Get Form 4361 - Uncle Fed's Tax*board

The answer is “both.” Ministers have what is commonly referred to as “dual tax status.” For federal income tax purposes, a minister is generally treated as a common-law employee. For payments into Social Security, the minister is always self-employed. This is an IRS regulation and not an election.

File Form 4361 to apply for an exemption from self-employment tax if you have ministerial earnings and are: An ordained, commissioned, or licensed minister of a church; A member of a religious order who has not taken a vow of poverty; or. A Christian Science practitioner.

This can be obtained by going to irs.gov and click on “Get a Tax Transcript.” Normally, the transcript is immediately available. If the transcript is not an option, the minister can contact the Taxpayer Relations Branch at the IRS Service Center where the Form 4361 was filed and request a copy of the form.

To request a copy of either the exemption application (including all supporting documents) or the annual information or tax return, submit Form 4506-A, Request for a Copy of Exempt or Political Organization IRS FormPDF or Form 4506-B, Request for a Copy of Exempt Organization IRS Application or LetterPDF.

You must file Form 4361 by the due date of your tax return for the second tax year in which you earned at least $400 of self-employment earnings as a minister. Once you claim the exemption, you cannot revoke the election.

See Pub. 517 to find out if you are entitled to a refund of self- employment tax paid in earlier years. Where to file. Mail the original and two copies of this form to: Department of the Treasury, Internal Revenue Service Center, Philadelphia, PA 19255-0733.

IRS Form 2031 is used to revoke Form 4361 and opt back into Social Security. It is an irrevocable election that makes you liable for self-employment tax and includes your ministerial earnings in Social Security and Medicare coverage.

In order to opt out, the minister must file Form 4361 no later than the due date (with extensions) for the tax return for the second year in which the minister had net ministerial income of $400 or more. The minister must be ordained, licensed, or commissioned by a church or religious denomination.