IRS says churches can endorse political candidates without losing tax-exempt status

The IRS said successful a caller federal tribunal filing that churches tin endorse political candidates to their congregations without risking the nonaccomplishment of their tax-exempt status.

The determination upends a 70-year-old mentation of the U.S. tax code, whose Johnson Amendment has barred definite non-profit groups, including churches, from endorsing governmental candidates without putting their tax-exempt presumption successful jeopardy.

President Donald Trump has agelong called for Johnson Amendment to beryllium repealed.

"Communications from a location of worship to its congregation successful transportation with spiritual services done its accustomed channels of connection connected matters of religion bash not tally afoul of the Johnson Amendment arsenic decently interpreted," the IRS said successful the associated filing Monday with the National Religious Broadcasters radical successful U.S. District Court for the Eastern District of Texas.

"When a location of worship successful bully religion speaks to its congregation, done its customary channels of connection connected matters of religion successful transportation with spiritual services, concerning electoral authorities viewed done the lens of spiritual faith, it neither 'participate[s]" nor 'intervene[s]' successful a 'political campaign,' wrong the mean meaning of those words," the filing said.

The filing was portion of a associated question by the IRS, the National Religious Broadcasters, and 2 Texas churches, Sand Springs Church successful Athens, and First Baptist Church Waksom, located successful Waksom, to settee a suit done a consent judgment.

Those churches and the NRB sued the IRS past year, alleging that the Johnson Amendment violated their First Amendment rights to state of code and look of religion, arsenic good arsenic different law violations.

A justice has not yet ruled connected the question for consent judgment, which would permanently enjoin the IRS from enforcing the Johnson Amendment against the plaintiff churches.

The New York Times archetypal reported the filing.

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