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IRS keeping tabs on restaurant, bar tips

A barman pours a cocktail. The IRS says that bars and restaurants are under-reporting the amount of tips they earn, so it's responding with more audits of the tax forms filled by the food and beverage industry. John Dimsdale reports.

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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.

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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Sarah V's picture
Sarah V - Jun 10, 2010

I am currently a server. I have worked many jobs but the service industry is one of the hardest and most unfair to its employees. We earn $2.13 an hour in the state of Texas. The tips we earn are the only way we can survive! Not only that, but restaurants require servers to give back a portion of their tips every night back to their employers. This percentage ranges from 3% to 5% of our gross sales. Not our tips, but our sales! If you didn't tip a server anything to wait on you they would have to pay for you to eat there. The IRS is spending time going after people whose hourly wage is almost $5 dollars less than the minimum wage while letting the wealthiest committ tax evasion by storing assets in off shore accounts! If you are really interested in doing a story inform the public on what servers a really paid. That being said I always claim all my tips minus the percentage I pay back to my employers and the the tip out I give to the plater or someone else assisting the servers. I don't believe I should have to claim on tips that I don't get to keep. Texas has a regressive tax system meaning the poorest are taxed a larger percentage of their income then the wealthiest are. Why? Because people like servers don't have the money to hire lobbyist to hold the ears of our representatives.

lesley Riddell-koch's picture
lesley Riddell-koch - Jun 10, 2010

I believe quoting one of the SNL News report lines, "Seriously, you can not be Serious." Correct me if I am wrong, did any of these people receive TARP bailout? I do not think so. As many of your listeners have posted before me, just going after one person / company within the Wallstreet "club" by fixing the tax loop holes, would collect an infinite amount more than going after 200,000 wait staff. Look's like its time to email my US Rep.& Senators, again.

Rich Homan's picture
Rich Homan - Jun 10, 2010

As a delivery driver for many years, I certainly understand the mindset behind underreporting tips, despite not necessarily agreeing with the act of doing so. It seems to me that the cost of the IRS auditing the hundreds of thousands waiters and waitresses who earn less than minimum wage for the possibility of underreporting tips is not justifiable when they could audit one hyper-wealthy tax evader who could potentially be evading millions of dollars worth of taxes. I'm on the fence about the whole issue, but that's not to say I don't have a cynical attitude toward the government bailing out these banks and insurance companies who knowingly made extremely risky decisions with credit default swaps and sub-prime mortgages. These executives who make millions a year knowingly lead Wall Street into a catastrophe and the government comes to the rescue at the tax payers' expense? Part of me thinks the government doesn't deserve any more of my money, however ill-advised a thought it may be.

jp pierce's picture
jp pierce - Jun 9, 2010

This story certainly cuts close to the bone considering my former profession. But Really! In this era of AIG Bailed-Out-Executive compensation packages and B of A's penny-on-the-dollar settlement for their contribution to our financial distress, you'll focus my attention and your microphone on less than minimum wage tip earners as what ails our country. Give me a break!

joe mama's picture
joe mama - Jun 9, 2010

I have been living the last 4 years of my life off of gratuity. I'm not a crook I am a citizen who earns minimum wage which is NOT a living wage. Gratuity to me is not an undisclosed charge. To me it is compensation for dealing with the most unruly and completely inept portion of the population.
If you were paid minimum wage to deal the bigots of financial society that amass huge amounts of wealth on the basis of essentially "ripping off" the lower class. the taxing system is not equal we should tax the higher income earners more than the people who make minimum wage and have nothing to show for it.

Jared Van Leeuwen's picture
Jared Van Leeuwen - Jun 9, 2010

Gratuity should be made illegal. Period. It's currently used as a way for companies to charge more than what's being advertised; which is false advertisement and illegal. Also, it's a way for employeers to pay their employee's less. Gratuity should be made illegal.

May Kinmony's picture
May Kinmony - Jun 9, 2010

I can't disagree with the fact that there are a lot of people out there who owe tax money...but...wait staff aren't always on the "other end" of the income spectrum.

As a restaurant manager I can assure you that my wait staff makes $12 to $15 in tips...in addition to the $2.83. Most people would be very happy to accept a position at $15 to $18 per hour. If you do that in a warehouse you pay taxes on it...my cooks pay taxes on all of their income.

Are there servers out there that aren't as well off...sure. But a good truck stop waitress can easily make at least $20 an hour...plus that measly $2.83.

paul wood's picture
paul wood - Jun 9, 2010

Yet another example of why the Fair Tax needs to be seriously considered. Rich people can avoid taxes legally and poor people have to break the law.

Eliminate the need to cheat and reduce the number of returns that need to be examined, and you're left with an extremely efficient system in which evasion is very risky, we have a truly progressive tax, and John Q. Public get a fair shake.

Fair Tax now.

Jake Christensen's picture
Jake Christensen - Jun 9, 2010

As an hourly employee myself, I know how much every dollar taken home counts. But I've also known a server who bragged about how they were waiting tables full-time and not declaring tips so they could simultaneously draw unemployment. In the end, work income is work income. If over time you are making thousands of dollars via gratuity, you need to report it and pay your share of income tax.

Ken Yanoviak's picture
Ken Yanoviak - Jun 9, 2010

I believe this is a PR campaign by the IRS to instill fear in everyone that they are out there watching you. Who in this country hasn't eaten at a restaurant and left a tip. These people actually work for a living...lay off them and go after the big money with the off shore tax dodgers...yeah, but again I think it's all about instilling fear.

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