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Following Bad Advice Results in Severe Consequences

5/31/2018

 
I was teaching a Church Management and Tax Conference in West Virginia. One of the Pastors in attendance came to me during the lunch break to inform me of the mess he and his Church was in because of bad advice they had received.
 
As I listened to this Pastor, my heart ached for him because he had called the IRS for the advice, but when he was audited, the advice given him was erroneous. What further irritated him was that the IRS would not accept responsibility for their advice. He then informed me that he was thinking of getting an attorney to sue them, only to be heart-broken when I informed him that case law protected the IRS from civil suit in these matters.


Intentionally or not, the IRS Can Legally Lie

The case law was set in the case of David Michael Maser v. Commissioner. Maser had contacted the IRS to make sure he was doing everything “by the book.” Later, when an audit revealed several IRS violations, he sued. In the above case, the Court Judge determined that the IRS could not be held liable for any erroneous information the IRS or its agents provided. The Judge basically stated that what the IRS or its agents tell anyone is irrelevant and the only thing that matters is what is written in the law.
 
According to this case law, the IRS is allowed to lie (intentionally or unintentionally), to those seeking tax advice. If you follow their advice, and it is wrong, you will be held accountable and possibly assessed, penalties, interest, or even prison. If you lie to a federal agency, you can be prosecuted. If they lie to you—tough.
 
Many IRS agents do not know the answers to simple tax questions, and definitely are not properly versed in matters pertaining to non-profit tax law. Over the years we have had several of them to attend our classes to learn what is written in the code. Experience has taught me that when an agent attends one of our classes, he or she is beginning an audit of a Church or other non-profit.
 
This is why no one should ever attempt to navigate the troubled waters of the IRS without the assistance of competent representation. This is where Chitwood & Chitwood is the best!


How We can Help

No one knows Church and Clergy Tax Law better than Chitwood & Chitwood. For 80 years, our expert staff has helped thousands of Churches and Pastors avoid onslaughts from the IRS.
 
The multiplied thousands of Churches, Ministries, and Clergy we represent, know that Chitwood & Chitwood ensures the best quality service offered in the USA. When we handled their affairs, the Pastor and Church Leaders can rest easy every day, knowing that we keep them legal.
 
I encourage every Pastor, Pastor’s Spouse, and all Church Leaders, to attend an upcoming Church Management and Tax Conference NOW! You will learn what others will not or cannot tell you—you will learn how to get your Church and Ministry compliant so as to avoid any trouble with the IRS. Another reason you want to get your Church books compliant is because God Cannot Bless a Mess!
 
No one can afford to miss a conference this year. Pastors, do not only send your Board. Board, do not only send your Pastor. The complete Board, Pastor, and all those involved in any Church decision making process should attend.
 
To register, visit us at www.cmtc.org or call 800-344-0076. You will be glad you did.
 
Remember, for us it is “A Ministry—Not A Job!”
​

By Dr. Michael Chitwood
​

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Illegal Love Offerings May Send Your Pastor to Prison

5/28/2018

 
Pastors and ministers of religious institutions have come under increased scrutiny that relates to cash practices, and the proper accounting and reporting required for each.
 
He was the Pastor of a good Church in the mid-Atlantic region. The Church paid its obligations promptly each month. To look at it from the outside looking in everything seemed fine. The un-manifested problem however was the Pastor. He felt as if the Church was not properly supporting him (though it was, based on the size and income of the ministry).
 
Pastor Hixson decided the best way to supplement his income was to receive “Love Offerings” each week that would be earmarked as such. This Pastor began to remove the cash from the offerings. If any individual wrote a check for that “Love Offering” the Pastor would simply remove that amount of cash from the collection thereby leaving the check to be deposited to the Church’s account.
 
One of the Elders approached the Pastor in love and expressed his concern for the actions of the man of God. The Pastor defensively replied, “I bring it in, I should be able to take it out.” Whether or not someone blew the whistle, or it was the result of other issues, the IRS began their audit.
 
When the IRS showed up and indicted him on 5 counts, one of which was illegal love offerings, the Judge and jury would not accept the Pastor’s arguments. The Pastor discovered himself in a “prison ministry” of which he had no desire or anointing to fulfill. He went to prison!


