Tips & Taxes – The misconception about IRS tip reporting.

waiter tips taxes 200x300 Tips & Taxes   The misconception about IRS tip reporting.

Taxes and Tips. What you should know…

When figuring out taxes, there is a misconception that servers are required to report their tips as at least 8% of their sales revenue. 8% is simply a bottom line that the IRS uses when attempting to determine how much a server earned in tips over the year. The IRS does not expect to be paid 8% of a server’s sales as tax – that would be akin to taxing the customer for their bill. What it means is that in the absence of documentation to show how much that server earned in tips the IRS is going to assume that they earned at least 8% of their food and beverage sales. So if a server sells $1,000 of food than the IRS is going to automatically assume that they took home $80 in tips that night. They’re going to treat that $80 as taxable income and depending on what tax bracket the server is in they might get 25% of the $80 which is $20. So when a customer tips 8% it isn’t all going to the government, it’s simply that all of it is going to be taxable automatically.

To put it another way, if everyone tipped 8% the server would still make some money (albeit half of what is typical), it wouldn’t all go to the government. Most service employees average 15-20% of their sales in tips, so using 8% as a default is conservative from the IRS’s point of view. Servers are required to report ALL of their tips, even if they made 25% (or more) of their sales in tips. Naturally most of them will report far less than this, but still more than the default assumption of 8%. In places where credit cards are used the IRS can use the tips on charged receipts to estimate the amount of tips received from tickets paid in cash. The two are generally close to each other, so if a server shows 16% of tips on all of the charged receipts they’ll be sending up a red flag if they under declare their cash tips too drastically (e.g. 6%).

When servers are reporting income sales revenue through their income tax software, just keep in mind that 8% is just a guideline, not a hard fact of income and you are in-fact required to report all of your income. For all of the details of the law, see IRS Tipping Tax Laws

Still when a server is stiffed they are still losing money – they’re getting zero on a ticket that the IRS will assume they made at least 8% on, paying taxes on revenue they didn’t make.

42 comments to Tips & Taxes – The misconception about IRS tip reporting.

  • Rob from K Cups Cheap

    This post is spot on. To add one more thing, it is not just servers who believe the misconception that they are required to report their tips as at least 8% of their sales revenue. This is the case in many other industries, such as salons and other service based businesses.

  • If we really wanted to help our people in the service industry, we would recognize Ron Paul and his bill, HR 1139, “The Tax Free Tip Act of 2011″. This bill simply make all tips non-taxable. Learn more at TaxFreeTipAct.com

  • This still makes no sense to me, and sounds like, yes, bull,, 8% of what. 8% of sales? does the waitperson do? go in to do their taxes and has receipts that show how much they 'sold' in food and beverages for that year. joe waiter worked 200 days out of a 365 day calender year and sold $$ this much for the whole year and thus should have made this $$ much in tips. If they don't have the receipts for the place they worked at showing how much that individual waitperson 'sold' what exactly are they getting the 8% tax from?

  • Lois Forter Fons

    At the restaurant my mom worked at, they automatically withheld 10 percent out of her pay based on food and alcohol sales. Her 'paycheck' was usually under $20.00.

  • Any modern computer system, or POS (point of sale) system will be able to keep track of every last penny that the server sold during the year, 5 years, 10 years… whatever the management puts in as parameters. Catherine, i can tell you've never waited tables, but (and i'm not sure why this is even legal) most servers make $2.65 or so an hour and depend greatly on their tips to survive. the $2.65 is really a buffer against the taxes that will be taken out of the server because of the tips they have to claim. so an average server paycheck is usually less than $20 per week. We depend on these tips to feed our families

  • Billy Holey as much as I yes, I do understand that I still feel it is not my fault that someone took a job knowing they only made a certain amount and than demand, because that is what it feels like..A tip (if you can't tip 15% don't come or go to fast food) I tip based on service not on what that person made.. there are lots of places where the servers make min. wage if not more.., do we start asking our servers how much they make so we can tip according, most of the servers in my town make min. wage. do I not tip them? I don't mind tipping,, because it is a nice thing to do. I tipped the subway girl the other day 1$ she looked like she was having a bad day. Im told by tipped people that should never be done "because she makes min. wage.".. Like I said, and Im really not trying to be mean, But it seems tipping lately is more about what a person does't make and not the service they give. I have been told by many servers "I make 2.50 and hour, you owe me a tip." they say little about service and more about their lack of pay,, it that my fault. ? I don't want to sound mean, and I know it is coming across that way.

