OBAMA USING THE IRS TO SQUELCH CHRISTIANITY

Submitted by: Pastor Ron Branson

 

Churches in a Hostile Legislative Culture

By Robert McCurry

Beginning in 1776 America’s churches were immune from government licensure, taxation and control; no zoning laws, building permits or inspections; church owned land and buildings were non-taxable.  

Beginning in the 1960’s some state revenue departments began to ‘test the waters’ and revised policies to increase their revenue coffers by novel schemes to tax churches; taxing anything not directly relating to ‘worship’, such as rooms, furniture, land and parking lots. The schemes failed, but are now being revived in many jurisdictions.

“The power to tax is the power to destroy,” wrote Supreme Court Chief Justice John Marshall back in 1819 for a unanimous Court in McCulloch v. Maryland.  A state may tax anything it likes (or doesn’t like). The taxing power may be employed for regulatory purposes, and not merely to raise revenue. As long as an exaction really functions as a tax, it can be used to accomplish policy ends—to induce, deter, or change conduct. And those ends can include things the government otherwise would lack power to command directly: the power to tax is a freestanding power of government.

Moreover, a tax is a tax, within government’s power to impose, regardless of what government calls it—a “fee” or a “penalty.” Wielded with skill (or perhaps sinister finesse), government’s power to tax is an enormous and fearsome power and subject to few limitations. Government has the power to tax, and thereby to destroy.

Paul Rivera Comments

One of the dearest things to churches is owning their own facilities.  Most churches today start out in a living room, school cafeteria, daycare, or hotel conference room.  As they grow they usually rent a facility, with the hope of one day buying land and building their own facility.  This dream is now under attack by hostile local governments.  Cash strapped, many county governments have begun to look for ways to make churches pay property taxes. Let me give you four local government attempts to tax churches.

The room by room strategy

A church in New Hampshire was taxed by the city of Concord on forty percent of its facilities, claiming that certain rooms such as storage closets, upstairs bathrooms, and other rooms were not used for religious worship and were, therefore, subject to property tax.  When the church disagreed, it had to take its fight to court and the New Hampshire Supreme Court ruled 4-0 in favor of the city.  At the present moment, all churches in New Hampshire are subject to a room-by-room assessment of their property. 

Refusal to comply with public policy

The state of New Jersey revoked the property tax exemption of a Methodist group because they refused to rent their facilities for the purpose of performing a same sex civil union.  I see that in the near future many states and even local governments will pass laws that will put churches at odds with them.  These laws usually require that churches engage in or allow certain activities that are in conflict with their doctrines and sincerely held beliefs.

Building on your facilities

A church in Florida had to pay $40,000.00 in property taxes on the land they purchased.  At the time they purchased it, it was raw land.  They soon began to develop it and built a new sanctuary.  Some time later the county assessed a property tax on the church stating that during the time they were in construction the land was not being used for religious worship and therefore it was subject to the property tax.  More than ever, it is important that you assess the way you are using your church's property to ensure that all of it is being used for the church's religious purposes.

Taxing church attendance

The city of Mission, KS adopted an ordinance that taxed a church based on the number of trips in and out of the church's driveway. The city was desperate for new tax revenues.  So, naturally it went after churches, which are exempt from property tax.  In essence, this ordinance taxes a church based on its attendance.  It was not until a lawsuit that the City decided to exempt churches from this tax.

Staying ahead of the curve

With so much to do and so little time to do it, how is a church supposed to stay ahead of the curve?  Not only is a church supposed to stay compliant with hundreds of laws and regulations, it now has to keep watch for new and wacky laws by local governments trying to raise additional tax revenues.

You never know when

A church in Chicago, IL lost its facilities because it was assessed taxes for "unidentified taxable activities."  The worst part is that the tax bill was mailed to the wrong address.  When the church finally discovered that it had an unpaid tax, the county had already foreclosed on its property.  

Paul Rivera, StartCHURCH, November 4, 2013

Remember. What government can do to one church, it can and eventually will do to every church.

Wake-up, Pastors! Wake-up, Christians!