​Legal versus Illegal

Every Pastor I know is elated when they receive the proverbial “Pentecostal Handshake,” i.e. money placed into their hands. Often these warriors of the Gospel received different types of cash as part of their operations and activities. These cash payments could consist of contributions, “love gifts,” honorariums, cash donations or donations of items or property. It is vital for ministers to understand the terms and what such payment may represent under IRS regulations.

For something to be a true “gift” and considered a nontaxable event, it must meet several criteria that was outlined under the original Duberstein case. That with which God desires to bless you, may curse you if not transacted properly. What you do not know can hurt you!  

Not all “Love Offerings” are taxable, but many of them are. It is when the Pastor, minister, or Church does not know the difference that it creates conflict that may lead to penalties or possible imprisonment. Just because a “Love Offering” is made as a charitable contribution to a church or tax-exempt religious ministries does not constitute it as a tax free gift to ministers or Pastors.

When “Love Offerings” are formulated properly they can be tax exempt. Herein lies the problem – most Churches, Pastors, and ministers do not know the difference between demarcation lines of legal or non-legal.


What Does God Say?

God wants to bless His people, especially those serving in front-line ministry. 1 Timothy 5:17-18 declares, “Let the elders that rule well be counted worthy of double honor, especially they who labor in the word and doctrine. For the Scripture says, ‘Thou shall not muzzle the ox that treads out the corn. And, the laborer is worthy of his reward.’”

Since God desires for ministers and Pastors to be financially blessed, to whom does the responsibility lie to see that they are blessed? Galatians 6:6 answers this question. “Let him that is taught in the word communicate [become a partner] unto him that teaches in all good things.” It is the responsibility of anyone, taught by the man and woman of God, to bless those in ministry.

However, there is command that is from the mouth of our Lord that we must heed. Jesus declared in Matthew 22:21b that we are to “. . . Render [give] unto Caesar [the government] those things which are Caesar’s [the government].”

God desires that ministers and Pastors be financially blessed by others, but we must do it the right way (Rom. 13:1-2; Heb. 13:7).


The Last Word

As the ultimate organization in our field, Chitwood & Chitwood’s 80 years of experience of has placed us at the highest echelon in protecting Churches, Pastors, and ministers. We are number ONE in our field. 

Anyone who has begun a new Church or considering forming a new Church, solve your compliance issues at the outset by starting Church right. It is easier to end right if you start right. 

This is why every Pastor, Pastor’s Spouse, and Church Leader should attend the next Church Management Conference where you can gain access to the valuable knowledge as to which “Love Offerings” are legal and which are not. We will show you the proper methods for establishing “Love Offerings” inside and outside of the Church setting. Legal blessings are always better than those that are not! As the best in America we have only your best interest at heart. To register for the next conference please call 800-344-0076 or visit us online at www.cmtc.org. 

Every moment you delay places you in jeopardy of penalties and maybe criminality. Go to www.cmtc.org and register for a Clergy Tax and Law Conference near you. 

YOU CAN BE AT REST WHEN YOU LEARN FROM THE BEST!
​

By Dr. Michael Chitwood
​

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Why Pastors and All Church Leaders Should Attend the Next Church Management Conference

5/24/2018

 
The Church environment is becoming increasingly more hostile with every passing day. The IRS begins investigations into Pastors and Churches, Churches are served with notices of law suits (often from members), and Pastors are some of the most depressed and burned out of any profession in the nation.

The IRS begins looking into Church Financial records because some member became disgruntled and reported the Church and Pastor or the Pastor was audited to discover that he or she owed thousands in taxes and penalties because of improper reporting by the Church Treasurer.

Thousands of Churches monthly are engaged in legal action, usually initiated by disgruntled Church members. With little cash on hand, the Church is forced to make difficult decisions as to how to defend themselves against the suit, while many are forced to close and sell assets to afford the legal challenge.

If all of this is not enough, Pastors must walk the fine line between obeying God’s call and their vision for ministry and the insufficient tithes and offerings given every Sunday. That coupled with the fact a Pastor is on call 24/7 and often is not able to enjoy a quiet dinner with family because someone calls with a crisis that demands the Pastor’s immediate presence.

These are just a few of the driving factors that motivate Chitwood & Chitwood to do what we do. Observe the reasons listed below as to why the Pastor, Pastor’s spouse, and all Church Leaders should attend the next conference.


