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Tax Update 2023: IRS won’t Alter Tip Reporting Regulation

Tax Update 2023: IRS won’t Alter Tip Reporting Regulation
Tax update 2023 - Last week, the Internal Revenue Agency (IRS) suggested a revenue method to crack down on how tips are reported by the service sector. (Photo via AP)

Tax update 2023 – Last week, the Internal Revenue Service (IRS) suggested a revenue method to crack down on how tips are reported by the service sector.

Several people have expressed concern about whether the Inflation Reduction Act, which includes billions in new cash for the IRS, could be used to boost employee audits.

 

Here’s how reporting tips would change under new IRS proposal

The Service Industry Tip Compliance Agreement (SITCA) is intended to replace three existing tip reporting schemes by utilizing income and other data obtained through employer devices. (Photo by Getty Images)

 

According to a recent Fox News piece, the IRS was pursuing workers in another way by “cracking down” on waiters and other service industry workers who failed to record tips.

The Service Industry Tip Compliance Agreement (SITCA) program would be a voluntary tip reporting system in which the IRS and service industry businesses would collaborate. According to the idea, the IRS will wait until early May to start the program after receiving comments from the general public.

 

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The article makes reference to a proposal known as the Service Industry Tip Compliance Agreement (SITCA), implying that it would modify the specifications for tip reporting or broaden worker checks.

 

No, the IRS is not changing tip reporting requirements to crack down on waiters

Several people have expressed concern about whether the Inflation Reduction Act, which includes billions in new cash for the IRS, could be used to boost employee audits. (Photo via https://www.verifythis.com/)

 

Targeting service workers, is the IRS increasing the rules for tip reporting?

No, the IRS is not targeting service workers with changes to tip reporting regulations. The legal specifications for tip reporting are not being changed by the government.

In order to avoid audits, some firms participate in a voluntary program where they agree to disclose tips in specific ways. The IRS is currently seeking feedback on a proposed logistical upgrade to this program.

 

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Employers are typically permitted to pay tipped workers, like restaurant servers, less than the minimum wage, therefore tips frequently make up the majority of their income. So, any modification to the reporting and taxation of gratuities may have a major impact on the amount of income that these employees get.

Since many years ago, tips have been regarded as taxable income and must be recorded as such under federal law. There is currently no plan to alter that.

What is being suggested is a modification to some of the technicalities surrounding how specific companies and employees report that revenue. The plan is still in its early stages, and at this point, the IRS is just interested in hearing from businesses and employees on their preferred methods for handling the logistics.

 

Inflation Tax Adjustments For 2023: What You Need to Know

The standard deduction and tax brackets will be adjusted annually beginning with the 2023 tax year, the IRS stated on Tuesday. These represent a significant rise from 2022. This is a reaction to persistent inflation, which reduces purchasing power while increasing take-home income for some people. (Photo via https://finance.yahoo.com/)

 

What will change?

The IRS became aware in the 1990s that certain service employees and their employers were unable to meet tip reporting standards on their own, leading to unreported revenue and audits. As a result, the agency developed a number of programs into which firms might choose and which were intended to increase adherence to the laws governing tip reporting. Companies had the option to enroll in any of these programs in exchange for the IRS agreeing not to audit the company for its tip reporting procedures.

Tip Rate Determination Agreement or the TRDA is the name of the first program. Employers who participate in this program use a formula to determine how much money their staff members should typically receive in tips. The IRS won’t audit companies or their employees as long as the tips reported to the employer and the IRS meet or exceed that determined rate. The employer must notify the IRS if a worker’s reported tips fall below that amount so that the IRS can audit the worker.

 

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TRAC, short for Tip Reporting Alternative Commitment, is the name of the second initiative. This program does not have a determined rate. Instead, companies must organize frequent training sessions to ensure that staff members are aware of the legal requirements for tip reporting. Also, companies are required to provide their staff with statements that detail the amount of tips they believe the employee should have gotten in a given month. Since TRAC does not have a minimum rate to indicate potential underreporting, the IRS may instead audit an employee if their reporting significantly differs from that of their company.

emTRAC – Employer Tip Reporting Alternative Commitment is the name of the third scheme. Similar to TRAC, with the exception that employers can create their own training programs and statements rather than relying solely on those offered by the IRS.

 

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What is being suggested is a modification to some of the technicalities surrounding how specific companies and employees report that revenue. The plan is still in its early stages, and at this point, the IRS is just interested in hearing from businesses and employees on their preferred methods for handling the logistics. (Photo via https://money.com/)

 

If the IRS learns that an employee or employer isn’t abiding by the terms of the agreement or properly disclosing income, it may decide to conduct an audit of that person or entity under any one of the three programs. It may also decide to remove the business from the program, subjecting it to more frequent audits.

The IRS declared in 2013 that it will collaborate with businesses to create an updated system that takes economic and technological advancements into account. This announcement sparked interest in creating a new program. They have created a plan by 2023 called SITCA (Service Industry Tip Compliance Agreement), which would take the place of the outdated programs. On that idea, the IRS is currently looking for feedback.

 

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Under SITCA, the IRS would make an educated guess as to how many tips each business should have handled overall over the course of a year. It accomplishes this by gathering the raw data of tips paid through the point-of-sale system of the company (such as a cash register or tablet), and then estimating cash tips using a formula. A business is automatically removed from the program and may be subject to audits if it submits less than the calculated number. As with current programs, an employee may be audited if their reported income significantly deviates from what is anticipated.

 

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However, SITCA would leave the reporting requirements for employees alone, as they have never changed. Also, it wouldn’t offer a new enforcement tool and wouldn’t promote more frequent audits. SITCA would effectively just alter the documents that some businesses must complete to ensure that they are in compliance with IRS reporting requirements. Again, company participation would be entirely optional.

Till May 7, 2023, the IRS will accept comments on the proposal.

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