Publication 1875 (8-2006) TIPS ON TIPS: A GUIDE TO TIP INCOME REPORTING FOR EMPLOYERS IN THE FOOD AND BEVERAGE INDUSTRY
Publication 1875 (8-2006)
- Institutional AuthorsInternal Revenue Service
- Jurisdictions
- LanguageEnglish
The Internal Revenue Service (IRS) began its Tip Rate Determination/Education Program (TRD/EP) in October 1993 for the food and beverage industry. The objective of the Program has been to improve and ensure compliance by employers and employees with statutory provisions relating to tip income.
The Program of Tip Reporting
What tip reporting options are available?
•
Tip Rate Determination Agreement(TRDA)
• Tip Reporting Alternative Commitment (TRAC)
• Institute your own reporting system to comply with the tax law
Under the
Tip Rate Determination/Education Program (TRD/EP), you may enter into either the TRDA or TRAC arrangement. The IRS will help you understand and meet the requirements for participation. The next pages show you how these two arrangements differ.
What’s in it for me?
• A business tax credit for social security and Medicare taxes that you pay on certain employee tips
• Compliance with the law
How does the program benefit my employees?
• Greater social security and Medicare benefits
• Increased income may improve their financing approval when applying for mortgage, car, and other loans
• Increased unemployment benefits
• Increased retirement plan contributions (if applicable)
• Increased worker’s compensation
TRDA vs. TRAC (how they differ)
TRDA TRAC
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TRDA requires the IRS to TRAC does not require that a tip rate
work with the establishment be established but it does require the
to arrive at a tip rate for employer to:
the various restaurant
occupations. • establish a procedure where a directly
tipped employee is provided (no less
than monthly) a written statement of
charged tips attributed to the employee.
• implement a procedure for the
employees to verify or correct any
statement of attributed tips.
• adopt a method where an indirectly-
tipped employee reports his or her tips
(no less than monthly). This could
include a statement prepared by the
employer and verified or corrected by
the employee.
• establish a procedure where a written
statement is prepared and processed
(no less than monthly) reflecting
all cash tips attributable to sales
of the directly-tipped employee.
----------------------------------------------------------------------
TRDA requires the employee TRAC does not require an agreement
to enter into a
Tipped
between the employee and the employer.
Employee Participation
Agreement (TEPA)
with the
employer.
----------------------------------------------------------------------
TRDA requires the employer TRAC affects all (100%) employees.
to get 75% of the employees
to sign
TEPAs
and report at
or above the determined rate.
----------------------------------------------------------------------
TRDA provides that if TRAC provides that if the employees of
employees fail to report at an establishment collectively
or above the determined underreport their tip income, tip
rate, the employer will examinations may occur but only for
provide the names of those those employees that underreport.
employees, their social
security numbers, job
classification, sales,
hours worked, and amount
of tips reported.
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TRDA has no specific TRAC includes a commitment by the
education requirement. employer to educate and reeducate
quarterly all directly and indirectly-
tipped employees and new hires of
their statutory requirement to report
all tips to their employer.
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TRDA participation assures TRAC includes the same rule.
the employer that prior
periods will not be examined
as long as participants
comply with the requirements
under the agreement.
----------------------------------------------------------------------
Example of a TRAC Statement
Use the following guide to help you develop your statement to give to your employee. A TRAC statement is given to an employee showing tips attributed to him/her. This example not only fulfills the statement required for charged tips, but also for cash tip reporting and for indirectly-tipped employee reporting.
Employer Portion
"title"
Employee Name: Mark Doe
Employee Address: 123 Main Street
City, State, Zip: Any Town, USA 12345
Employee SSN: 000-00-0000
Job Category: Food Server
Restaurant Name: ABC Bar & Grill
Employer EIN: 00-0000000
Report Period: 01/01/00-01/31/00
Gross Sales $ 6,000.
______________________________________
Charged Sales w/Tips $ 2,000.
______________________________________
Charged Tips $ 280.
______________________________________
Charged Tip Rate 14%
______________________________________
Sales Subject to Cash Tips $ 4,000.
______________________________________
Employee Portion
Cash Tips $ 520.
______________________________________
Cash Tip Rate 13%
______________________________________
Tips Shared w/Others
Name: Job Category: Amount:
_________________________________________________________________
Johnny Noname Busser $ 120.
_________________________________________________________________
Total (120.)
Tips Received from Others
Name: Job Category: Amount:
_________________________________________________________________
Susie Cue Cocktail $ 100.
_________________________________________________________________
Total 100.
______________________________________
Net tips kept and reportable:
$ 780.
______________________________________
Employee Signature: ___________________________ Date: ____________
Employer fills out top portion.
Gross Sales:
only
include food & drink amount.
Do not
include tax,
tip, or nonfood/drink items.
Charged Sales: include charged sales that show a tip on food & drink
amounts
only
.
Do not
include tax, tip, or nonfood/drink items. (A
charged sale with no tip is included as a cash sale.)
Employee fills out bottom portion.
An indirectly-tipped employee would only receive (from the employer)
the "title" portion of statement filled out, unless employer captured
"tips shared w/others" information from the directly-tipped
employee's TRAC Statement and showed it as "tips received from
others."
Employee signs statement and gives a copy to employer, retaining a
copy for his/her records. This statement would satisfy employer's
requirement under the TRAC arrangement and the employee's requirement
under the law.
How To Get Your Program Underway
How To Apply
To enter into one of the arrangements, you may call 1-800-829-4933 for the IRS Stakeholder Liaison Field office in your area. A Stakeholder Liaison can assist you with more information about the Tip Program. You may also obtain information by sending an e-mail to Tip.Program@irs.gov.
Who Should Apply
All employers with establishments where tipping is customary should review their operations. Then, if it is determined that there is or has been an underreporting of tips, the employer may apply for one of two arrangements under the TRD/EP – TRAC or TRDA.
Note: Employers currently under a TRDA, and wishing to switch to a TRAC, must first terminate their TRDA.
When to Apply
An employer may apply for either one of the two arrangements at any time. The effective date of the arrangement is determined by receipt and handling of the employer’s application.
TRDA is effective as of the date the Employment Tax Territory Manager signs the arrangement.
TRAC is generally effective as of the first day of the quarter following the date the Stakeholder Liaison Area Manager signs the agreement.
For More Information
The following is a list of IRS publications and forms relating to tip income reporting that can be downloaded from the IRS Web site at http://www.irs.ustreas.gov and can be ordered through the IRS by dialing 1-800-829-3676.
Pub 505 – Tax Withholding and Estimated Tax
Pub 531 – Reporting Tip Income
Pub 1244 – Employee’s Daily Record of Tips and Report to Employer. This publication includes Form 4070, Employee’s Report of Tips to Employer, and Form 4070A, Employee’s Daily Record of Tips.
Form 941 – Employer’s Quarterly Federal Tax Return
Form 1040ES – Estimated Tax for Individuals
Form 4137 – Social Security and Medicare Tax on Unreported Tip Income
Form 8027 – Employer’s Annual Information Return of Tip Income and Allocated Tips
Form 8846 – Credit for Employer Social Security and Medicare Taxes Paid on Certain Employee Tips
Form W-2 – Wage and Tax Statement; and separate Instructions for Forms W-2 and W-3
- Institutional AuthorsInternal Revenue Service
- Jurisdictions
- LanguageEnglish