- Home
- Books and Journals
- Colorado Bar Association
- Guide for Colorado Nonprofit Organizations (CBA)
- Chapter 25 Accommodations For Religious Organizations
Chapter 25 - § 25.2 • GENERAL RELIGIOUS TAX EXEMPTIONS
Jurisdiction | Colorado |
Both federal law and Colorado state law accommodate religious organizations by exempting them from certain taxes applicable to many other organizations. Although some of these tax exemptions are also generally available for charitable and educational organizations, the test used to determine whether an organization has a qualifying religious purpose differs in important respects from the tests used to determine whether an organization has a charitable or educational purpose. The U.S. Supreme Court has held that tax exemptions for religious organizations do not violate the Establishment Clause of the First Amendment if they accommodate religious exercise or are part of broader tax exemptions available to charities generally. Walz v. Tax Comm'r, 397 U.S. 664 (1970).
§ 25.2.1—Income Tax
A religious organization qualifies for exemption from federal and Colorado income tax if, among other things, it is organized and operated exclusively for "religious" purposes. See I.R.C. § 501(c)(3); C.R.S. § 39-22-112(1). Domestic religious organizations that qualify under Internal Revenue Code (I.R.C.) § 501(c)(3) may also receive tax-deductible charitable contributions under I.R.C. § 170(c). I.R.C. § 501(c)(3) organizations are, however, subject to federal and state tax on income derived from any unrelated trade or business activity. See I.R.C. § 511; C.R.S. § 39-22-112(2).
There is little guidance addressing whether the purposes of an organization qualify as "religious." Neither the I.R.C. nor the Treasury Regulations define "religion," "religious," "religious organization," or "religious purposes." In difficult situations, courts have generally held either that the religious assertions of the taxpayer were not bona fide or that the organization did not qualify for nonreligious reasons. See Riker v. Comm'r, 244 F.2d 220 (9th Cir. 1957); Alexander v. Americans United, Inc., 416 U.S. 752 (1974); First Libertarian Church v. Comm'r, 74 T.C. 396 (1980).
For example, a self-identified church called the Southern Church of Universal Brotherhood Assembled (SCUBA), which held religious services on a yacht, failed to qualify as a religious organization because the vast majority of its budget was expended for the benefit of its minister. See Southern Church of Universal Bhd. Assembled, Inc. v. Comm'r, 74 T.C. 1223 (1980). Also, personal or house churches have been classified as tax shelters where the facts indicated that the organization...
To continue reading
Request your trial- Guide for Colorado Nonprofit Organizations (CBA)
- Chapter 25 Accommodations For Religious Organizations
- Chapter 25 - CHAPTER 25 ACCOMMODATIONS FOR RELIGIOUS ORGANIZATIONS
- Chapter 25 - § 25.1 • INTRODUCTION
- Chapter 25 - § 25.2 • GENERAL RELIGIOUS TAX EXEMPTIONS
- Chapter 25 - § 25.3 • TARGETED TAX EXEMPTIONS FOR CHURCHES, RELIGIOUS ORDERS, AND MINISTERS
- Chapter 25 - § 25.4 • STATUTORY EMPLOYMENT EXEMPTIONS
- Chapter 25 - § 25.5 • OTHER RELIGIOUS ACCOMMODATIONS
- Chapter 25 - § 25.6 • PLANNING FOR RELIGIOUS ACCOMMODATIONS
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.