The Most Respected Voice in Church Management
​

With 80 years of experience, Chitwood & Chitwood and our Church Management Group, know all there is to know about Church Management and Compliance. The thousands of Churches we represent and have salvaged over the years is a proven track record that we are number one in the industry.

Dr. Chitwood is the ultimate Church Compliance and Management expert in the nation. His knowledge of IRS compliance issues and how a Church should protect themselves from those issues is why Churches, large and small, call us when there is a problem. Although many wait until it is too late, we still do everything in our power to fix any issues and rescue them from possible fines and penalties.

As the Ultimate Authority on compliance issues, Dr Chitwood and his team are the most respected in the Nation, but he is also a Pastor’s Pastor who knows the struggles that Pastors face each and every day of their ministry. Our one day seminar provides the attendees with more compliance and Church Management training and resources than anyone in the USA. That is why one million attendees, nationwide, have attended our conferences.


Legal Expertise

Every attendee leaves the conference with a wealth of knowledge never presented in other conferences. They understand the issues of concern and what they need to do to correct them. After attending this one day seminar Pastors are equipped with knowledge and resources made available so that they can do what they are called to do—win the lost and minister to the hurting.

Some on Dr Chitwood’s team are Pastors and Bishops, some who have been in pulpit ministry for as much as 50 years. We know how the Pastor needs to be equipped to remove unnecessary stress from the demands of ministry.

Pastors who have attended the conferences have declared that for the first time in their ministry, they felt as if they could “sleep at night” without the worry of Church financial issues raising its ugly head.


We Know What Works

With 80 years of experience and representing thousands of Pastors and Churches we have gleaned knowledge that others do not know. We know what will keep the Church financially and legally compliant; we know how to lighten the load from the shoulders of Ministers and Pastors so they can fulfill their God-given Calling with joy; We know what those seeking harm to a Church prey upon and we know how to be proactive instead of reactive.

​Some of the biggest names in Church circles use our services, and yet, at the same time Churches with only a few members have trusted us for years.


Do Not Procrastinate
​

As with any area of concern there are wolves in sheep’s clothing ready to pounce on unsuspecting Pastors and Churches, making them think everything is up to par with their financial and legal issues. Unfortunately, many who fall for the smoke and mirrors are often damaged beyond repair—some losing their facilities, while others lose their freedom.

It is imperative that every Pastor, Pastor’s Spouse, and Church Leader attend the next Church Management Conference. There are new issues that have come to the surface that every Church and Church Leader must be aware of and we want you equipped to handle, survive, and be victorious over every onslaught that attacks your Church and Ministry. To register for the next conference please call 800-344-0076 or visit us online at www.cmtc.org. This will without a doubt be the most important investment you can make for you, your Church, and your Ministry.

We look forward to meeting you at our next event. Remember, for Chitwood & Chitwood, this is Our Ministry—Not a Job!
​

By Dr. Michael Chitwood
​

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When Money Becomes a Problem

5/21/2018

 
I am sure there are some, but I do not know of any Pastor that is in ministry for any reason, other than he or she was called by God. Most of us do what we do to further the Kingdom of God on this earth. We preach to see people accept Christ and see lives changed. But, most never stop and consider the financial responsibilities that are connected to ministry.

A Pastor in a recent Church Management Tax Conference spoke to me of the financial problems his Church was facing. His largest donors left his ministry because they felt as if he was focusing too much on the gifts of the Spirit, rather than following a pre-set time schedule for praise and worship, a 20 minute sermon, a brief altar call, and service dismissal.

This Pastor began several outreach ministries solely on the additional income these families had afforded the Church. Now, not only are the new ministries in jeopardy, but the Pastor is faced with this dilemma:  Close the Church, or become bi-vocational and keep pastoring without a salary, and ceasing all outreach ministry.


The Fallacy of Church Growth Seminars

Many Pastors attend, at least one, if not several, Church Growth Seminars in the course of their ministry. Most of them leave excited, only to face frustration in the following days or weeks.

Every Church will not be a mega Church. The average Church in the USA is 70 people or less. With a few exceptions, most Pastors will never get more than 70 – 100 people in their congregations. Yet, they mistakenly operate out of emotion that is generated at the Church Growth Conference they attend.

(Most of those teaching these conferences cannot remember the last time their Church was less than 100. They should have been teaching during their growing process–not after they became a mega Church.)

