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New “No Tax on Tips” Rules-
What Employers Need to Know
The One Big Beautiful Bill Act (OBBBA), enacted July 4, 2025, introduces a temporary federal income tax deduction for qualified tips received by employees in certain occupations where tipping was customary before 2025. This deduction applies for tax years 2025 through 2028, is capped at $25,000 per year, and phases out for higher-income individuals. The IRS and Treasury will publish the official list of qualifying occupations, with a preliminary list already available and the final list is due soon. Notably, health, performing arts, and athletics occupations are excluded, and only voluntary, properly reported tips qualify.
For employers, new reporting requirements begin with the 2026 tax year. Forms W-2 and W-2c will include new boxes for reporting total qualified tips and the occupation code for tipped employees. For 2025, employers can satisfy the voluntary reporting requirements for qualified tips under the new OBBBA rules by taking the following steps:
1) W-2 Reporting (Box 14): Use Box 14 of the 2025 Form W-2 to report the total amount of qualified tips received by each employee. Include a clear description such as “Qualified Tips (OBBBA).” If possible, also note the employee’s occupation, especially if it is on the IRS’s preliminary list of qualifying occupations.
2) Supplemental Year-End Statement: If Box 14 is not used, or for added clarity, provide a separate year-end statement to each employee. This statement should show:
- The total qualified tips received in 2025.
- The employee’s occupation as it relates to the IRS’s preliminary list.
- A note explaining that this information is to help the employee claim the OBBBA deduction on their 2025 tax return.
3) Payroll Records and Pay Stubs: Continue to provide pay stubs or payroll summaries that clearly show reported tip income for each pay period. Maintain detailed payroll records of all reported tips, including dates, amounts, and occupation.
4) Employee Communication: Inform employees that tips are still subject to withholding and FICA for 2025, but they may be able to deduct up to $25,000 in qualified tips if they are in a qualifying occupation. Let them know the information provided will help them claim the deduction, and that more IRS guidance is expected for 2026.
Employers making good faith efforts to comply will have transition relief for 2025, and there are no penalties for reasonable omissions or errors in reporting this year.
Action steps for employers:
- Review and update payroll systems to track tip income and employee occupations.
- Maintain detailed records to support future reporting.
- Monitor IRS guidance for updates, including the final list of qualifying occupations and detailed compliance rules.
These changes are designed to provide tax relief to tipped employees while ensuring accurate employer reporting. Stay tuned for further IRS guidance as implementation details are finalized.
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