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		| Tax Topic #761 | 2008 Tax Year | Topic 761 - Tips – Withholding and ReportingYour employees who receive tips of $20 or more in a calendar month, while
                     working for you, are required to report to you the total amount of tips they
                     receive. They must give you written reports by the tenth of the following
                     month. Employees who receive tips of less than $20 in a calendar month are
                     not required to report their tips to you.
                   Employees must report to you tips received directly from customers, tips
                     from other employees, and tips customers charge to their bills. Service charges
                     added to a bill and paid to your employees are not considered tips for tax
                     reporting purposes. These service charges constitute wages for purposes of
                     social security, Medicare, and income taxes.
                   Employees can use Form
                        4070A, Employee's Daily Record of Tips, to keep a daily record
                     of their tips and Form
                        4070, Employee's Report of Tips to Employer, to report their
                     tips to you. Both of these forms are in Publication 1244 (PDF), Employee's Daily Record of Tips and Report to Employer.
                   When you receive the tip report from your employee, use it to figure the
                     amount of social security, Medicare, and income taxes to withhold for the
                     pay period on both wages and reported tips. You are responsible for paying
                     the employer's portion of the social security and Medicare taxes. You must
                     collect the employee's portion of the social security and Medicare taxes and
                     the income taxes. You can collect these taxes from the employee's wages or
                     from other funds the employee gives you up to the close of the calendar year.
                     If you don't have enough money from the employee's wages and other funds,
                     apply them in the following order. First, withhold all taxes due on regular
                     wages. Second, withhold social security and Medicare taxes due on reported
                     tips. Finally withhold any federal, state or local income taxes on reported
                     tips. You can withhold any remaining unpaid taxes from the employee's next
                     paycheck. If you cannot collect all of the employee's social security and
                     Medicare taxes on tips, show the uncollected amount in the appropriate box
                     on the employee's Form W-2, Wage and Tax Statement. Also, show the
                     uncollected amount as an adjustment on your employment tax return (e.g.,  Form 941 (PDF), Employer's Quarterly Federal Tax Return).
                   When preparing your employee's Form W–2, include wages, tips and
                     other compensation in the box labeled "Wages, tips, other compensation". Include
                     Medicare wages and tips, and social security tips in their appropriate boxes.
                   When figuring your liability for federal unemployment tax, add the reported
                     tips to your employee's wages.
                   If you operate a large food or beverage establishment where tipping is
                     customary and you normally employ more than ten people on a typical business
                     day, you must file  Form 8027 (PDF), Employer's
                           Annual Information Return of Tip Income and Allocated Tips, for each
                     calendar year. If you have more than one food or beverage operation, you must
                     file a separate Form 8027 for each. Form 8027 is due on the last day of February
                     of the next year (or March 31st if you are filing electronically).
                   If the total tips reported by all employees are less than 8 percent of
                     your gross receipts (unless a lower rate has been approved by the IRS), you
                     must allocate the difference among the employees who received tips. The allocation
                     may be based on each employee's share of gross receipts or share of total
                     hours worked, or on a written agreement between you and your employees. Show
                     the amount allocated in the box labeled, "Allocated Tips", of the employee's
                     Form W–2. Do not withhold income, social security or Medicare taxes
                     on allocated tips.
                   If you are required to allocate tips, your employees must continue to report
                     all tips to you, and you must use the amounts they report to figure payroll
                     taxes.
                   Employers may participate in the Tip Rate Determination and Education Program.
                     The program primarily consists of voluntary agreements developed to improve
                     tip income reporting by helping taxpayers to understand and meet their tip
                     reporting responsibilities. These voluntary compliance agreements offer many
                     benefits for the employer and the employee. Two of the agreements are the
                     Tip Rate Determination Agreement (TRDA) and the Tip Reporting Alternative
                     Commitment (TRAC). A tip agreement, the Gaming Industry Tip Compliance Agreement
                     (GITCA), is available for the Gaming (casino) industry. Additionally, the
                     IRS is offering an expanded tip reporting and education program for food and
                     beverage industry employers called the Attributed Tip Income Program (ATIP).
                     ATIP has simple enrollment requirements and procedures. To find out more about
                     the program or to identify the IRS contact for your state, call the IRS at
                     1–800–829–4933. To get more information about ATIP, GITCA,
                     TRDA, or TRAC agreements, access the IRS website at www.irs.gov and search
                     for Market Segment Understanding (MSU) agreements: search for keyword "MSU
                     tips". You can also get Publication
                        1461, ATIP - Attributed Tip Income Program.
                   For more information on employer responsibilities, refer to Publication 15, (Circular)
                           E, Employer's Tax Guide. For more information on employee responsibilities,
                     refer to Publication 531, Reporting Tip Income, or Publication 1872 (PDF), Tips on Tips.
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