The FICA tip credit is where money hides
Payroll + sales tax = where the penalties live
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Tip income: the FICA tip credit and 2026 W-2 reporting
Tips fall into two groups for tax purposes. Money a customer chooses to leave is a tip, whether it is cash or added on the card, and it earns the FICA tip credit. A charge the house sets, such as an automatic gratuity on a large party, is not a tip and earns no credit.
Three kinds of payment, two tax treatments
Cash tips
Left by the customer
Charged tips
Added on the card
Service charges
The house sets the amount
Treated as tips
- Earns the FICA tip credit, once it is reported
- Staff can claim the tip deduction
- Stays out of the rate used to work out overtime
Treated as wages
- No FICA tip credit
- No tip deduction for staff
- Raises the overtime rate
Unreported tips produce no credit at all, so the reporting system is what creates the credit.
What the FICA tip credit covers
The credit under section 45B offsets federal income tax by the employer share of Social Security and Medicare paid on eligible tips. It is claimed on Form 8846 and carried to Form 3800, and it is a credit rather than a deduction. Tips used to bring an employee’s cash wage up to a statutory floor are not creditable. Everything above that generally is, at 7.65 percent, dropping to 1.45 percent once an individual passes the Social Security wage base.
What does not count as a tip: service charges and unreported tips
Two things reduce the credit and both are avoidable. Unreported tips produce no credit at all, so the reporting system is what creates the credit. Service charges are not tips: an automatic gratuity the house sets, of the kind added to large parties, counts as non-tip wages, meaning ordinary wages rather than tips, so it earns no credit and it changes the overtime calculation for the employee. Both are reporting problems before they are tax problems.
Example. A party of eight runs up a $400 check. If the guests leave $80 themselves, that is a tip: once it is reported it counts toward the FICA tip credit, and it stays out of the regular rate used to work out that employee’s overtime. If the house adds an $80 automatic gratuity to the same check, the money is non-tip wages: it earns no credit, and it does go into the regular rate for overtime.
New W-2 tip and overtime codes for 2026
The One Big Beautiful Bill Act created employee deductions for qualified tips and overtime, and the IRS added new Form W-2 fields to support them. Code TP reports cash tips, Box 14b reports the tipped occupation, and Code TT reports qualified overtime. Payroll has to populate the fields that apply so staff can claim each deduction.
Code TP
Cash tips
Box 14b
Tipped occupation
Code TT
Qualified overtime
Payroll has to populate the fields that apply so staff can claim each deduction.
[ Have us run the tip credit ]
Tipped payroll under New York's hospitality wage order (Part 146)
Hospitality has its own wage order, Part 146, and the rates changed on 1 January 2026. This is the part of restaurant payroll services that generic providers get wrong.
New York City tipped rates from 1 January 2026
| Classification | Cash wage | Tip credit | Minimum reached |
|---|---|---|---|
| Food service worker Servers and bartenders. Bartenders sit on this tier too. | $11.35 | $5.65 | $17.00 |
| Service employee A different classification, and a different rate. | $14.15 | $2.85 | $17.00 |
Classifying a server as a service employee is the most common payroll error we find, and it underpays them by nearly three dollars an hour.
The tip threshold. For service employees in restaurants, the credit is only available in weeks where tips average at least $3.65 per hour. Below that, the full minimum applies.
Rates effective 1 January 2026. They expire on 31 December 2026, and the state indexes annually from 2027.
Sales tax, commercial rent tax and licenses for New York restaurants
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Format, number of locations, current point of sale and payroll systems, and what is currently late.Systems review
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Weekly, monthly or fully outsourced accounting for restaurants, agreed in writing before work starts.Clean up and chart of accounts
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