The IRS has finalized the rules behind the "No Tax on Tips" provision created under the One, Big, Beautiful Bill (OBBBA), providing long-awaited clarity for employers and workers in tipped occupations. The new guidance identifies which occupations qualify, what counts as a qualified tip, and how those tips must be reported to allow workers to claim the deduction.
If your organization employs tipped workers, now is the time to understand how these rules may impact payroll reporting, employee questions, and year-end processes.
Beginning with the 2025 tax year, eligible workers may deduct qualified tips reported on their tax return. The deduction is available through 2028 and applies to both employees and certain self-employed individuals who work in qualifying tipped occupations.
The deduction:
Originally, one of the biggest questions surrounding the legislation was which workers would actually qualify.
The IRS has now published a formal list of more than 70 occupations that customarily and regularly received tips on or before December 31, 2024.
These occupations are organized into eight categories. The following chart breaks down these categories, and provides examples of covered occupations.
No Tax on Tips Industry |
Examples of Covered Occupations |
| Beverage and Food Service | Bartenders, Wait staff, Food delivery workers, Counter attendants, Baristas, and similar service workers |
| Entertainment and Events | Casino workers, Event attendants, Valet services connected to entertainment venues |
| Hospitality and Guest Services | Hotel staff, Bell attendants, Concierge personnel |
| Home Services | Certain moving and home-service occupations where tipping is customary |
| Personal Services | Visual artists, Floral designers, and other customer-facing service providers where tipping is customary |
| Personal Appearance and Wellness | Hair stylists, Barbers, Nail technicians, Spa professionals |
| Recreation and Instruction | Personal trainers, Recreation instructors, and certain activity guides and coaches |
| Transportation and Delivery | Drivers, Water taxi operators, Gas pump attendants, Delivery workers |
Not every payment labeled as a tip qualifies. According to the IRS, qualified tips must meet several requirements:
Qualified Tips Must Be:
✅ Voluntarily paid by the customer
✅ Not negotiated in advance
✅ Paid in cash or a cash-equivalent form, such as:
✅ Received directly from customers or through a tip-sharing arrangement or tip pool
✅ Properly reported on tax forms or by the worker
Qualified Tips Do NOT Include:
❌ Mandatory service charges
❌ Automatic gratuities that customers cannot modify or remove
❌ Payments that are negotiated as part of the service price
❌ Amounts that are not properly reported for tax purposes
For example, a restaurant's automatic 18% charge added to large-party bills generally does not qualify if the customer has no ability to adjust or decline the charge.
While the deduction belongs to employees, employers still play an important role.
Organizations with tipped workers should consider:
Reviewing tip reporting processes.
Taking additional measures to ensure tip reporting remains accurate, as employees can only claim the deduction on properly reported qualified tips.
Evaluating service charge practices.
Businesses that use automatic gratuities or service charges should understand that these payments may not qualify as deductible tips for employees.
Many employees will hear "No Tax on Tips" and assume all tip income qualifies. Employers should be prepared to explain that eligibility depends on occupation, reporting requirements, and the nature of the payment.
The IRS has indicated that employers and payors will be required to report certain tip-related information, including occupational classifications. Additional guidance and reporting requirements continue to evolve.
The IRS has now provided the framework employers and workers have been waiting for. The final regulations establish who qualifies for the "No Tax on Tips" deduction and what types of payments count as qualified tips.
For employers, the focus remains on accurate payroll reporting, proper classification of tipped workers, and ensuring employees understand the difference between voluntary tips and service charges.
As additional guidance continues to be released, organizations that employ tipped workers should review their current practices now to avoid confusion during tax season.
“No Tax on Tips” refers to the available tax deduction for eligible workers and their qualified tips reported on their tax return. The deduction is available through 2028 and applies to employees and certain self-employed individuals working in qualifying tipped occupations. The maximum annual deduction is $25,000.
Beginning with the 2025 tax year, eligible workers may receive tax deductions for qualified tips received through 2028.
The IRS has identified more than 70 occupations that customarily and regularly received tips on or before December 31, 2024. Covered occupations include bartenders, wait staff, baristas, hotel staff, hair stylists, barbers, nail technicians, personal trainers, drivers, delivery workers, and other tipped service workers.
Qualified tips must be voluntarily paid by the customer, not negotiated in advance, and paid in cash or a cash-equivalent form. This can include cash, credit or debit card tips, electronic payment apps, and certain gift cards or tokens redeemable for cash. Tips must also be properly reported for tax purposes.
Generally, no. Mandatory service charges, automatic gratuities that customers cannot modify or remove, and payments negotiated as part of the service price do not qualify as qualified tips. For example, an automatic 18% charge on a restaurant bill generally does not qualify if the customer cannot adjust or decline it.
No. Eligibility depends on the employee's occupation, how the payment was made, whether the tip was voluntary, and whether it was properly reported. Not every payment labeled as a tip qualifies for the deduction.
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If you're evaluating how changes like the No Tax on Tips rules impact your payroll processes, we're here to help make it easier. Contact us today to learn more.
Reference: IRS Newsroom