New IRS policy taxes automatic tips for waiters

Practical and Practice issues for Professionals who practice in the area of taxation. Moral, social and economic issues relating to taxes, including international issues, the U.S. Internal Revenue Code, state tax issues, etc. Not for "tax protestor" issues, which should be posted in the "tax protestor" forum above. The advice or opinion given herein should not be relied on for any purpose whatsoever. Also examines cookie-cutter deals that have no economic substance but exist only to generate losses, as marketed by everybody from solo practitioner tax lawyers to the major accounting firms.
AFTP
The Voice of a Free Quatloosia
Posts: 228
Joined: Thu Nov 18, 2004 4:19 am
Location: 1040-USA

New IRS policy taxes automatic tips for waiters

Post by AFTP »

Whenever you hear a man speak of his love for his Country, it is a sign he expects to be paid for it. – H. L. Mencken

Death and Taxes. Ya Think?
AndyK
Illuminatian Revenue Supremo Emeritus
Posts: 1591
Joined: Sun Sep 11, 2011 8:13 pm
Location: Maryland

Re: New IRS policy taxes automatic tips for waiters

Post by AndyK »

Tips have always been taxable income; except that, in most cases, they were self-reported by the employee AND were not considered employment income in the sense of Social Security and so on.

NOTE: The self-reported aspect has received the attention of the IRS many times in industries such as gambling casino employees and wai-staff at high-priced restaurants.

In any case, the only change is that the IRS is now going to view "automatic tips" (that sneaky percentage added to your bill when you are a member of a 'large' group dining together) as income from the employer -- subject to all the mandatory withholdings and employer matches.
Taxes are the price we pay for a free society and to cover the responsibilities of the evaders
LaVidaRoja
Basileus Quatlooseus
Posts: 841
Joined: Mon Sep 01, 2008 12:19 am
Location: The Land of Enchantment

Re: New IRS policy taxes automatic tips for waiters

Post by LaVidaRoja »

I remember working some of the early tip projects. When the initial tip reporting legislation came in, I wrote my first letter to my Congressman asking him (he opposed the legislation) whether he believed that not all people should have to report all of their income.
I WISH all of the states would follow California's lead (NO reduction in minimum wage for tipped employees) and we could go to the European style "tip included" paying for tipped services.
Little boys who tell lies grow up to be weathermen.
User avatar
Gregg
Conde de Quatloo
Posts: 5631
Joined: Fri May 21, 2004 5:08 am
Location: Der Dachshundbünker

Re: New IRS policy taxes automatic tips for waiters

Post by Gregg »

Many years ago working as a serving slave we, even in the late 70s, had a sales report every shift that totalled what we "sold" that night. The rule back then was you had to report 8% of your net sales (food sales NOT including liquer sales, which you had to PAY 8% of to the bartenders) in order to avoid the restaurant getting the IRS interested. Without saying, the amount you claimed every night had to also total enough that you made regular (non-tipped employee) minimum wage.

The thing I remember was the restaurants were all pretty hard core about enforcing this, because the IRS and the State were holding them to some standard and no-one was really interested in hassling servers. One nationally famous place got into some trouble for it sometime around 80-81 maybe, but no employees got in much trouble as I recall.

"Auto tips" were always reported, per se, but if I got X on a big table it just meant, as far as the amount reported went, that I made a bit less everywhere else, because I reported EXACTLY 8% every night. Even when I delivered pizza in Cambridge on a bicycle, which is another story altogether... :oops:
Supreme Commander of The Imperial Illuminati Air Force
Your concern is duly noted, filed, folded, stamped, sealed with wax and affixed with a thumbprint in red ink, forgotten, recalled, considered, reconsidered, appealed, denied and quietly ignored.
JamesVincent
A Councilor of the Kabosh
Posts: 3055
Joined: Sat Oct 23, 2010 7:01 am
Location: Wherever my truck goes.

Re: New IRS policy taxes automatic tips for waiters

Post by JamesVincent »

When I waited tables we ran a Z report at the end of the night, which gave you your total sales amount, any tips owed to the bartender, and gave a recommended, not required, claimed amount for tax purposes. We then filled in whatever we felt like and went home. I never worked for a restaurant that did a mandatory tip amount for large groups, the last one I worked at was Ruby Tuesday's in the early 90s.
Disciple of the cross and champion in suffering
Immerse yourself into the kingdom of redemption
Pardon your mind through the chains of the divine
Make way, the shepherd of fire

Avenged Sevenfold "Shepherd of Fire"
Number Six
Hereditary Margrave of Mooloosia
Posts: 1231
Joined: Fri Aug 29, 2008 6:35 pm
Location: Connecticut, "The Constitution State"

Re: New IRS policy taxes automatic tips for waiters

Post by Number Six »

It is relatively easy to do tracking with credit card and check tips and other payments, not so much with the cash that I see almost universally proffered and demanded by businesses that claim to not want to pay the %s with non-cash transactions, but in many cases are just trying to operate on the "honor system" that is anything but. And the petty tax cheats are usually quite outspoken on the major tax rip off artists.
'There are two kinds of injustice: the first is found in those who do an injury, the second in those who fail to protect another from injury when they can.' (Roman. Cicero, De Off. I. vii)

'Choose loss rather than shameful gains.' (Chilon Fr. 10. Diels)
AFTP
The Voice of a Free Quatloosia
Posts: 228
Joined: Thu Nov 18, 2004 4:19 am
Location: 1040-USA

Re: New IRS policy taxes automatic tips for waiters

Post by AFTP »

Part of the complaint in the video was, suppose I got crappy service and didn't want to leave a tip?

Not only do they get a tip anyway but now the employer has to fork out to the IRS money that otherwise wouldn't have happened.
Sounds unfair to all except the waiter. :?
Whenever you hear a man speak of his love for his Country, it is a sign he expects to be paid for it. – H. L. Mencken

Death and Taxes. Ya Think?
User avatar
Gregg
Conde de Quatloo
Posts: 5631
Joined: Fri May 21, 2004 5:08 am
Location: Der Dachshundbünker

Re: New IRS policy taxes automatic tips for waiters

Post by Gregg »

AFTP wrote:Part of the complaint in the video was, suppose I got crappy service and didn't want to leave a tip?

Not only do they get a tip anyway but now the employer has to fork out to the IRS money that otherwise wouldn't have happened.
Sounds unfair to all except the waiter. :?
well, yes and no. I always did, and still do, look at it as having to pay taxes on 8% of the check no matter what tip I (or the server) gets.
Supreme Commander of The Imperial Illuminati Air Force
Your concern is duly noted, filed, folded, stamped, sealed with wax and affixed with a thumbprint in red ink, forgotten, recalled, considered, reconsidered, appealed, denied and quietly ignored.
AFTP
The Voice of a Free Quatloosia
Posts: 228
Joined: Thu Nov 18, 2004 4:19 am
Location: 1040-USA

Re: New IRS policy taxes automatic tips for waiters

Post by AFTP »

But in this case you lose the OPTION not to pay because the service was bad.
Whenever you hear a man speak of his love for his Country, it is a sign he expects to be paid for it. – H. L. Mencken

Death and Taxes. Ya Think?
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos

Re: New IRS policy taxes automatic tips for waiters

Post by Judge Roy Bean »

Just in case anyone has forgotten, there is this wonderful thing called folding money that can be used to reward outstanding service. :)
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three