Your 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 day of the month
following the month they received the tips. Employees who receive tips of
less than $20 in a calendar month are not required to report their tips to
you for that month.
Employees must report to you tips received directly from customers, tips
from other employees, and tips that customers charge to their bills. Service
charges that are added to a bill and then paid to your employees are not considered
tips for tax reporting purposes.
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 tax. You must collect
the employee's portion of the Social Security and Medicare taxes and the income
tax. 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 tax 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 Box 13 on the employee's Form W-2 (PDF), Wage and Tax Statement. Also, show
the uncollected amount as an adjustment on your Form 941 (PDF), Employer's Quarterly Federal Tax Return.
When preparing your employee's Form W-2, include wages,
tips and other compensation in Box 1, in Box 3, Medicare wages and tips, and
in Box 7 include Social Security tips.
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 Tips Income and Allocated Tips, 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 the first business day in April if you
are filing electronically) and is filed with the Internal Revenue Service
Center, Andover, MA, 05501.
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 Box 8, 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.
For more information on employer responsibilities, refer to Publication 15 (PDF), Circular
E, Employer's Tax Guide. For more information on employee responsibilities,
refer to Publication 531 (PDF), Reporting Tip Income.
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