Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Author: Scott H. Novak

Date: January 28, 2026

Key Contacts

Back
What workers and employers need to know about the new tip income tax imposed by the One Big Beautiful Bill.

Part 2 – Tips Excluded from Income

Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross income ($300,000 for joint filers).

Importantly, the deduction applies only for income tax purposes, not for FICA taxes. Only tips that are properly reported as income may be deducted, and only if they qualify as “qualified tips” under the new rules.

What Are “Qualified Tips”?

To qualify for the income tax deduction, a tip must meet specific criteria. A “qualified tip” must be:

  • Paid voluntarily by the customer
  • Free from compulsion, with no adverse consequence for nonpayment
  • Determined solely by the customer

For example, many restaurants automatically add an 18% gratuity for parties of six or more. That amount is not a qualified tip. If a customer voluntarily adds an additional 5%, that additional amount may qualify, but the mandatory 18% does not.

Similarly, point-of-sale (POS) systems must allow customers to decline a tip. If a POS device prevents a transaction from being completed unless a tip is selected, the tip is not considered voluntary and therefore is not qualified.

Who Is Eligible to Deduct Tips?

Only workers in certain occupations are eligible to deduct tips from income. Proposed Treasury Regulations limit eligibility to occupations in which tipping is customary and include a defined list of qualifying roles.

Some occupations commonly associated with tipping are included, such as:

  • Restaurant workers
  • Valet car parkers
  • Hair stylists and manicurists
  • Spa workers
  • Golf caddies

Less expected occupations also appear on the list, including digital content creators and certain entertainment-related roles such as musicians, singers, comedians, and dancers.

However, specified service businesses are excluded. These include professions such as law, accounting, health care, investment management, sports, and the performing arts. As a result, workers engaged in those fields generally may not deduct tips.

The Specified Service Business Carve-Out

The exclusion for specified service businesses applies at the business level, not the individual worker level, leading to nuanced outcomes.

For example:

  • A musician receiving tips while performing in a hotel lobby may deduct those tips because the hotel is not a performing arts business.
  • A comedian performing at an entertainment venue may not deduct tips because the business itself is engaged in the performing arts.
  • Waiters and bartenders employed directly by a performing arts venue may be ineligible.
  • However, if those same workers are employed by a third-party foodservice operator providing concessions at a theater, the tips may qualify because the employer is not a specified service business.

Yes — these rules can require very fine distinctions, and careful analysis will be essential.

How This Fits with Other Tax Changes

This article builds on our prior discussion of overtime-related tax changes under the One Big Beautiful Bill. For a breakdown of the new overtime tax deduction rules and employer reporting obligations, see Part 1 – New Overtime Tax Rules Employers & Employees Need to Know:
https://scarincihollenbeck.com/law-firm-insights/overtime-tax-deduction-one-big-beautiful-bill

Conclusion

The new tip income exclusion rules introduce technical definitions, occupation-based limitations, and fact-specific distinctions that may significantly affect both workers and businesses. For guidance on how these changes may apply to your workforce, compensation structure, or tax planning strategy, contact Scott Novak to discuss your specific circumstances.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!