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Navigating the New Above-the-Line Deduction for Tips

The tax landscape in the U.S. is constantly reshaped by legislative developments. The introduction of a new above-the-line tax deduction for qualified tips, as part of the “One Big Beautiful Bill Act,” is a notable change impacting workers in tip-centric jobs. This article explores the evolution and implications of this tax deduction for employees in such roles.

Historical Tip Reporting and Responsibilities - Previously, U.S. tax law mandated that employees report to their employer any tips totaling $20 or more monthly. This report is submitted in writing by the 10th of the following month. Employers are then tasked with withholding FICA (Social Security and Medicare) and income taxes on reported tips, which appear on the employee’s Form W-2. Failure to report can result in a 50% penalty on unreported FICA taxes by the IRS.Image 1

For larger food and beverage venues—with tipping customs and over ten employees—tips must be allocated to employees, ensuring reported tips are at least 8% of gross sales. Employers allocate any shortage. An existing mechanism, the Employer Social Security Credit, allows establishments to claim credit on Social Security taxes paid on tips exceeding minimum wage thresholds, using IRS Form 8846.

New Deduction for Qualified Tips - The One Big Beautiful Bill Act brings an above-the-line deduction of up to $25,000 for qualified tips, applicable from 2025 through 2028. This cap applies per tax return, regardless of filing status, maintaining the $25,000 limit for the return.

Understanding Above-the-Line Deductions - These deductions reduce gross income to calculate the adjusted gross income (AGI), beneficial whether opting for standard or itemized deductions. Additionally, they may influence eligibility for other AGI-dependent tax benefits. Notably, qualified tips are income tax-free up to the deduction limit, but FICA withholding still applies, and self-employed individuals may owe self-employment taxes.Image 3

  • Defining Qualified Tips - To qualify, tips must be given voluntarily, without obligation, and be non-negotiable. The trade or business receiving the tip cannot be a specified trade or business under Sec 199A(d)(2), and additional future regulations may apply. This deduction spans W-2 employees and independent contractors receiving tips documented via 1099-K or 1099-NEC, contingent on occupation eligibility set by the Treasury Department. An official list of qualifying professions is expected by October 2025.

  • Incorporating Tips in Business Revenue (Self-Employment):

    o Business Income Inclusion: Self-employed individuals must include tips in the business’s gross revenue.

    o Deductive Eligibility: Self-employed individuals may deduct tips up to $25,000, if the business qualifies. Deduction limits apply if business expenses surpass gross income, including tips.

  • Deduction Restrictions - The deduction is unavailable for:

    1. Specified Service Trades: Industries like health care, law, and accounting, defined under Section 199A(d)(2), are ineligible. These sectors heavily depend on employee reputation and skill.

    2. Income Adjustments: Deduction amounts decrease for AGIs exceeding $150,000 (or $300,000 for joint filings), decreasing $100 for each $1,000 over the threshold.

    3. Filing Status: Married individuals must file jointly to claim.

    4. SSN Requirement: A valid SSN is essential for claiming, facilitating IRS income validation.

  • Expanded FICA Tip Tax Credit - The expansion of the FICA tip tax credit in the One Big Beautiful Bill Act now includes beauty service providers such as salons and spas, acknowledging the tipping culture in these sectors. Previously, the credit was limited to food and beverage businesses. This shift rectifies past legislative oversights.Image 2

The introduction of the above-the-line deduction for qualified tips marks a significant change, catering to the distinctive nature of tip income today. By directly lowering AGI, it offers substantial relief to eligible workers. However, nuances regarding eligible professions and high earner exclusions necessitate consultation with tax specialists to optimize the benefits encapsulated in this legislation. Meanwhile, the expanded FICA tip credit extends support to historically neglected sectors, representing a forward-thinking adjustment in tax policy to suit modern professional scenarios.

For individuals receiving tips or employers in these industries seeking guidance on these tax law modifications, please reach out to our office.

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