IRS Updates
OBBB Qualified Tip Rule is Finalized
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APPLIES TO All Employers with Employees in Traditionally Tipped Occupations |
EFFECTIVE JUN 12, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The One, Big, Beautiful Bill (OBBB) Act established a tax deduction for qualified tips under Section 224 of the Internal Revenue Code. The Internal Revenue Service (IRS) has now issued a final rule defining what constitutes “qualified tips” for purposes of that deduction.
As background, the deduction applies to qualified tips received during the tax year, provided those tips are properly reported on an information return, such as a W-2 or 1099. The deduction is capped at $25,000 per year regardless of filing status and is phased out for higher earners: it is reduced by $100 for every $1,000 of modified adjusted gross income (MAGI) above $150,000 for single filers or $300,000 for joint filers. Married taxpayers must file jointly to claim the deduction, and the SSN of the tip recipient must be included on the return.
Definition of a “Qualified Tip.” The final rule confirms that qualified tips must be cash tips (including cash, check, credit/debit card, gift card, casino chips, foreign currency, or mobile payments denominated in cash, but not digital assets or non-cash items like tickets or meals) received in an occupation that customarily and regularly received tips, as determined based on whether the tips were received in that occupation on or before December 31, 2024.
Critically, a qualified tip must be a voluntary, non-negotiated amount that the customer determines freely, with a genuine option to pay nothing. This means mandatory service charges, automatic gratuities for large parties, and contractually required gratuities are not qualified tips, though any voluntary amount added above such charges can qualify. Tips from illegal activity, prostitution, or pornography are excluded, as are tips received by managers or supervisors through tip pools.
Anti-Abuse Rules and Trade/Business Limits. The final rule emphasizes that an amount is not a qualified tip if, based on all relevant facts and circumstances, it represents a recharacterization of wages or payments for goods or services. Indicators of improper recharacterization may include: a reduction in the charge for services coinciding with a corresponding increase in the reported tip amount; or a significant shift in historical tipping or payment practices between the customer and the tip recipient. There is also an irrebuttable presumption that amounts are not qualified tips when the payor is the tip recipient’s own employer, or when the tip recipient owns 5% or more of the paying entity.
For self-employed individuals, the deduction is further limited to the net income of the trade or business, meaning tips cannot create or increase a business loss. Qualified tips generally must be separately reported on information returns, though a transition rule for tax year 2025 allows them to be included in aggregate reported amounts.
Eligible Occupations. Only tips earned in occupations listed on the Treasury Tipped Occupation Code (TTOC) table qualify for the deduction. The TTOC spans eight broad categories:
- Beverage and Food Service(e.g., bartenders, waitstaff, chefs, baristas);
- Entertainment and Events(e.g., gambling dealers, musicians, DJs, digital content creators, ushers);
- Hospitality and Guest Services(e.g., bellhops, concierges, hotel desk clerks, housekeepers);
- Home Services(e.g., handymen, landscapers, electricians, plumbers, HVAC technicians, locksmiths);
- Personal Services(e.g., caregivers, event planners, photographers, pet groomers, tutors, nannies);
- Personal Appearance and Wellness(e.g., hairstylists, massage therapists, manicurists, trainers, tattoo artists, tailors);
- Recreation and Instruction(e.g., golf caddies, tour guides, ski/tennis instructors); and
- Transportation and Delivery(e.g., valets, rideshare drivers, shuttle drivers, delivery workers, movers).
In response to many public comments, the IRS made only minor modifications to the TTOC list between the proposed and final rule. Notably, the IRS did not remove any occupations from the preliminary list, but it did add three new occupations: Visual Artists (TTOC 509), Floral Designers (TTOC 510), and Gas Pump Attendants (TTOC 810). It also slightly broadened three existing categories: “Food Servers, Non-restaurant” became “Food and Beverage Servers, Non-restaurant,” “Pet Caretakers” became “Pet and Show Animal Caretakers,” and “Eyebrow Threading and Waxing Technicians” became “Eyebrow and Eyelash Technicians.” The IRS rejected requests to add several other occupations to the list, including chiropractors, accountants, tax preparers, concert merchandise sellers, and legal professionals offering sliding-scale services.
