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Alameda County taxing churches

Alameda County is doubling down on controlling churches and gaining more property tax.  After the recent election, Alameda County had a new Assessor who claimed to be a property tax attorney, very experienced in fighting the county on property tax issues.  It seems that this new assessor seeks to increase the property tax revenue.

Alameda County, including with the latest set of forms where churches claim they are doing nothing wrong, supplied a multi-line form.  On this form, the county wants to know everyone who has entered and used the facilities, apart from the owning church.  The county wants to know the name,, space used, square footage used, number of days in the year and what the activity was.  When this form arrived in mailboxes all over Alameda county, several pastors that knew my fight with the county contacted me to express their fear, anger and disgust at the county.

What is at risk is the desire for churches to not pay property tax.  As churches shrink in attendance, the possibility of paying property tax becomes more and more difficult.  Established churches built 50-100 years go may be sitting on an acre or more of land, which would be taxed heavily in Alameda County.  Seeking a tax free status, however, may be a deal with the devil.  If the government came to a church and told them that the government would give $13,000 a month for a youth program and the church took the money, everyone would say that this is dangerous because the church is now beholden to the government.  The government could put any requirements on the church with the threat of removing the  money. Churches who have become used to the money would not want to see it go.  In the same way, if the government gives a tax break to a church, that church is now beholden to the government.  If the government says that Girl Scouts and Alcohol Anonymous cannot use the church facilities, the church must comply or lose the tax benefit.  It looks like that is what is happening and churches need to believe the reckoning and choose what do.

So once again the government is seeking to control churches and if churches cannot comply, the government will tax them.  Of course, some say, that if churches pay taxes, then they can operate anyway they want.  "Church" designations are federal and way out of county control.  The county cannot stop a church from being a church and accepting tax free donations.  If a church pays taxes, however, then they are free to have soup kitchens or open a daycare or manage a homeless shelter or do all sorts of things what would be considered good social justice acts without anyone from the government coming to see what they are doing.

For our church, the county has already taxed 25% of our building which means we can use that space as a wedding venue, for example and charge enough money to pay the tax.  This act by the county will produce a great wave to vote those people out.  However, 90% of the assessor’s office are unelected and cannot be removed.  The counties to the East and south of Alameda County have a much different relationship. Churches there pay a “use tax” which is very low and allows a church to have all sorts of programs not allowed in Alameda County.

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