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IRS keeping tabs on restaurant, bar tips

Leaving a tip

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Did you see that story in the New York Times today about the estate tax? The paper found a billionaire who conveniently died this year. Not prematurely or anything -- he was 77 years old. But thanks to a one-year gap in the estate tax, his kids and grandchildren stand to inherit as much as $9 billion, tax free.

Down at the other end of the income spectrum, the IRS is doing all it can to collect what it's owed. The Internal Revenue Service says restaurants and their employees are significantly under-reporting that little extra bit we tack on to our bills -- the tips.


By John Dimsdale

The IRS figures the food and beverage business should be sending in some 200,000 tip disclosure forms every year. But only about a quarter ever show up. The IRS wouldn't go on the record, but said it recently hired an outside contractor to identify slackers and that it's conducting more audits.

Here's the way it's supposed to work: Servers and valets are supposed to report their tips to the boss. The boss reports that cash as employee income. Both the establishment and employees pay taxes on it. But Patrick, a former parking valet in Nashville, who didn't want his last name used, says it didn't worked that way in his experience.

"It was more of a "don't ask, don't tell" policy with ignorance being bliss on both sides," said Patrick.

He says restaurants aren't anxious to pay extra taxes, and neither are workers. The National Restaurant Association wouldn't grant us an interview about IRS compliance, but says it is working to improve tip reporting. A narrow sample of food service workers finds most decide not to report about half their cash gratuities. We granted them anonymity so they would speak freely.

Erik, a former bartender and waiter here in Washington, says he started out reporting all his tips.

"Originally, I was declaring 100 percent until an older server told me I was essentially being a moron," said Erik. "She told me, you never declare all your tips, especially not all of your cash tips."

Tips on credit cards have a paper trail so they have to be reported, but not cash tips. Restaurants say they do advise employees to report all tips -- and Jessica, a former waitress from Upper St. Clair, Penn., says hers did.

"In the break room of the restaurant where I worked, they had an entire wall of posters and a lot of them had to do with reporting your tips and what happens when you don't report your tips correctly," she said. "There were newspaper clippings of people who got investigated by the IRS."

Still, cash transactions have long been an opportunity for tax evasion. Sheldon Cohen started the national tip compliance program when he was IRS commissioner 50 years ago.

"Waiters are not less honest than other people," said Cohen. "They have more opportunity than other people. We discovered it basically doesn't go necessarily with the occupation, it goes with the opportunity."

For example, Cohen says, back when he was commissioner, doctors were frequent tax scofflaws.

"Forty-five or 50 years ago doctors received most of their payments in small amounts," he said. "Doctors' visit was $5 or $10 and people left cash most of the time."

It wasn't long before insurance companies and credit cards put an end to cash changing hands, so doctors had a harder time hiding income. But restaurant servers and bartenders still get an average 40 percent of their tips in cash.

Chris Bergin, publisher of Tax Analysts, says the IRS is under the gun to capture more of that lost revenue.

"We're running huge deficits. We've got an enormous debt," said Bergin. "The IRS is under political pressure to close what's called the "tax gap" and go after people who are not paying their taxes."

But as long as tips are cash, and essentially a private transaction, there may be only so much the IRS can do.

About the author

As head of Marketplace’s Washington, D.C. bureau, John Dimsdale provides insightful commentary on the intersection of government and money for the entire Marketplace portfolio.

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Jim Dun's picture
Jim Dun - Sep 7, 2010

Many great comments. Tip are hard for the IRS for the small businesses to keep track of and were not officially taxable until Ronald Reagan was president. Just go back to that system (per RR) and pay servers minimum wage. I was also a restaurant manager for years, the fact that some diners don't tip and the effect that has on the staff is hard. Tipping is optional and therefore should not be taxed.

Philip Prindeville's picture
Philip Prindeville - Jun 13, 2010

"But thanks to a one-year gap in the estate tax, his kids and grandchildren stand to inherit as much as $9 billion, tax free."

How is it "tax free" exactly if it has already been taxed at the source in the form of either income tax or capital gains tax?

