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Irs 4361 lost Form: What You Should Know

Form 8915 — U.S. Treasury Department This Form details the tax consequences of a ministerial employment. A ministerial tax preparer should submit to the tax office only that which is necessary for that individual. See also IRM 21.1.7.4.3.2, Ministerial Employment. A ministerial tax preparer cannot prepare a Ministerial Employment Form. The form must be from a clergyman, minister, or other individual who is a full‑time employee of the taxpayer at least one day or per diem‥ or who is  employed by the taxpayer in any other capacity. See Rev. Run. 86:18-1. This form is NOT used to file a Form 4361. This form is NOT used to report income or to establish withholding under IRC § 6212 or IRC § 6213. A ministerial tax preparer must have a reasonable expectation of not being called as a witness, but this is very difficult to verify. You must follow these guidelines for establishing reliability: If the preparation of the Ministerial Employment Form fails, the minister should contact his/her tax authority and ask to cancel it. This can be done as soon as the Ministerial Employment Form has been presented. If the minister does not contact his/her tax authority within 90 days, he/she would not be able to claim a refund, even if the Form 4361 was filed. The Ministerial Employment Form must be cancelled by the person filing it, even if it is signed by the minister. The Ministerial Employment Form should only be filed for someone authorized to take the tax return. Any time money is paid by an individual to a minister, the minister is considered to be an employee of the taxpayer and as such must be subject to the tax laws of the State in which they are licensed, regardless of whether they are serving in a church-related capacity. Form 8915 (the form must be completed and signed electronically; the IRS does not charge any processing fees for the Form 8915), must complete and sign within 3 days after the payment is received. The signed and completed Form 8915 should be forwarded to the appropriate government authority and entered on the individual's tax return. This must all be done prior to the minister's payment. See also IRM 21.1.4.7.3.1 (5/01/11), Tax Preparers: Not a Minister.

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