- President Trump signed the “One Big Beautiful Bill” into law on July 4, 2025, which includes provisions for no taxes on tips and overtime effective through December 31, 2028.
- Employees who customarily and regularly receive tips can deduct up to $25,000 in tips from their income subject to federal income tax starting January 1, 2025, while businesses must report these tips on Form W-2 for employees and on Form 1099 for nonemployees.
- The act also allows workers to deduct up to $12,500 in overtime pay from their income subject to federal income tax, with businesses required to report qualified overtime compensation on Form W-2 for employees and on Form 1099 for nonemployees.
Before the act, the Internal Revenue Service (IRS) defined all cash and non-cash tips received by an employee as income and subject to federal income taxes. All tips received by an employee in any calendar month were subject to Social Security and Medicare taxes and must be reported to the employer. Consistent with the IRS and federal wage and hour laws, the act defines “qualified tips” as amounts voluntarily paid by patrons and includes any tips obtained through a tip share.
Effective the tax year starting January 1, 2025, employees who “customarily and regularly receive tips on or before December 31, 2024, as provided by the Secretary” (the act mandates the secretary of the treasury (or the secretary’s delegate) to publish a list of occupations which “customarily and regularly received tips on or...
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