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Exploring the New Above-the-Line Tax Deduction for Tips

The evolving U.S. tax system recently introduced significant changes with the “One Big Beautiful Bill Act,” featuring a groundbreaking above-the-line tax deduction for qualified tips. This article delves into the complexities of tip taxation and explains the implications of the new deduction for professionals in tipping-based occupations.

Historical and Current Tip Taxation Laws

Previously, U.S. tax law mandated that employees report tips exceeding $20 monthly to their employers, who then withhold applicable FICA and income taxes. These tips are included on Form W-2 for income tax purposes. Non-compliance could incur penalties from the IRS, often amounting to 50% of the FICA taxes on unreported tips.

In large food and beverage establishments with ten or more employees, employers must allocate tips to ensure reported amounts match at least 8% of gross sales. If this threshold is unmet, employers adjust allocations accordingly. Additionally, food and beverage businesses could leverage the Employer Social Security Credit, offsetting excess Social Security taxes on reported tips beyond certain wage thresholds.

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Introduction of New Tax Deduction

The One Big Beautiful Bill Act introduces an above-the-line deduction up to $25,000 for qualified tips from 2025 to 2028. This deduction is applied per tax return rather than per individual, regardless of filing status. Above-the-line deductions decrease gross income to compute adjusted gross income (AGI), thus lowering taxable income and potentially qualifying individuals for other tax benefits based on AGI thresholds.

Understanding Qualified Tips

  • Qualified tips must be voluntary, non-negotiable, free of penalties for non-payment, and determined solely by the payer. The recipient’s business cannot fall within the specified trade or business under Section 199A(d)(2). Additional criteria will be set in future regulations.

  • Both employees and self-employed individuals receiving tips, recorded via forms like 1099-K or 1099-NEC, can benefit if their profession is recognized as eligible by the Treasury Department. A list of qualifying occupations is expected by October 2025.

Tips in Business Operations

  • Inclusion in Business Income: Tips earned during self-employment activities must be included in the business’s gross income.

  • Deductive Eligibility: Self-employed individuals qualify for the tip deduction within established limits, provided the business aligns with criteria. Exceeding business deductions over gross income may limit the tip deduction.

Limitations and Restrictions

  • Specified Service Trades or Businesses: Professions within specified service industries, such as health care and law, are ineligible due to their dependence on reputation or employee skill.

  • Income-Based Reduction: For AGI exceeding $150,000 (single) or $300,000 (joint), deductions decrease by $100 for each $1,000 beyond the threshold.

  • Filing Status: Only joint returns for married couples qualify for the deduction.

  • SSN Requirement: A valid SSN is necessary to claim, ensuring IRS compliance and record validation.

Expanded FICA Tip Tax Credit

  • The Act also expands the traditional FICA tip tax credit, initially exclusive to food and beverage entities, to now include beauty services. This acknowledges tipping in sectors like hair care and spa services, rectifying an omission from prior law.

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The introduction of this above-the-line deduction marks a significant shift, recognizing the distinctive nature of tip income within our economy. By directly reducing AGI, it provides essential tax relief to eligible earners. The nuanced eligibility criteria, however, necessitate guidance from tax professionals to maximize opportunities under this new provision. Furthermore, the broadened FICA tip credit represents progress within tax policy, reflecting the current realities of diverse occupational tipping practices.

If you are an employer, tipped employee, or self-employed and need clarity on how these tax reforms affect your situation, please reach out to our office for personalized advice.

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