Seems to me they haven't gotten it tax-free. They've simply avoided being "double-dipped" by the government.

Indeed, adding the "insult to injury" of not only losing a family member, but then being taxed a 2nd time on their estate is morally indefensible.

jeff w's picture
jeff w - Jun 11, 2010

I don't blame waiters for under reporting tips as they work for LESS than min wage! I would not want to work the weekends and holidays as they do. Unfortunately they will have less SS income and benefits in the future, having paid less into the system.

Mary Hartman's picture
Mary Hartman - Jun 11, 2010

This story scared me a lot. I'm a catering manager/driver making minimum wage and I've been very careful to report all of my tips to the IRS. However, there have been months when I've slipped up and had to go back through the paperwork to send them the accumulation of a few months tipping. Inevitably, the next paycheck will come to me with the whopping sum of $50...the rest of my income pulled for taxes. It's unfair I guess and it makes paying the rent pretty tough but such is the life of a lower class worker. Mmph. I'm going to watch my paperwork extra well now!

James Reza's picture
James Reza - Jun 11, 2010

Those under-reporting their tips are placing their tax burdens on the shoulders of their fellow citizens - plain and simple. A business either has and teaches a culture of compliance or it does not. In a business with a culture of compliance, those who resist that culture usually don't end up working at that compliant establishment. My business makes it clear from the beginning: We are in compliance, which means that YOU will be in compliance if you work here. The IRS will be after the salon/spa industry next, and what an upheaval that will cause (especially among "independent contractors.") It's time to give that industry a similar FICA credit as was given to the restaurant industry.

Chaz Valenza's picture
Chaz Valenza - Jun 10, 2010

Many here have asked: Why would the IRS bother with server gratuities?

Easy, it a lot of money from both the servers and their employers. Take this example: a patron comes into a restaurant who just won the lottery and plunks down a $10,000 tip. In this case the server owes payroll taxes on $10,000, approximately $3,500, and the employer owes their share of same, approximately $800. (Just federal – not state taxes).

Never happens, right? Wrong. In my little restaurant the equivalent of this one shot $10,000 tip happens approximately ten times a year, but in little drips and drabs to a number of servers.

Servers could owe some serious back taxes. And employers, who have been allowing servers to cheat over the last 5 years could really get hurt just coughing up their employer payroll contribution.

I saw this coming. We use a pooled gratuity system so all the payroll taxes are paid on all gratuities. Servers who want to continue to cheat the IRS balk at our system and refuse job offers. Well, I guess we’ll see who has the last laugh.

BTW, my servers, depending on business, tips and their position average between $12 – 18 per hour.

Jeff F's picture
Jeff F - Jun 10, 2010

Sandi Campbell - the billions left to heirs aren't taxed as income. Inheritance isn't income. It's truly tax-free, which is why it's so disturbing. That said, the IRS is just doing its job - blame Congress for this absurd one-year gap in the "death tax."

Sandi Campbell's picture
Sandi Campbell - Jun 10, 2010

It's a pretty sick system that allows billionaire's to leave -tax free- billions which are now INCOME to the heirs (we tax income in this country, right?) as well as allowing the mega-billionaire hedge fund managers to declare as capital gains when this is clearly part of their compensation for doing their job. We have two tax structures in the US - one for the working poor and dwindling middle class and one for the rich. Guess which group can afford the pricey lawyers and accountants?

Peter K's picture
Peter K - Jun 10, 2010

peoople wouldn't have to 'hide' income if the taxes weren't so onerous. i'm glad the heirs are able to reap the benefits of $9 Billion dollars. i'm sure they'll put it to better use than the government would have.

Tex Texan's picture
Tex Texan - Jun 10, 2010

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Amway is a scam, and here's why: Amway pays out as little money as they can get away with, so they support the higher level IBOs ripping off their downline via the tool scam.

As a result, about 99% of IBOs operate at a net loss, while the top 1% make several TIMES more from their Amway tool scam than from the Amway products. This was made illegal in the UK in 2008, but our FTC is unable to pull their heads out of their butts to stop it here.

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