The excited Pastor leaves the conference with hopes of implementing everything he or she has heard. When they discover the amount of money needed to do what the mega Church Pastor has done, they get frustrated with their Church, their members, their cities, etc. When the money does not materialize, their frustration turns to anger and then desperation. In their desperation they mistakenly think if they do the program on borrowed money it will increase attendance which will in turn generate income. That is flawed thinking. They usually do not get more members–they get more debt. 

If it is God, he will provide the money before we start it. If the money doesn’t proceed it, don’t do it. If the money doesn’t come for what we feel God has told us to do, the onus is on God, not us.


No Money, No Ministry
​

Contrary to the belief of some, ministry does not happen without money. The wisest man, other than Christ, to walk this earth stated that money answers all things (Ecc. 10:19). God will show us where it is and how to get it, but He is not going to drop money from the sky to support what Pastors feel He has told them to do. Even Jesus had to send Peter fishing to get money to pay their taxes.

Many mistakenly think when they hear from God that it means they are to quickly act–money or no money. That is not how God expects us to operate. Jesus instructed that we are to count the cost before engaging in the project (Lk. 14:28).

Neither Jesus, nor the disciples took out loans to fund ministry. Why do we think we should? Just because we think God told us to do it, does not mean that it is to be done now, or that we alone are to do it. Noah worked on the Ark for about 120 years. Joseph suffered tremendous persecution for more than 13 years, before what God told him actually manifested.

Don’t do it without the money in hand (pledges and vows do not count as cash in hand).

Unfortunately, many will do it anyway. Then, they begin to let their books get out of order or adhere to bookkeeping practices that are not pleasing to God and not legal with the Government.


Why You Need Us
​

​Chitwood & Chitwood has been guiding Pastors and Churches for more than 78 years. Not only does our experienced staff keep Churches compliant with the IRS, we also know how to bring in finances to do ministry. But, God does not bless a mess. Before He will send finances your way, you must first be a good steward of what you already have.

At our Church Management and Tax Conferences we instruct the attendees as to how to get their books in order, and we provide some practical education on where to get the money for ministry. You owe it to yourself to avoid the frustration, anger, and depression that accompany insufficient Church finances. Visit us at www.cmtc.org or call 800-344-0076 to register for a conference nearest you.

For us this is “A Ministry – Not A Job!”
​

By Dr. Michael Chitwood
​

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Designated Donation Creates Havoc for the Church

5/17/2018

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Pastor Johnson was elated when those counting the tithes and offerings brought him the news that someone had donated $50,000 to the Church that Sunday. An attendee wrote a check to the Church, but specifically instructed that the donation was to be used to establish a Senior Citizens’ ministry in the Church. With the money in hand the Pastor thought it may be a great idea to pursue it even though there were no senior citizens who regularly attended.


Generous Gift Causes Trouble for the Church
​

One problem that would later surface was the fact the gift to the Church had strings attached and therefore was not considered by the IRS as an acceptable tax deductible contribution. Another problem was the designation.

Pastor Johnson’s Church in Illinois did not have a Senior citizen ministry because he had no Seniors. The money sat in the bank waiting for the Church to find the right person to spearhead that to which the money had been designated. In the meantime the Church suffered a setback that needed to be addressed immediately.

This Church was about to have their church condemned because the parking lot was not up to local building codes. In order to keep the church from being closed they would need to immediately resurface the parking lot, but had no money to do so. During the Board Meeting one of the Deacons suggested that they use the $50,000 that had been designated for Seniors’ ministry and pay it back over a six month period. Everyone agreed this was the quickest and best solution to their dilemma.


Family Files Suit Against the Church
​

Pastor Johnson’s Church did not have a disclaimer on the giving envelopes that would make any donors aware that the Church, with an approval by the Board, could redirect all funds to the area of ministry most needed. When the family of the donor (now deceased) discovered what the Church had done, they sued the Church. The Church lost the lawsuit and had to obtain a high interest loan to reimburse the family for misusing the donor’s designated gift.

When the information hit the news networks it triggered an IRS investigation of the woman’s donation. She had given it with strings attached but the Church had provided her paperwork to deduct the gift as a tax deduction. The Church not only had to repay the woman’s family, but had to pay penalties to the IRS for providing tax-deduction credit for a non-allowable donation.


