Treasury Regulations (26 C.F.R.)
26 CFR § 1.1402(e)-5A
Applications for exemption from self-employment taxes filed after December 31, 1986, by ministers, certain members of religious orders, and Christian Science practitioners.
# (a) In general.
(1) Except as provided in paragraph (a)(2) of this section, this section applies to any individual who is a duly ordained, commissioned, or licensed minister of a church, member of a religious order (other than a member of a religious order who has taken a vow of poverty as a member of such order), or a Christian Science practitioner who files an application after December 31, 1986, for exemption from the tax on self-employment income (see section 1401 and 1.1401-1) with respect to services performed by him or her in his or her capacity as a minister, member, or practitioner pursuant to §§ 1.1402(e)-2A through 1.1402(e)-4A. This section does not apply to applications for exemption under section 1402(e) that are filed before January 1, 1987.
(2) Application of this section to Christian Science practitioners. Paragraph (b) of this section does not apply to Christian Science practitioners. Thus, Christian Science practitioners filing applications for exemption from self-employment taxes under section 1402(e) should follow the procedures set forth in §§ 1.1402(e)-2A through 1.1402(e)-4A, and are not required to include the statement described in paragraph (b)(1)(ii) of this section. However, see paragraph (c) of this section for verification procedures with respect to applications for exemption from self-employment taxes filed after December 31, 1986, by Christian Science practitioners.
# (b)
Church or order must be informed—(1) In general. Any individual, other than a Christian Science practitioner, who files an application for exemption from the tax on self-employment income under section 1402(e) after December 31, 1986:
(i) Shall file such application in accordance with the procedures set forth in §§ 1.1402(e)-2A through 1.1402(e)-4A, and
(ii) Shall include with such application a statement to the effect that the individual making application for exemption has informed the ordaining, commissioning, or licensing body of the church or order that he or she is opposed to the acceptance (for services performed as a minister or member of a religious order not under a vow of poverty) of any public insurance that makes payments in the event of death, disability, old age, or retirement, or that makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act).
(2) Statement to be filed with form. If the form provided by the Service for applying for exemption under 1402(e) does not contain the statement set forth in paragraph (b)(1)(ii) of this section, any individual required to include this statement with his or her application under this paragraph (b) shall file such statement with the individual's application at the time and place prescribed for filing such application under §§ 1.1402(e)-2A and 1.1402(e)-3A. The statement shall contain the information set forth in paragraph (b)(1)(ii) of this section and shall be signed by such individual under penalties of perjury.
# (c)
Verification of application—(1) In general. The Service will approve an application for an exemption filed by an individual to whom this section applies only after verifying that the individual applying for the exemption is aware of the grounds on which the individual may receive an exemption under section 1402(e) (See § 1.1402(e)-2A) and that the individual seeks exemption on such grounds in accordance with the procedures set forth in paragraph (c)(2) of this section.
(2) Verification procedure. Upon receipt of an application for exemption from self-employment taxes under section 1402(e) and this section, the Service will mail to the applicant a statement that describes the grounds on which an individual may receive an exemption under section 1402(e). The individual filing the application shall certify that he or she has read the statement and that he or she seeks exemption from self-employment taxes on the grounds listed in the statement. The certification shall be made by signing a copy of the statement under penalties of perjury and mailing the signed copy to the Service Center from which the statement was issued not later than 90 days after the date on which the statement was mailed to the individual. If the signed copy of the statement is not mailed to the Service Center within 90 days of the date on which the statement was mailed to the individual, that individual's exemption will not be effective until the date that the signed copy of the statement is received at the Service Center.
[T.D. 8136, 52 FR 12162, Apr. 15, 1987. Redesignated and amended by T.D. 8221, 53 FR 33461, Aug. 31, 1988]
Source: view the official text
In this part (40 sections)
- 1.1402(a)-12 · Continental shelf and certain possessions of the United…
- 1.1402(a)-13 · Income from agricultural activity.
- 1.1402(a)-14 · Options available to farmers in computing net earnings…
- 1.1402(a)-15 · Options available to farmers in computing net earnings…
- 1.1402(a)-16 · Exercise of option.
- 1.1402(a)-17 · Retirement payments to retired partners.
- 1.1402(a)-18 · Split-dollar life insurance arrangements.
- 1.1402(b)-1 · Self-employment income.
- 1.1402(c)-1 · Trade or business.
- 1.1402(c)-2 · Public office.
- 1.1402(c)-3 · Employees.
- 1.1402(c)-4 · Individuals under Railroad Retirement System.
- 1.1402(c)-5 · Ministers and members of religious orders.
- 1.1402(c)-6 · Members of certain professions.
- 1.1402(c)-7 · Members of religious groups opposed to insurance.
- 1.1402(d)-1 · Employee and wages.
- 1.1402(e)-1A · Application of regulations under section 1402(e).
- 1.1402(e)-2A · Ministers, members of religious orders and Christian…
- 1.1402(e)-3A · Time limitation for filing application for exemption.
- 1.1402(e)-4A · Period for which exemption is effective.
- 1.1402(e)-5A · Applications for exemption from self-employment taxes…
- 1.1402(e)(1)-1 · Election by ministers, members of religious orders,…
- 1.1402(e)(2)-1 · Time limitation for filing waiver certificate.
- 1.1402(e)(3)-1 · Effective date of waiver certificate.
- 1.1402(e)(4)-1 · Treatment of certain remuneration paid in 1955 and…
- 1.1402(e)(5)-1 · Optional provision for certain certificates filed…
- 1.1402(e)(5)-2 · Optional provisions for certain certificates filed on…
- 1.1402(e)(6)-1 · Certificates filed by fiduciaries or survivors on or…
- 1.1402(f)-1 · Computation of partner's net earnings from…
- 1.1402(g)-1 · Treatment of certain remuneration erroneously reported as…
- 1.1402(h)-1 · Members of certain religious groups opposed to insurance.
- 1.1403-1 · Cross references.
- 1.1411-0 · Table of contents of provisions applicable to section 1411.
- 1.1411-1 · General rules.
- 1.1411-2 · Application to individuals.
- 1.1411-3 · Application to estates and trusts.
- 1.1411-4 · Definition of net investment income.
- 1.1411-5 · Trades or businesses to which tax applies.
- 1.1411-6 · Income on investment of working capital subject to tax.
- 1.1411-7 · Exception for dispositions of interests in partnerships and…