No Tax on Large Party Tips Act
No Tax on Large Party Tips Act is a Senate bill introduced to clarify how certain customer tips are treated for the purpose of the tax deduction for qualified tips. Specifically, it provides that two categories of tips—(1) tips automatically added to a customer’s bill at the time of payment (often found as auto-gratuity) and (2) tips that are suggested by a business—shall be treated as voluntarily paid by the customer for purposes of the Internal Revenue Code’s qualified-tip deduction (IRC section 224(d)(2)(A)). The intended effect is to preserve or reinforce the view that these tips are not mandatory charges from a tax perspective, which could affect how they are treated for deduction by the tip recipient. The bill’s text provided is limited to this treatment change and does not specify broader provisions beyond this clarification. It was introduced in the 119th Congress by Senator Gallego and referred to the Senate Committee on Finance.
Key Points
- 1Short title: The act may be cited as the “No Tax on Large Party Tips Act.”
- 2Purpose: Clarify how certain tips count for the tax deduction for qualified tips.
- 3Covered tips: Includes (a) tips automatically added to a bill at payment and (b) tips prompted by a business as suggested tipping.
- 4Tax treatment: Both categories “shall be treated as paid voluntarily” for purposes of the qualified-tip deduction under IRC 224(d)(2)(A).
- 5Scope: The change applies specifically to how these tips are treated under the deduction for qualified tips; it does not necessarily create a broad prohibition on tipping or alter wage/tipping rules outside this deduction.