Donations May Be Designated when Proper Protocol is Followed

Many Churches list different departments on a giving envelope so the donors can see the areas in need of funding, in hopes the donors will give to support the different ministries offered by the Church. There is nothing wrong with those donations when they are given to an area in which the Church is seeking contributions.

However, Church accounting departments and donors should be aware of certain pitfalls that may be encountered because of these types of donations.

When donating to an area where the Church is seeking donations, those donations would be tax deductible. But, when donations are designated for other areas, the donation then has strings attached and is not deductible.

If donations are designated they must meet four requirements to be tax deductible.

 - The Gift must be at arm’s length distance
 - The Gift must not have strings attached
 - The Gift must be corporate in nature
 - There must be a lack of influence connected to it

Designated gifts must also be used in the area for which it was designated unless there is a disclaimer on the envelope. If there is a disclaimer the Church may redirect the funds to the area of ministry most needed, with the exception of money designated to Building Fund. Monies designated to purchase or construct a building must be used for that purpose.


Why You Need to Attend the Next Conference

This is why you and your Church need us NOW!!! Church Management and Tax Conferences are conducted monthly across this nation by Chitwood & Chitwood. With 80 years of experience we are the ultimate Church Management Group in the USA.

At our conferences we go into great detail concerning the situations mentioned above in addition to many other requirements necessary for a Church or non profit to be in legal compliance.

It would behoove every Pastor, Pastor’s spouse, and every Church Leader to attend the next Conference. To register, please call 800-344-0076 or visit us online at www.cmtc.org. This will probably be the best investment you and your Church make this year.
​

By Dr. Michael Chitwood
​

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Church Members Sue Their Pastor and Church

5/3/2018

 
Disgruntled members of the Southern Acres Christian Church in Lexington, KY sued their Pastor and First Lady because they felt that he was concentrating too much financial power to himself, his wife, and one other Board Member. The situation became so divisive that the Police Department had to be called to the Church during a Sunday morning service.

In Georgia a Church Member has sued because she believes the way the Pastor prayed for her resulted in a brain injury. She stated that when the Pastor was invoking blessings on people at the altar, he forcibly placed his hand on her head, causing her to fall, hit her head and lose consciousness.

In New Jersey the Pastor removed three members from the choir because they were caught smoking (which is contrary to the beliefs of the Church). The three choir members sued the Church and Pastor to be reinstated. Fortunately, in this incident the Church was victorious.

In Gibson County TN a Church Member sued his Church because they voted to change their name. The Church Member, an attorney, in his suit declared the vote to be illegal and void, and filed a lawsuit demanding a new vote.

In Pontiac MI a former Board Member and his wife sued the Church demanding they return his and his wife’s contribution. The Board Member and his spouse made the contribution as a designated offering. According to the Church bylaws all designated offerings must be used for that which they were designated.


More On the Horizon
​

These are just a small amount of lawsuits targeting Churches. According to one report the American Bar Association conducted a symposium in 1992 with its lead agenda as “How to Sue Churches.”
As of this date about 1000 Churches per month are targeted in tortious acts—most of these are from Church members or former members. Based upon these numbers it is no longer a question of, “Will my Church be sued. . .but when?”

​
How to Minimize Your Church’s Exposure to Lawsuits
​

There are several policies a Church can implement to limit its exposure to tortious acts. Time and space will not permit me to cover all of them, but here are a few:

 - Adopt extensive legal and spiritual bylaws and clear operating procedures

These bylaws and policies should dictate everything the Church believes and how its day-to-day operations are carried out. In the event of a lawsuit the courts will likely refer to the Church’s bylaws for guidelines as to how the suit should be settled.

 - Obey Copyright Laws

Unfortunately, Churches and Church members are infamous for illegally using copyrighted material.

 - Obtain Background Reports on those in Leadership positions

This is especially true for anyone who works with the youth in a Church environment.

These are just a few. There are several more that Churches and Church Leaders should immediately install and apply to their Church community.


Why You Need Us​

Chitwood & Chitwood has 80 years of experience in protecting Churches in matters of Church Management and Oversight. Churches that follow our guidance, even if they were included in a lawsuit, have been victorious in the outcome.

