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Level 3
December 7, 2019
Solved

Does Clergy Income (reported on a W2 where the Clergy must pay self-employment tax) qualify for the QBI deduction? The clergy works at a church.

  • December 7, 2019
  • 3 replies
  • 15 views
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Best answer by itonewbie

Many a time, clergy and ministers are common law employees of religious organizations to which they belong, as determined by various factors used by the IRS and the courts.  That's also why these individuals are issued W-2's, notwithstanding side gigs they may have in some other capacities and the fact that §1402 has a special provision just for the purpose of SE-tax.

On that basis, compensation reported on W-2 is income received for the trade and business of being an employee and should not be eligible for QBI.

3 replies

itonewbie
itonewbieAnswer
Level 15
December 7, 2019

Many a time, clergy and ministers are common law employees of religious organizations to which they belong, as determined by various factors used by the IRS and the courts.  That's also why these individuals are issued W-2's, notwithstanding side gigs they may have in some other capacities and the fact that §1402 has a special provision just for the purpose of SE-tax.

On that basis, compensation reported on W-2 is income received for the trade and business of being an employee and should not be eligible for QBI.

---------------------------------------------------------------------------------Still an AllStar
Level 7
December 7, 2019

Are you a paid pro?  What does your continuing ed say about w-2 employee and QBI?

Skylane
Intuit Community Champion
December 7, 2019

@Mt Juliet CPA  

Eddie, you have any insights? 

If at first you don’t succeed…..find a workaround
Skylane
Intuit Community Champion
December 7, 2019
@Marc.TaxMan    Based on his question I'd say he was paid.........  what does your continuing education say about statutory employees and/or clergy?
If at first you don’t succeed…..find a workaround