No Tax on Tips: How Recent U.S. Law Affects Service Workers—and You

No Tax on Tips: How Recent U.S. Law Affects Service Workers—and You

Learn how the new No Tax on Tips law under the 2025 One Big Beautiful Bill lets service workers deduct up to $25,000 in reported tips. See who qualifies, how to claim it, and key employer rules.

No Tax on Tips: How Recent U.S. Law Affects Service Workers—and You

On July 4, 2025, Congress passed the One Big Beautiful Bill Act of 2025 (OBBB), a sweeping tax package that included a landmark provision for service industry employees: the “No Tax on Tips” deduction. Folded into OBBB’s Section 70201, the law allows eligible workers to deduct up to $25,000 of reported tips from their federal taxable income for tax years 2025 through 2028.

This long-debated measure, sometimes referred to as the “No Tax on Tips Act,” fundamentally changes how service workers—from bartenders and servers to stylists and bellhops—calculate their taxable income. While Social Security and Medicare taxes still apply, the federal income tax relief could add up to meaningful savings for millions of workers.

Here’s everything you need to know.

What Changed in 2025

The new law introduces a federal income tax deduction for “qualified tips.” Here are the highlights:

  • Deduction limit: Up to $25,000 of reported tips per year.
  • Phase-out thresholds: Begins once Modified Adjusted Gross Income (MAGI) exceeds $150,000 (single) or $300,000 (married filing jointly).
  • Eligibility period: Tax years 2025–2028 only, unless Congress extends it.
  • Who qualifies: Employees and some self-employed individuals in occupations that the IRS determines were “customarily and regularly tipped” on or before December 31, 2024.

  • Who doesn’t qualify:
    • Married couples who file separately.
    • Workers or contractors tied to Specified Service Trades or Businesses (SSTBs) (defined under IRC §199A).
    • High-income taxpayers above the phase-out range.

✅ Crucially, this deduction is available to all taxpayers—whether you itemize or take the standard deduction.

What Counts as “Qualified Tips”?

The IRS defines qualified tips as:

  • Voluntary cash or charged tips received directly from customers.
  • Tips received through tip-sharing or pooling.
  • Properly reported tips on a Form W-2, Form 1099, or via Form 4137 (used for unreported tips).

🚨 Important: The law does not change FICA (Social Security and Medicare) tax rules. All tips remain subject to payroll taxes, and state/local treatment may differ.

The IRS will publish the official list of eligible occupations no later than October 2, 2025. Until then, transitional relief applies for 2025 filings.

How to Claim the Deduction

You’ll first report all tips exactly as before:

  • Report tips to your employer (if employed). If some tips weren’t reported, you’ll use Form 4137 to pay the FICA portion.

  • When filing your 2025 return in early 2026, you’ll enter the eligible tips deduction. The IRS will specify the line placement on Form 1040 once finalized.

  • Apply the deduction even if you take the standard deduction—it’s a standalone adjustment.

📌 No changes to 2025 withholding. The IRS has stated that paychecks will look the same this year. Workers will see the tax benefit only at filing time. Future years (2026–2028) may see updated withholding tables.

💡 Practical Examples

Example 1: Restaurant Server

  • Wages: $35,000
  • Tips: $12,000 (all reported)
  • Deduction: Full $12,000, reducing taxable income to $35,000.

Example 2: Bartender

  • Wages: $40,000
  • Tips: $32,000
  • Deduction: Capped at $25,000. $7,000 of tips remain taxable.

Example 3: Self-Employed Stylist

  • Gross receipts: $60,000 (including $8,000 in tips)
  • Expenses: $50,000
  • Net income: $10,000
  • Deduction: Limited to $8,000, but never more than the $10,000 net income.

What Employers Should Know

OBBB also adds new reporting obligations for employers:

  • Year-end reporting: Businesses must file new information returns with the IRS/SSA showing cash tips received and the worker’s occupation.
  • 2025 transitional relief: Employers should continue current reporting and withholding procedures until further IRS instructions.
  • Tip tracking: Update POS and payroll systems to ensure accurate records of tips, pooling arrangements, and occupations.
  • Employee education: Make clear to staff that FICA taxes still apply; the benefit comes later at filing.

👉 Employers can monitor IRS updates through the Employment Taxes section of IRS.gov.

📌 Strategic Planning Tips

  • Track tips carefully. Documentation reduces IRS scrutiny and ensures you get the full deduction.

  • Watch MAGI thresholds. If you’re near $150k/$300k, consider tax-advantaged moves like 401(k) contributions, HSA funding, or business expense timing to stay under the limit.

  • Self-employed caution. Remember the net-income cap—your deduction can’t exceed your pre-deduction profit.

  • State differences matter. Some states conform automatically to federal law, while others may opt out. Check your state revenue department’s guidance.

The Policy Debate

Supporters argue the deduction puts more money in the pockets of service workers and incentivizes accurate tip reporting. Critics counter that the benefit may be modest for lower-income workers who already pay little federal income tax, while higher earners in the service industry may benefit most.

The Joint Committee on Taxation estimates the fiscal cost of this provision is small relative to the overall OBBB package (Politico).

What to Watch Next

  • IRS Occupation List: Expected by October 2, 2025.
  • New IRS Forms/Instructions: Anticipated for the 2025 Form 1040.
  • Employer Compliance Guidance: Updates to reporting rules and payroll systems.
  • Possible Extension: The deduction is set to expire after 2028; political debates may extend or alter it.

Bottom Line

The No Tax on Tips deduction is one of the most immediately impactful provisions of the One Big Beautiful Bill Act of 2025. For tipped workers, it represents a rare, targeted benefit in the tax code—potentially worth thousands in savings each year.

But it’s not automatic: eligibility depends on your occupation, reported tips, and income level, and the benefit expires after 2028 unless Congress acts. For now, the smartest move is to track tips diligently, monitor IRS updates, and plan ahead for how this deduction fits into your broader tax strategy.

If you’re unsure how the law applies to you—or to your business—consider speaking with a qualified CPA or tax advisor who follows the latest OBBB guidance.

Next Step: Bookmark the IRS OBBB Provisions Page for updates, and check back with Vincere Tax for practical strategies on how to maximize this and other new 2025 tax benefits.

Frequently Asked Questions: 

1. Do credit-card or Venmo tips count?

Yes, if they’re voluntary and reported on a W-2, 1099, or Form 4137.

2. Will my paycheck show less tax withheld?

Not for 2025. The benefit comes when you file your return.

3. Can married filing separately taxpayers use this deduction?

No. You must file jointly if married.

4. Does this apply to independent contractors?

Yes, but only up to your net business income, and not if your trade is an SSTB.

5. What about state taxes?

Depends on your state’s conformity with federal law. Many will wait until 2026 legislative sessions to decide.

I hope this information was helpful! If you have any questions, feel free to reach out to us here. I’d be happy to chat with you. 

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This post is just for informational purposes and is not meant to be legal, business, or tax advice. Regarding the matters discussed in this post, each individual should consult his or her own attorney, business advisor, or tax advisor. Vincere accepts no responsibility for actions taken in reliance on the information contained in this document.

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