Navigating the New Tax Deduction for Qualified Tips

The ever-evolving tax landscape in the U.S. introduces a noteworthy change with the passage of the “One Big Beautiful Bill Act,” particularly focusing on the new above-the-line tax deduction for qualified tips. This article explores the historical context and current updates in tip taxation, with a focus on the implications for tipping-based professions.

Past Laws on Tip Reporting and Compliance - Previously, U.S. tax laws mandated that employees who earn tips report to their employers any tips totaling $20 or more per month. This reporting, required by the 10th of the following month, is crucial for employers to withhold Social Security (FICA) and income taxes accurately. These figures then appear on an employee's W-2 form as part of their income tax return. Failing to report can result in a 50% penalty on the unreported tips' FICA taxes.

Larger food and beverage establishments, defined as those with customary tipping and at least ten employees, have had to allocate tips to ensure reported amounts are at least 8% of the gross sales. If this threshold isn't met, employers are required to adjust accordingly.

An intriguing aspect of prior legislation was the Employer Social Security Credit for food and beverage businesses, allowing them to claim a credit for Social Security taxes on tips reported above certain minimum wage limits via IRS Form 8846.

The New Above-the-Line Deduction - With the "One Big Beautiful Bill Act," professionals in select tip-based roles are now eligible for an above-the-line deduction of up to $25,000 for qualified tips, available from 2025 to 2028. This deduction is limited to $25,000 per tax return, disregarding the filing status. This potential decrease in taxable income enhances its attractiveness, as it applies irrespective of standard or itemized deductions, and could also impact qualification for additional tax benefits with Adjusted Gross Income (AGI) constraints. However, FICA taxes and potential self-employment taxes remain compulsory for eligible tips.

Image 1
  • Defining Qualified Tips - For tips to be eligible, they must be voluntarily given, not enforceable, non-negotiable, and determined by the payer. The recipient’s business must not fall under certain categories outlined in Sec 199A(d)(2). Future regulations may impose additional requirements. This deduction is applicable both to W-2 employees and independent contractors provided their occupation is recognized by the Treasury, with a list of eligible professions expected by October 2025.

  • Self-Employment Context: Tips garnered from self-employed activities must be included in the business's gross income. The new deduction applies within the $25,000 limit if business conditions are met. However, if business deductions surpass gross income including tips, the deduction is limited.

  • Exclusions to the Deduction - There are several caveats:

    • Specified Service Industries: Workers in specified service trades or businesses under Section 199A(d)(2) like law, healthcare, and accounting are not eligible.
    • Income Phaseout: If AGI exceeds $150,000 for singles and $300,000 for joint filers, the deduction reduces by $100 for every $1,000 over the threshold.
    • Marital Filing - Married filers need to file jointly to qualify for the deduction.
    • Social Security Number Requirement - A valid SSN is necessary for deduction claims, allowing IRS income validation.
  • Broadened FICA Tip Credit - The Act also extends the FICA tip tax credit beyond food and beverage to beauty services, addressing industries previously overlooked yet equally reliant on tip income.

This legislative shift marks significant acknowledgment of tip income's distinctive role in the economy, offering valuable tax relief to qualifying workers. The complexities around eligible professions and income caps necessitate expert tax consultation for beneficiaries aiming to optimize their benefits. Additionally, extending the FICA tip credit to include beauty services exemplifies the evolving tax policy's responsiveness to diverse occupational realities.

For individuals impacted by these tax changes, seeking advice from seasoned tax professionals like those at Melvin P. Crilley, EA Inc., can help you navigate and maximize these new provisions effectively. If you have questions about how these recent amendments affect you or your business, please reach out to our office.

Share this article...

Sign up for our newsletter.

Each month, we will send you a roundup of our latest blog content covering the tax and accounting tips & insights you need to know.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .

We care about the protection of your data.

FAQs Frequently Asked Questions
Type your question here.
Please fill out the form and our team will get back to you shortly The form was sent successfully