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June 6, 2019
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My wife is an ordained Lutheran pastor, officially on retired status, but still working. Can we deduct her housing allowance from income received on 1099 Misc forms?

  • June 6, 2019
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My wife has an approved housing allowance of $39,595. In 2018, she withdrew $20,000 from her pension. We used $20,000 of her housing allowance to offset this for Federal income tax reporting. She also received income on two 1099 Misc forms, for a total of $9,600.

Can we use an additional $9,600 of her housing allowance to offset this income for federal tax reporting purposes. If so, how do we do that?

Best answer by Opus 17

No.

First, a retired pastor housing allowance is only excludable from income if it is designated in advance and in writing, and if the retirement funds are paid from a qualified plan that is sponsored by the church or denomination.  (In other words, if she were to roll over her Lutheran pension into an IRA, she loses the housing allowance designation.  If this is already not a pension sponsored by the church, it's never excludable in the first place.)

She can exclude church pension income up to the amount of qualified housing expenses, or up to the amount of the designated allowance, whichever is less.  (Even if she is approved for a housing allowance of $36K, if your qualified expenses were only $10,000, that's all you could exclude.)

Income from other jobs is not eligible for exclusion as a housing allowance, even if those jobs are also pastoral jobs, unless those payers also made a housing allowance designation in advance and in writing.  If the self-employment is not clergy related (leading worship, performing sacraments) then it is never eligible for exclusion as a housing allowance, even though she is ordained.  If the self-employment income is clergy-related (fill-in pastor for other pastors who go on vacation, for example) then it would only be excludable if the payer designated it in advance and in writing.

1 reply

Opus 17Answer
Employee
June 6, 2019

No.

First, a retired pastor housing allowance is only excludable from income if it is designated in advance and in writing, and if the retirement funds are paid from a qualified plan that is sponsored by the church or denomination.  (In other words, if she were to roll over her Lutheran pension into an IRA, she loses the housing allowance designation.  If this is already not a pension sponsored by the church, it's never excludable in the first place.)

She can exclude church pension income up to the amount of qualified housing expenses, or up to the amount of the designated allowance, whichever is less.  (Even if she is approved for a housing allowance of $36K, if your qualified expenses were only $10,000, that's all you could exclude.)

Income from other jobs is not eligible for exclusion as a housing allowance, even if those jobs are also pastoral jobs, unless those payers also made a housing allowance designation in advance and in writing.  If the self-employment is not clergy related (leading worship, performing sacraments) then it is never eligible for exclusion as a housing allowance, even though she is ordained.  If the self-employment income is clergy-related (fill-in pastor for other pastors who go on vacation, for example) then it would only be excludable if the payer designated it in advance and in writing.

Employee
June 6, 2019
Also note, if she is doing side work as a supply pastor and is classified as self-employed instead of an employee, and if the church designates her stipend as a housing allowance in advance and in writing, they should not issue a 1099-MISC at all.  You would be on the honor system to report it as income subject to SE tax in the housing allowance part of the interview. (Use job code 183000 for self-employed clergy work to trigger the housing allowance question.)