  • Lois Forter Fons but how much did your mom make an hour. I have about 25% taken out of mine for taxes.

  • Lois Forter Fons

    Catherine Tuttle same as the gentlemen above. Around $2.35 -$2.50 an hour with no benefits. She would also have to tip out the busperson who was making at least minimum wage. I always tend to over tip as I know how hard my Mom worked and the service she provided. It was usually the regulars that tipped well and requested her for the service. Another kicker is when people skip out on there tab, the server has to pay for the tab and are still taxed on the lack of tip.
    I do understand your frustration. It seems more and more positions (simply because they deal with the public) are expecting tips for doing the job for which they are already being paid. To my knowledge, it remains only waitresses and waiters whose pay is actually dependent upon it and whose tips (whether received or not) are automatically taken out.

  • Lois Forter Fons

    One more thing to consider in regards to the service was whether your dissatisfaction was the result of the server or from the kitchen. A back up in the kitchen where pay is not based on tips impacts the tips made by the server who has little control of the food quality and timing.

  • Anonymous

    I beleive that the amount to actually avoid an audit is 12% now. then again, 18% is AVERAGE tip nowadays and no one pays attention to that either. the fact is servers should be declaring it all ( I am a server of 18 years. and people should be tipping accurately. which is NO less than 18% for average sevice. 20% + for good, great beyond…also please factor in that we also hand out at the end of a shift 3-5% of our sales so you want to leave a measely 10% ignorance tip…the server is keeping 5%, yet the governement is assumed we made more and that's what we would be taxed on( since not everyone DOES claim all they earn).

  • There is nowhere in the united states that a server makes minimum wage, they make between 2.09 to 3.29 an hour depending on state requirements. If someones serves is truly bad then obviously tipping should not be required, but if you are to cheap to tip then stay at home, sorry to sound mean, but its reality.

  • *someone's service* and *too* cheap

  • While I appreciate the sentiment, that is not entirely true. Minimum wage for tipped employees ranges dramatically across the country. See this govt. chart: http://www.dol.gov/whd/state/tipped.htm

  • Robin Stachnik my point is that I do mind tipping, I do mind when it is demanded,, the first thing out of most servers is "im make such and such, I need my tips"..as your reality said, again, It is not my fault someone took a job that only pays them 2.50$ an hour and they need their tips to pay bills.. taxes or what not is still not my fault.. I tip and i tip well, because I want to not because I have to, which is what it has become, having to.. "don't you know how much I don't make". "I have to use my tips to pay my bills". "If you can't tip 10/20/15% go to fast food" how rude are those things.?? I say get a better paying job and I get jumped all over, how dare I say something like that, but servers can tell me they demand i pay their idea of % in tipping OR don't come back.?? and that is perfectly alright..? And yes, I have been a waitress before.. I also sold shoes on commission..

  • Anonymous

    What happens if a server had less than 8% tip income? Do they still have to pay taxes based on the 8%?

  • Anonymous

    I'm not sure why people are discussing a server making $2-3/hr. That's the base pay not what they actually make. It's true that the minimum wage for a tip job is less than the regular minimum wage ($7.25). However, if a worker's pay doesn't average out to at least $7.25 an hour after base pay, tips, and tipping out to others then the employer is legally obligated to pay the difference. For example, if Sally works at Chili's and after averaged $7 an hour after tips (and tipping out to others) for a 40 hour work week then her boss would have to give her an extra $10 ($.25 * 40) to cover the difference. Therefore, even if a server never gets a single tip from any customers that server would still make at least $7.25/hr.

    In conclusion I firmly believe that if the service is good then it's wrong not to tip. However, people shouldn't be guilt ridden into leaving a tip for lousy service simply because of the misconception the server will starve if they don't.

    By lousy service I mean a server being rude or condescending, spending 5 minutes trying to get my server's attention in an empty restaurant while she talked to another waitress, and the like. I realize that things such as burnt food, wrong food being taken out, etc. are not the servers fault. Although, if I'm literally the only person there and my food is not what I ordered I would expect the server to catch the mistake and send it back before it ever reaches me. However, I don't dock the tip if they don't because that's not necessarily their job.

  • Bob Jackson

    There is a lengthy discussion below, where my handle is Hawkeye.

    http://moneyning.com/money-beliefs/tipping-guide-for-good-and-bad-service-from-an-ex-waitress/

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  • [...] Article about tips, taxes and the IRS at Tip20! (the exclamation point is part of the blog’s title). Leave a Comment Posted by teleburst on February 19, 2011 http://www.tip20.com/tips-taxes/25 [...]

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