The IRS also added several illustrative examples to the final rule, including banquet staff as an example of Wait Staff (TTOC 102), clergy as an example of Event Officiants (TTOC 505), and app- and platform-based delivery persons as an example of Goods Delivery People (TTOC 804). Employers should note that while the TTOC list of qualifying occupations is exhaustive, the illustrative examples are not, and accordingly, other jobs may still fall within a listed occupation category even if not explicitly named.
It is also worth noting that the IRS has distinguished between qualifying occupations under the OBBB and tipped occupations under the Fair Labor Standards Act (FLSA). The IRS emphasized that “the inclusion of occupations as tipped occupations under [the OBBB] has no bearing or effect on what occupations are considered tipped for purposes of the FLSA.” In practical terms, this means that back-of-house employees (e.g., dishwashers and cooks) appear on the TTOC qualifying occupation list and may be eligible for the deduction, even though they do not qualify for the FLSA tip credit. Employers should be careful not to conflate the two frameworks.
Employees in Multiple Occupations. The Final Rule explained that when an employee works in two different occupations for the same employer, but only one of those occupations qualifies for the deduction, only tips received in that occupation may be claimed as qualified tips. For example, if a restaurant manager (a non-qualifying occupation) occasionally performs duties as wait staff (a qualifying occupation), they may claim the deduction for tips received directly from customers for services they directly and solely provide in their capacity as waitstaff. A tip received by that same manager in their capacity as a manager would not qualify.
Sunset. The deduction applies to tax years beginning after December 31, 2024, and sunsets after December 31, 2028. Employers in affected industries should note the sunset date when planning for future payroll and reporting practices.
Action Items
- Review the final rule here.
- Identify and track qualified tips for tax reporting.
- Have appropriate personnel trained on the requirements.
IRS Launches Whistleblower Alerts
On April 17, 2026, the IRS issued its first Whistleblower Alert flagging the misuse, diversion, or fraudulent use of federal funds by tax-exempt organizations, individuals, and businesses as a high-priority area. Whistleblower Alerts are intended to highlight high-risk areas of noncompliance and encourage individuals with firsthand knowledge to share credible, timely information with the IRS. Individuals who report specific, credible, and timely information about suspected tax fraud or misconduct may be eligible for a monetary award of up to 30% of the proceeds collected by the IRS based on their information. Whistleblowers may remain anonymous, but must identify themselves to be considered for a monetary award. The IRS Whistleblower Office has indicated it intends to issue additional alerts as other high-risk areas emerge.
IRS Publishes Updated FAQs on Educational Assistance Programs
On April 20, 2026, the IRS updated its Frequently Asked Questions (FAQs) on Educational Assistance Programs under section 127 of the Internal Revenue Code. The revised FAQs reflect several notable changes driven by the OBBB, including:
- Permanent Benefit.The prior version of the FAQs treated employer payments of principal or interest on employees’ qualified education loans as a temporary benefit set to expire January 1, 2026. That expiration has been removed, and the benefit is now a permanent feature of Section 127 programs.
- Exclusion Limits.Beginning with taxable years after 2026, the $5,250 annual cap on tax-free educational assistance will be adjusted for cost-of-living increases.
- Disclosure of Plan Terms.Previously, employers were only required to inform employees whether a Section 127 plan existed. Employers are now required to also communicate the terms of the plan to employees.
- Educator Expenses. Educator expenses are now also deductible as itemized deductions starting in 2026, in addition to the existing above-the-line deduction.
Employers with Section 127 educational assistance programs should review their plan documents and employee communications in light of these updates.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase
