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In section 508 of IRS code it states Special
rules with respect to
Section 501(c) (3) organizations and
like organizations: (a) New
organizations must
notify the Secretary that they are applying for
recognition of 501(c) status……EXCEPT…as
provided in subsection
(c).
Section (c) states: Exceptions:
(1) Mandatory Exceptions, Subsections (a) and
(b) SHALL NOT applies
to: (a) Churches, their integrated
auxiliaries, and conventions or
associations of
churches.
IRC Section 6033(a) provides church “Mandatory
Exceptions” from the need for filing
returns of any kind.
It also acknowledges the church complete
immunity to disclosure. The regulations
explain that it is not
necessary to maintain records of any kind.
In Section 6033(1)(g)(1)(i) it states that
annual returns are not
required to be filed by an
organization described in section
501(c)(3), which has
established it right to exemption from taxation
under 501(a) and which
is organized and operated
exclusively for religious purposes.
In Section 6033(2) (a)
(i) (iii) of
the Code it states:
(a) Mandatory Exceptions, (i) Churches, their
integrated auxiliaries, etc. (iii)
exclusively religious
activities of a Religious Order.
The corporation sole has complete immunity to
disclosure. The regulations explain that
it is not necessary to
maintain records of any kind except for
the organizations’ own purposes and
reasons.
In Section 170(B) provides for Charitable
Contributions and gifts that can be
deducted for an
individual.
In Section 170 B(1)(a)
(i) it states: (1) Individuals
(a) General Rule for any charitable
contribution to: (i)
A church or association of churches
Since the IRS Codes are subject to the First
Amendment to the
United States Constitution, there are NO
requirements for a church or church
related ministries to
apply to the IRS for recognition of a tax
excepted or tax-exempt
status. In fact, the codes themselves
provide a specific EXCEPTION to reporting
and taxation for
churches/ministry.
The IRS Codes are for CORPORATIONS, Non-Profit
and For-Profit
Business Corporations. The corporation
sole is NOT a business corporation. Even
though it is not a
business corporation, IRS recognizes the
corporation sole in the same status and
category as a
non-profit corporation, without being one. They
understand the difference between a
church, the
called-out-ones, and a non-profit business
corporation.
According to Kent commentaries, there are few
points of law
applicable to a corporation sole. These are
however, four legal characteristics
unique to it:
1.) All corporation sole’s are officeholders of
and for established
church or a ministry. In short
corporation sole is
the incorporation of
an office.
2.) The corporation sole can claim title to
real property only.
3.) Property and powers of corporation sole are
transferred on the
death of an incumbent to successors in
office, not to heirs
or through executors.
4.) Corporation sole lacks the usual trappings
of a corporation.
5.) All corporation sole are considered
ambassadors, the legal
representative of an ancient religious
order.
Since state acknowledgment later became an
alleged requirement,
or at least a state policy, a theory had
to be developed to justify the
corporation sole
existence of the ancient church.
There are two significant types of corporation
sole that the
individual states and U.S. recognize
corporation sole.
The first type is the office that is prior
existing. It is the
office that predates the existence of the
United States. It was grandfathered from
the ancient religious
order over 2,000 years ago. It was formed
within the body of Messiah 33 A.D. by way
of succession or
direct ordination from the order of the
Most High, the Lord Yahshua/Jesus, the
Messiah. It is
created and written out of the ecclesiastical
canon law and is
recognized under the common law of England
and under the common law and Constitution
of these united states
of America. Some examples of the
ecclesiastical canon law corporation sole
is the Pope, Priests,
Bishops of the Catholic church, the Mormon
church, the Evangelical church,
Presbyterian church,
and Jewish synagogues.
The second type is the newly created corporation
sole that is written
within the state under civil law. The
articles do not reference any history of
the office or
scripture writing or references. It has
statutory language
such as Non-Profit or Not for Profit, which
is derived out of the statutes. They
recognize the
corporation as a trust or an entity and it is
created by the
government and is under government control as
the 501(c)(3) corporations.
The advantages of the canon law corporation sole
are:
1.) They are not created by the government and
are not under any
government agency including the IRS.
2.) They are subject to the private government
of those who create
them.
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Dickinson's Law Review
Our Taxes - Page 2
Model for Ministry
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