed the fair rental value of the home, in this case, $10,000.

Example: A WBT member has annual compensation of $45,000, of which $8,000 is designated as a housing allowance. The member owns his own home and the fair rental value of his home is $10,000 per year. The actual expenses of operating his home are $10,000 per year. WBT and the member do not have to report the $8,000 housing allowance as income for federal income tax purposes. The member cannot claim a housing allowance exclusion for the entire amount of his expenses or for the entire fair rental value of the home, because the exclusion cannot exceed the designated housing allowance, in this case, $8,000.

5. How do you determine the fair rental value of the member’s home?

In general, the fair rental value of the property is a question of facts and circumstances based on the local real estate market. If the member rents his home, the amount of the rent would be presumptive evidence of the fair rental value (assuming the rental agreement was an "arm’s-length" transaction). Other methods of substantiating the fair rental value might include calculations and written documentation drawn from listings with local realtors of similar properties, verification of rent paid for comparable housing in the neighborhood, or a review of newspaper advertisements for rents of similar housing in the community. Perhaps the best substantiation would be a letter estimating the fair rental value of the property written by a realtor who is familiar with your property and other rental property in your community.

6. What is the status of the litigation, Warren v. Commissioner of Internal Revenue, which challenged the fair rental value test and raised issues regarding the constitutionality of Section 107?

After passage of the Clergy Housing Allowance Clarification Act of 2002, the IRS agreed to dismiss its appeal of the case and the federal appeals court subsequently dismissed the case without ruling on any of the substantive issues raised.

7. How should a member and WBT determine the amount of the housing allowance?

Past experience is the best test. If this is a “first time” situation, the Housing Allowance Estimate Worksheet, Attachment C to this document, could be helpful. In addition, this worksheet can assist WBT members in planning for out-of-the-ordinary housing expenditures in the upcoming year.

8. What types of housing related expenses can be included in the housing allowance?

Most reasonable household expenses can be included in the housing allowance, for example: down payment on a home, mortgage payments (including both interest and principal), home equity loan payments (assuming the loan proceeds are used for housing-related expenses), real estate taxes, property insurance, utilities, furnishings and appliances (including repairs), structural repairs, remodeling, yard maintenance and improvements, pest control, snow removal, maintenance items, and trash pickup. Note that the cost of food and servants may not be included in the housing allowance. Also, housing-related expenses can only be included in the housing allowance for the year in which they are incurred. (See the following example.)

Example: In anticipation of needing to put a new roof on his house, a member requests, and the charge conference approves, an additional $3,500 as part of the member’s designated housing allowance for the upcoming year. The member, however, waits until it is too late for the work to begin during that year. In that case, it is possible the member will not be able to exclude this additional $3,500 from his income even though it was included as part of his housing allowance for the year. In short, the member can only exclude expenses in the same year they are incurred. The best the member can do in this situation is to ask WBT to again designate an additional $3,500 as part of his housing allowance for the following year and try to get the work done in that year.

9. What type of housing expense records should WBT members be keeping?

WBT members need to keep careful housing expense records to determine whether any part of the designated housing allowance is unexcludible and hence, must be reported as gross income. Records are also important for estimating a reasonable housing allowance for the next year. Original receipts, invoices, canceled checks, charge card records, etc. are all essential. WBT members may find it helpful to have one charge card dedicated solely to household expenses, to use the “shoe box” method of collecting all receipts in one handy place, and/or to have a dedicated bank account for this purpose. WBT members may also wish to create a contemporaneous log of expenses in the event some of the receipts or back up data are misplaced or difficult to interpret later.

10. What happens if the member doesn’t spend all of the designated housing allowance on housing expenses?

As noted above, the exclusion from gross income cannot exceed the lesser of the designated housing allowance, the actual housing expenses, or the fair rental value of the property. In particular, the exclusion from gross income can never exceed the actual housing expenses. Therefore, any "unused" portion of the designated housing allowance must be included in the member's gross income.
In general, any portion of the designated housing allowance that is not excludible because it is in excess of either the actual housing expenses or the fair rental value of the property, must be included in the member's gross income.

Example: A WBT member has annual compensation of $40,000, of which $12,000 is designated as a housing allowance. The member owns his own home and the fair rental value of his home is $12,000 per year. The actual expenses of operating his home are $10,000 per year. WBT and the member do not have to report $10,000 (out of the $12,000 housing allowance) as income for federal income tax purposes. However, the $2,000 "unused" portion of the housing allowance must be included in the member's gross income.

11. If the designated housing allowance is greater than the amount that can be excluded under Section 107 of the IRC, how does WBT (and the member) report the difference as gross income for federal income tax purposes?

The member, in mid-January, must inform WBT if the actual expenses or fair market value of their residence was lower than their designated housing allowance. The WBT treasurer then reports the unexcludible portion of the housing allowance on the member's Form W-2 (box 1) together with the member’s other salary or compensation.

Example: A WBT member has annual compensation of $45,000, of which $12,000 is designated as a housing allowance. She owns her own home and the fair rental value of the home is $12,000 per year. Under the church determination method, the member informs WBT treasurer in mid-January that she had only $11,500 in housing expenses in the prior year. The treasurer will then include the “excess” $500 in the member’s gross income for the prior year by reporting $33,500 on the member’s Form W-2 (box 1). The member does not separately report this $500 on her Form 1040.

Alternatively, if the discrepency is not reported to WBT prior to the issuing of form W-2, then it is the member’s responsibility to report the difference as "other income" on the member's IRS Form 1040, line 21.

