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Santorum Bill Would Encourage Beauticians to Report Tips

OCT. 19, 2000

S10801, S10806-S10807

DATED OCT. 19, 2000
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Citations: S10801, S10806-S10807

Cosmetology Tax Fairness and Compliance Act of 2000

 

=============== SUMMARY ===============

 

Sen. Rick Santorum, R-Pa., introduced S. 3225, which would extend to employers of cosmetologists the credit for social security taxes paid on employee tips, to promote tax compliance among hairdressers and beauticians. Text of the bill appears in the Record.

 

=============== FULL TEXT ===============

 

By Mr. SANTORUM:

S. 3225. A bill to amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector; to the Committee on Finance.

COSMETOLOGY TAX FAIRNESS AND COMPLIANCE ACT OF 2000

Mr. SANTORUM. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the bill was ordered to be printed in the Record, as follows:

S. 3225

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Cosmetology Tax Fairness and Compliance Act of 2000".

SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE TIPS.

(a) Expansion of Credit to Other Lines of Business. -- Paragraph (2) of section 45B(b) of the Internal Revenue Code of 1986 is amended to read as follows:

"(2) Application only to certain lines of business. -- In applying paragraph (1), there shall be taken into account only tips received from customers or clients in connection with --

"(A) the providing, delivering, or serving of food or beverages for consumption if the tipping of employees delivering or serving food or beverages by customers is customary, or

"(B) the providing of any cosmetology service for customers or clients at a facility licensed to provide such service if the tipping of employees providing such service is customary.".

(b) Definition of Cosmetology Services. -- Section 45B of such Code is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection:

"(c) Cosmetology Service. -- For purposes of this section, the term "cosmetology service" means --

"(1) hairdressing,

"(2) haircutting,

"(3) manicures and pedicures,

"(4) body waxing, facials, mud packs, wraps and other similar skin treatments, and

"(5) any other beauty related service provided at a facility at which a majority of the services provided (as determined on the basis of gross revenue) are described in paragraphs (1) through (4)."

(c) Effective Date. -- The amendments made by this section shall apply with respect to taxes paid after December 31, 2000.

SEC. 3. INFORMATION REPORTING BY PROVIDERS OF COSMETOLOGY SERVICES.

(a) In General. -- Chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050S the following new section:

"SEC. 6050T. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION TO BE PROVIDED TO COSMETOLOGISTS.

"(a) In General. -- Every person who leases space to any individual for use by the individual in providing cosmetology services (as defined in section 45B(c)) on more than 5 calendar days during a calendar year shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the name, address, and TIN of each such lessee.

"(b) Statement To Be Furnished to Individuals With Respect to Whom Information Is Furnished. -- Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth on such return a written statement showing --

"(1) the name, address, and phone number of the information contact of the person required to make such return, and

"(2) a statement informing the recipient that (as required by this section), the provider of the notice has advised the Internal Revenue Service that the recipient provided cosmetology services during the calendar year to which the statement relates.

"(c) Additional Information To Be Provided to Service Provider. -- A person who provides a statement pursuant to subsection (b) to an individual who provides cosmetology services shall include with the statement a publication of the Secretary, as designated by the Secretary, describing the tax obligations of independent contractors unless the publication was previously provided to the individual by the statement provider.

"(d) Method and Time for Providing Statement and Additional Information. -- The written statement required by subsection (b) and the additional information, if any, required to be furnished under subsection (c) shall be furnished (either in person or in a statement mailed by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) is to be made. Such statement shall be in such form as the Secretary may prescribe by regulations.

"(e) Lease. -- For purposes of this section, the term 'lease' include booth rentals and any other arrangements pursuant to which an individual provides cosmetology services, other than as an employee, on premises not owned by the service provider.

"(f) Exception for Services Provided by Proprietorships With Employees. -- This section shall not apply to leases of premises with at least 3 work stations for providing cosmetology services.".

(b) Conforming Amendments. --

(1) Section 6724(d)(1)(B) of such Code (relating to the definition of information returns) is amended --

(A) by striking "or" at the end of clause (xiv),

(B) by adding a comma at the end of clause (xv),

(C) by striking "; or" at the end of clause (xvi) and inserting a comma,

(D) by striking the period at the end of clause (xvii) and inserting ", or", and

(E) by inserting after clause (xvii) the following new clause:

"(xviii) section 6050T (relating to returns by cosmetology service providers).".

(2) Section 6724(d)(2) of the Internal Revenue Code of 1986 is amended --

(A) by striking "or" at the end of subparagraph (Z) and inserting a comma,

(B) by striking the period at the end of subparagraph (AA) and inserting ", or", and

(C) by inserting after subparagraph (AA) the following new subparagraph:

"(BB) section 6050T(c) (relating to statements from cosmetology service providers) even if the recipient is not a payee.".

(c) Effective Date. -- The amendments made by this section shall apply to calendar years after 2000.

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