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from the Alliance Defense Fund:
Ramsey County, Minn., threatens tax-exempt status of nearly 800 churches Court puts stop to taxation of church represented by ADF-allied attorney while litigation proceeds; hundreds of ‘church organizations’ at risk
Wednesday, May 21, 2008, 7:34 AM (MST) | ADF Media Relations | 480-444-0020
ST. PAUL, Minn. — Ramsey County officials are demanding that nearly 800 churches and related organizations submit forms and information or else risk loss of tax-exempt status, despite Minnesota law that exempts churches from such requirements. An Alliance Defense Fund allied attorney succeeded in obtaining an order from the Minnesota Tax Court that prevents the county from collecting property tax from one church through the end of legal proceedings, but the case continues in court. The county’s actions unlawfully place the tax-exempt status of hundreds of churches in jeopardy.
“Government officials have no right to harass churches in violation of state law,” said ADF Senior Counsel Joe Infranco. “The county needs to realize that its threats to revoke the tax-exempt status of hundreds of churches unless those churches submit a laundry list of documents is clearly in violation of Minnesota law.”
Ramsey County sent letters to 783 “church organizations” questioning tax exemptions for various reasons. The letters demanded the churches submit tax exemption forms, incorporation documents, bylaws, financial statements, and other information or else face the loss of tax-exempt status, even though Minnesota law does not require churches to file such documentation. Advent Evangelical Lutheran Church risked losing its tax-exemption on undeveloped land the church owns.
ADF-allied attorney Lynn Basich filed a motion for waiver of tax payments on behalf of the church so that the church would not be subject to tax while its lawsuit against the county moves forward. The chief judge of the tax court, George Perez, signed the order on May 12.
“Just because a church has not yet put a building on a piece of land does not mean it is subject to taxation,” Basich explained. “Nor does it mean that the county has a right to harass churches for information under threat of losing tax-exempt status when state law clearly states that churches do not have to submit such information. We hope the assessor’s office will reconsider its illegal requests and no longer bully the churches of Ramsey County.”
The order from the Tax Court of the Second Judicial District releasing the church from having to pay property tax during litigation in Advent Evangelical Lutheran Church v. County of Ramsey is available at www.telladf.org/UserDocs/AdventLutheranChurchOrder.pdf.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
www.telladf.org
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