This and other vital topics are covered in our one-day seminars across the nation. We not only teach a great deal of what a Church should do to protect its assets and its membership, but we also make available information that will empower the Church to continue with its due diligence.

An ounce of prevention is worth a pound of cure. It is much better for the Church and its Leadership to be proactive in any matters that could create legal hurdles. This is why every Pastor, Pastor’s Spouse, and Church Board Member should attend the next Church Management Conference. To register visit our website at www.cmtc.org or call 800-344-0076.

Do not wait until a Process Server has served you with a notice of a lawsuit against you.


ACT NOW!

By Dr. Michael Chitwood

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Just Because It Feels Right Doesn’t Mean It’s Legal

5/1/2018

 
In the complex world of Church ministry, many Pastors think they are doing a noble deed, when in reality they may be breaking the law. Since the Church is a non-profit entity and therefore exempt from taxes on its Tithes and Offerings, the IRS has page after page of regulations and directives that explicitly instruct how those non-taxable monies may be used and/or distributed.


​Paying Money from the Offering

The Pastor wanted to show the stand-in musician his appreciation, so before the musician left the Church that morning, the Pastor reached into the Tithes and Offerings, removed $100.00 and gave it to the musician.

The Church van driver explained to the Pastor at the conclusion of the service that he had several people he needed to take home in the Church van, but the van did not have enough gas to make the trip. The Pastor reached into the Tithes and Offerings, handed the driver $20.00 and told him to bring the receipt back for audit trail purposes.

In both instances, the act may have been noble, but it was not legal. Cash cannot be paid from any offering.


Another Dilemma

The Head Trustee had notice that the Pastor had experienced more than his share of setbacks in the past few weeks. The family had an excessive amount of doctor visits, and the car broke down.

The Trustee approached the Church Treasurer and told him the Board wanted to help the Pastor and the Treasurer was to write a check to pay the Pastor’s mortgage payment for that month and make it payable to the Mortgage Company.

What a noble, expression of love to their Pastor. Unfortunately, it was illegal.

Just because an act is decent, kind, noble, or countless other adjectives we choose to use, does not make the transaction legal.


The Proper Way

In the first scenario, the musician should have been asked to complete some IRS documentation and a check should have been written to him as taxable income. With the van, a check should have been written to the gas station where the gas would be purchased, the Church credit card should have been used, or the driver could have purchased the gas with his own money and with a proper receipt he could have been reimbursed with a Church check.

For the Trustee and Pastor dilemma, a love offering could have been received and included in the Pastor’s W-2 at the end of the year.

For those dealing with love offerings for the Pastor, please make sure that those offerings are reported and do not push the total Church payroll beyond 32.6% of the total Church income for any given year.


What Difference Does It Make?
​

In all of the above mentioned scenarios, the Board was in agreement with the action taken. However, just because it feels right—just because the Board voted for it, doesn’t mean it is legal.

All Church officials should understand that people are watching their actions. The Church Treasurer or anyone who may have witnessed the above actions could have easily turned the Pastor, Trustee, and Church into the IRS and would probably have received a reward for their actions.

Many Church members do not really love the Pastor or the Trustees – they tolerate them. If they see something which seems inappropriate or they know violates laws, they will report it. Thousands have been reported by Church members throughout the years.

I was teaching a Church and Clergy Tax Conference in Texas and a lady at the front table laughed the whole morning. At break I asked her what it was in my presentation that she thought was funny? Her reply was that she was laughing because she had just reported her Pastor and Board Members to the IRS for the very things of which I was warning the class.

The days of Church members blindly following or trusting a Pastor or Board are gone. We should go to great lengths to ensure proper accountability when dealing with God’s money.


​In Conclusion

For 80 years, Chitwood & Chitwood has been helping Pastors, Churches, and Church Boards maintain integrity in their bookkeeping practices. At 150 Church and Clergy Tax Conferences across the USA each year, we go in depth to warn those in attendance of the IRS compliance issues which Churches face daily.


It would benefit every Pastor and Church Leader to attend the conference nearest you. Do not attend alone – bring the whole Board including the Pastor. Contact us at 800-344-0076, or www.cmtc.org to register.


Do not allow what you consider noble to be your ticket to prison. Learn the law and obey it. We are here to help.


For us this “Is a Ministry – Not A Job!”
​

​By Dr. Michael Chitwood
​

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