IRS Proposed Regulations on Tip Income Deduction

Key Highlights

  • The IRS issued proposed regulations (REG‑110032‑25) on the new deduction for tip income created under H.R. 1, the One Big Beautiful Bill Act.
  • To qualify, tips must be voluntary and paid in acceptable forms (cash, check, card, gift card, or mobile payment denominated in cash).
  • Service charges (like automatic gratuities added by restaurants) do not count as qualified tips.
  • Certain specified service trades or businesses (SSTBs), such as health, performing arts, and athletics, are excluded.
  • Under H.R. 1, eligible workers may claim a deduction of up to $25,000 in qualified tips for tax years 2025–2028.
  • Occupations are grouped into eight categories under the Treasury Tipped Occupation
    Code:
    100s – Beverage and Food Service
    200s – Entertainment and Events
    300s – Hospitality and Guest Services
    400s – Home Services
    500s – Personal Services
    600s – Personal Appearance and Wellness
    700s – Recreation and Instruction
    800s – Transportation and Delivery
  • Employees must still pay Medicare and Social Security payroll taxes on tip income, even if deductible.
  • The deduction cap is $25,000 per return. Phase‑out begins at $150,000 modified AGI ($300,000 for joint filers). The $25,000 cap applies per return, whether single, head of household, or married filing separately. For joint filers, the cap is also $25,000, but the phase‑out threshold is higher ($300,000).

Read the full article on Journal of Accountancy


This summary is for informational purposes only and does not constitute legal or tax advice. For authoritative guidance, consult IRS.gov or a licensed tax professional.