Example: A WBT member has annual compensation of $45,000, of which $12,000 is designated as a housing allowance. He owns his own home and the fair rental value of the home is $12,000 per year. The member had only $11,500 of housing-related expenses in the prior year. WBT reports $33,000 on the member's Form W-2, box 1. The member must report the “excess” $500 as income on his Form 1040.

12. Can the housing allowance resolution be adopted or amended mid-year?

Yes. The housing allowance resolution can be adopted or amended at any time. However, it can only be applied prospectively. That is why it is important for the housing allowance resolution to be adopted by WBT prior to each new calendar year (or prior to the arrival of a new member) and for members to accurately estimate their housing expenses in advance.

Example: A local church waits until June 30 to establish its calendar year housing allowance of $10,000. In that case, at most $5,000 of the $10,000 housing allowance can be excluded from the member’s gross income in that calendar year.

Example: A member realizes in March that she has significantly underestimated her housing expenses for the year. There is still “room” under the fair rental value test to exclude her anticipated housing expenses but she is limited by the amount of her designated housing allowance. Therefore, at her request, WBT adopts a resolution, effective April 1, increasing the member’s housing allowance from $10,000 to $12,400. However, the member may only exclude from gross income 3/4, or $1,800, of the extra $2,400 added to her housing allowance (that is, her maximum excludible housing allowance for the year is $11,800). She cannot exclude 1/4, or $600, of the extra amount because 1/4 of the year (January, February and March) has already passed before the amended housing allowance resolution was adopted by WBT.

13. Is the housing allowance also excluded from earnings subject to social security taxes?

No. The housing allowance exclusion only applies for federal income tax purposes. Like most everyone else, WBT members must pay both federal income taxes and social security taxes. Employees pay social security taxes through the Federal Insurance Contributions Act ("FICA") system and self-employed individuals pay social security taxes through the Self-Employment Contributions Act ("SECA") system. By law, WBT members are considered self-employed for the purposes of paying social security taxes (more commonly referred to as self-employment taxes) and the housing allowance is subject to self-employment taxes.

Example: WBT pays its member annual compensation of $45,000, of which $10,000 is designated as a housing allowance. The member owns her own home and the fair rental value of her home is $10,000 per year. The actual expenses of operating her home are $10,000 per year. WBT and the member report $35,000 as income for federal income tax purposes (the $10,000 housing allowance is not reported). However, the member must report the entire amount of her compensation, $45,000, as gross earnings for self-employment (social security) tax purposes.

14. How is the housing allowance reported for social security purposes?

It is reported by the member on Schedule SE of Form 1040, line 2, together with salary. It is important to note that when WBT completes the annual W-2 Form for WBT members, Box 3 should be left blank (for WBT members only). Box 3 on the W-2 Form is used only to report FICA wages, not SECA wages (WBT member wages are considered SECA wages for purposes of social security). See above and the example W-2 for further information. IRS Publications 517 and 525 are also useful on these points.

15. What is the Deason rule?

It is an interpretation of the Internal Revenue Code followed by the IRS based on a tax case going back to 1964 and reaffirmed by the U.S. Tax Court in a subsequent decision in 1988, and in a tax court decision in 1992 (see Deason v. Commissioner, 41 T.C. 465 (1964); Dalan v. Commissioner, T.C. Memo. 1988-106; and McFarland v. Commissioner, T.C. Memo. 1992-440). The rule applies only to WBT members who are able to take a business expense deduction for unreimbursed business expenses. The rule provides that a WBT member who claims an exclusion from gross income for the housing allowance must reduce their business expense deduction by the percentage of income that is excluded from income tax reporting for the housing allowance.

Example: A WBT member receives a salary of $36,000, plus a housing allowance of $18,000. He has unreimbursed business expenses of $6,000, which, for purposes of this example, are assumed to be deductible. His total “ministry” income is $54,000 ($36,000 plus $18,000 housing allowance). The exempt portion of his income (the $18,000 housing allowance) is 33.33% of the total. Thus, he is only able to deduct 66.66% of the $6,000 in deductible business expenses ($4,000).

16. How does the housing allowance work for WBT member couples?

Each WBT member can claim a housing allowance exclusion (assuming the appropriate steps have been taken with a housing allowance resolution), but the combined total amount of the exclusion may not exceed the fair rental value of their home or the actual expenses, whichever is less. In some circumstances, each of the two WBT member persons may live in separate homes and be provided with separate housing allowances. In these situations, the WBT member couple should have a solid reporting position that the two housing allowances may be excluded from gross income for federal income tax purposes. The reporting position will be more tenable if the WBT member couple has good documentation of the reasons for and professional necessity of maintaining two separate homes, and if the amounts claimed on their face for each home are reasonable.

17. Can WBT members take housing expenses on two homes at the same time?

No. The housing allowance exclusion is limited to one home at a time. (Except possibly for the WBT member couple exception discussed above)

Example: If the WBT member is building or has acquired a retirement home or vacation home, and still lives in the parsonage as his or her main home, then none of the expenses of the second home are includable for housing allowance purposes.

18. Does my housing allowance haven an impact on the amount of contributions made to my 403(b) pension plan?

Yes, there could be an impact since the income designated as a housing allowance is not part of the “includible compensation” for certain contribution limitations established by IRS rules. Therefore, while the new tax law changes generally increase previous limitations, WBT members still need to be mindful of 403(b) contribution rules when part of their salary is designated as housing allowance.