Carol,
Our homeschool co-op would like a consultation with you. Our group is classified as a church in our state. Some of us feel that this is not the correct classification. While we have a religious purpose, offer a class in worship arts, and have Bible Studies, we are like more homeschool co-ops. We don’t have worship services, clergy or a theology.
Can you help?

I had a wonderful video call with five members of this homeschool group. Indeed they were formed as a church in their state.

We discussed religious purpose and most importantly their state’s definition of “church” (or in this state “ecclesiastical organization”). This homeschool group just didn’t fit the definition of an ecclesiastical erganization!

Their state’s definition of a church or ecclesiastical organization is (my emphasis added in italics):

The term “church” and/or “church organization” used in this act shall be construed to include any church, denominational unit, or church society as the term is commonly used and understood but shall not apply to such organizations as Sunday schools,…Bible classes and similar societies organized by and affiliated with the parent churches.

My recommendation was to dissolve the organization as is and start a new nonprofit corporation with a religious and educational purpose to run the homeschool activities.

The homeschool group followed that advice is pursuing nonprofit incorporation and 501c3 tax exempt status for a new organization.

At the same time, a Classical Conversations Director asked a tax assessor in North Carolina this question:

“Classical Conversations is Christian education. It aligns with the values and beliefs of the host church. Shouldn’t we be covered under the religious rather than nonprofit educational exemption?”

His rely, with my emphasis added in bold for brevity:

NCGS 105-278.3 defines a religious purpose as “one that pertains to practicing, teaching, and setting forth a religion. Although worship is the most common religious purpose, the term encompasses other activities that demonstrate and further the beliefs and objectives of a given church or religious body.” The Roman Catholic Church has long used a system of education as a method for instilling its particular beliefs and practices in the minds of the youth. Many protestant and other religious schools are operated by churches and church organizations in the hope of bringing the youth into conformity with the organization’s beliefs. In the developing world, Sunday Schools often teach literacy and language skills to attract children and their parents while teaching them using heavily theological materials. Thus, it is not a stretch to associate educational curriculum with organized religions and religious practices.

Problematically, CC Communities are not themselves religious organizations, denominations, or churches. NCGS 105-278.3 defines such as “a congregation, parish, mission, or similar local unit of a church or religious body; or a conference, association, presbytery, diocese, district, synod, or similar unit comprising local units of a church or religious body.”

It speaks of furthering the beliefs and objectives of “a given church or religious body” and extends exemption to “a general or promotional office or headquarters” of a group listed above, along with “residences for clergy, rabbis, priests or nuns assigned to or serving a congregation, parish, mission or similar local unit, or a conference, association, presbytery, diocese, district, synod, province or similar unit of a church or religious body.” Great lengths are taken to clearly describe who may benefit from religious exemption.

For a CC Community to benefit from the religious exemption it must prove that it is one of the above categories. Merely being a ministry, a Christian organization, etc. is insufficient, you must be a church body.

Source: Jeremy K. Akins,
Tax Administrator Alamance County
North Carolina

So although Mr Akin’s reply only applies to his county (based on North Carolina laws), it gives us an understanding that frequently the meaning of “church” for tax purposes (or property tax exemption in this case) is defined in the tax code of the states.

In other words, we as citizens, nonprofit leaders, or business owners cannot define what a church is or when our business or nonprofit group should be eligible to be called a church.

Those definitions are already in place. We just need to do our research.

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

Many homeschool leaders are trying make plans for the fall of 2020 amidst the corona pandemic, social distancing requirements and concerns for member’s health and safety.

Recently one leader, Jennifer, shared on a Facebook group for leaders classical education programs called The Garden: Planting and Tending Classical Homeschool Programs what she has communicated at this point (early May 2020) to her member-families.

Jennifer graciously gave me permission to share this. We both hope it is helpful.

What about Covid?

As of right now, we DO plan to begin our school year on time. The board will be closely monitoring all of the happenings with Covid-19 and will make timely decisions as needed.

However, please know that we will not necessarily make decisions in line with local school systems. We will likely be more in line with local churches and of course we will honor the mandates from our local government.

We will strictly enforce our campus sick-policy which is carefully outlined in our handbook. I am confident that all of our families will be so careful to respect each other by being extra diligent in choosing to keep their family home if in doubt regarding the illness.

Everyone will receive an updated handbook at the Parent Orientation.

We want to be wise and we are eager to meet at (group name)!

Obviously, you may make a different decision from what Jennifer’s group decided, so please feel free to edit Jennifer’s email to your voice and your group.

HomeschoolCPA is planning a webinar for Monday June 1, 2020 at 8 pm ET for homeschool leaders to address how to make decisions about your fall 2020 programs.

Registration is now open (it’s free, but you need to register). There are three homeschool leaders who have agreed to be on a panel to explain how they are making their decisions.

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders