An evangelical church in Rome faces around 50,000 euros in taxes and fines because its building’s appearance isn’t “religious” enough to be classified as a church, according to Alliance Defending Freedom International (ADF). The European Court of Human Rights (ECtHR) dismissed the case as inadmissible for a hearing, solidifying the Italian Supreme Court’s initial ruling that the building cannot reclassify as a church to claim tax exemption.
In 2015, Breccia di Roma purchased a former shop to use as a church building. The church remodeled the building to fit its needs. Seeking to reclassify the shop as a church, the church approached The Ministry of Cultural Heritage, Activities and Tourism, which permitted the reclassification as long as they conducted no “internal or external” work on the property. Once reclassified as a church, Breccia di Roma could receive a tax exemption. However, the Italian Tax Agency rejected the building’s reclassification and taxed the church 11,000 euros.
Represented by ADF International, the church filed suit.
The case went to two lower courts, both of which ruled in favor of the church. During one of the appeals, the tax agency argued that the Breccia di Roma’s building did not look sufficiently religious or “conventional” enough to be considered a church. The agency presented pictures of churches like Basilica of San Silvestro, the Great Synagogue of Rome and the Great Mosque of Rome. Breccia di Roma argued that most Protestant churches use few if any religious ornaments as decor.
The case went to the Italian Supreme Court of Cassation, and the court ruled in the tax agency’s favor.
The church sought an appeal from the ECtHR, but the court rejected its appeal, claiming “non-exhaustion of domestic remedies” without further explanation.
Under the ruling, Breccia di Roma is forced to structurally modify its place of worship to fit into authorities’ standards or pay the taxes demanded of them.
Leonardo De Chirico, pastor of Breccia di Roma, believes authorities shouldn’t punish a church because its architecture is different.
“We don’t make money—we bring people together closer to Christ,” Chirico said. “Granted, our building does not match the Great Synagogue, a mosque, or any of the basilicas in Rome. Also, because our resources are limited, we meet in a comparatively unspectacular building. But why would a state punish us for that?”
In response to the recent decision, Chirico stated the ruling “fails to recognize the right of churches to freely determine the manner of their worship” and that the government “has no right to dictate the appearance of a place of worship.”
Lidia Rieder, legal officer for ADF International, acknowledged the financial burden the church now faces.
“It is highly regrettable that Breccia di Roma will not receive justice from the European Court of Human Rights,” Rieder said. “This religious group was unjustly discriminated against because its chosen place of worship does not look like a conventional church in the eyes of the authorities. The small community is now burdened with thousands of euros in taxes from which other religious buildings in Italy are exempted.”
Photo: Courtesy of Alliance Defending Freedom International