Zero Tax on Tips: What the New Federal Policy Means for Workers and Employers in the Hospitality Industry
ST. LOUIS, MO (STL.News) Zero Tax on Tips – A historic change in U.S. tax policy has officially taken effect, offering long-awaited relief for millions of hospitality workers across the country. As of July 1, 2025, tips received by employees in restaurants, bars, and other service-based industries are no longer subject to federal income tax, thanks to the newly implemented Tax-Free Tips Act of 2025.
This groundbreaking reform, passed as part of the broader Middle-Class Economic Relief Bill, is poised to reshape payroll practices, boost take-home pay for workers, and present new administrative challenges for business owners. While the move has been widely celebrated, it also requires careful navigation to remain compliant with federal and state tax laws.
This article provides a comprehensive guide to the new tax-free tips policy, including when it began, what constitutes a tip, and how to legally report tips under the updated law. Both employees and employers in the restaurant and hospitality industry should read carefully to ensure they’re maximizing benefits while staying within legal boundaries.
When Did the Tax-Free Tips Policy Begin?
The zero federal tax on tips policy officially started on July 1, 2025. This means:
- All tips earned before July 1, 2025, are subject to the old rules and must be taxed as regular income.
- All tips earned on or after July 1, 2025, are exempt from federal income tax.
This mid-year implementation creates the need for clear reporting and accurate separation of taxable and non-taxable tip income in payroll systems.
What Qualifies as a Tip?
The IRS defines a tip as a voluntary extra payment made by a customer to an employee. Common examples include:
- Cash tips are handed directly to employees
- Tips added to credit or debit card charges
- Gratuities collected via third-party platforms (like delivery apps)
- Pooled tips shared among staff
Importantly, mandatory service charges or automatic gratuities (like a 20% charge for large parties) do not count as tips. These are still considered regular wages and must be taxed as such.
Zero Tax on Tips – What the Law Covers—and What It Doesn’t
Under the new federal law:
Exempt from federal income tax:
Tips received on or after July 1, 2025.
Still subject to Social Security and Medicare (FICA) taxes:
Both employees and employers must continue paying these taxes on reported tip income.
Still must be reported to the employer:
Employees must report tips of $20 or more in a calendar month to their employer for proper payroll processing.
Does NOT eliminate the need for tip reporting
Employees are not excused from reporting tips just because they are now tax-exempt at the federal level.
Zero Tax on Tips – Legal Requirements for Employees: Report Tips Accurately
Although tips are now exempt from federal income tax, reporting them remains legally required. Here’s why:
- The IRS still requires accurate reporting to calculate Social Security and Medicare taxes.
- Failure to report tips can result in penalties or disqualification from future Social Security benefits.
- Accurate reporting also protects employees in case of audits or eligibility determinations for government benefits.
Employees must submit a monthly report of tips, commonly using IRS Form 4070 or through digital reporting systems integrated into the restaurant’s payroll platform.
Zero Tax on Tips – Legal Requirements for Employers: Payroll Reporting Responsibilities
Restaurant and hospitality employers across the country, including those in St. Louis, must now adjust their payroll systems and procedures to comply with this new law.
Here’s what employers must do:
1. Continue Collecting Tip Reports
Employers must ensure employees report all tips of $20 or more each month. These reports should be maintained for IRS compliance.
2. Withhold FICA Taxes on Total Earnings
Even though federal income tax is no longer applicable, FICA taxes (Social Security and Medicare) still are. Employers must:
- Calculate FICA on base wages + reported tips
- Withhold the employee portion (7.65%)
- Match the same amount as the employer contribution
3. Update Payroll Software
Payroll providers such as ADP, QuickBooks, and Gusto are rolling out updates to reflect the new federal policy. Employers must:
- Categorize tips received after July 1, 2025, as non-taxable for federal income tax purposes.
- Ensure those tips are still included in the FICA wage base.
Failing to configure payroll properly could result in either over-withholding or underreporting, both of which may trigger IRS scrutiny.
4. Clearly Separate Taxable and Non-Taxable Income on Pay Stubs
Post-July 1 pay stubs should show:
- Base wages (taxable)
- Pre-July 1 tips (if applicable, taxable)
- Post-July 1 tips (non-taxable)
- FICA taxes calculated on total wages + tips
Transparent recordkeeping helps avoid disputes and supports accurate year-end reporting.
Zero Tax on Tips – A Practical Example
Consider a St. Louis server who earned the following in July 2025:
- $1,000 in base wages
- $1,200 in tips (all after July 1)
The payroll breakdown should look like this:
Category | Amount |
---|---|
Taxable Base Wages | $1,000 |
Non-Taxable Tips | $1,200 |
Federal Income Tax | Withheld from $1,000 only |
FICA Taxes (Social Security + Medicare) | Withheld on $2,200 |
Employers must withhold and remit FICA taxes based on the entire $2,200, but federal income tax applies to only $1,000.
Zero Tax on Tips – State and Local Taxes Still Apply (For Now)
While the federal government has eliminated income tax on tips, state and local income tax laws remain unchanged unless they are separately revised.
As of the publication date, the Missouri Department of Revenue has not adopted a parallel policy. That means:
- Missouri state income tax still applies to all tips
- Employees must continue reporting tips as part of their Missouri taxable income
- Employers must withhold Missouri income tax on tip earnings unless the law changes
STL-area restaurants should consult with a local tax expert to ensure they remain compliant with both federal and state requirements.
Zero Tax on Tips – Benefits of Tax-Free Tips
This federal change provides tangible benefits to service industry workers and the restaurant community:
For Employees:
- Larger take-home pay
- Simplified tax returns
- Greater incentive to work in tip-based roles
For Employers:
- Improved employee satisfaction and retention
- Competitive recruiting edge
- Reduced federal withholding burden
However, these benefits are only fully realized when both parties adhere to reporting and compliance obligations.
Zero Tax on Tips – IRS Guidance and Compliance Resources
The IRS has issued guidance to support the rollout of this policy, including:
- IRS Notice 2025-41 – Implementation of the Tax-Free Tips Act
- Publication 531 – Reporting Tip Income
- Form 4070 – Employee’s Report of Tips to Employer
Both employers and employees should review these resources and monitor them for updates.
Final Thoughts: A Positive Step with Responsibilities
The elimination of federal income tax on tips is a monumental win for American workers, particularly those in the hospitality industry. In cities like St. Louis, where restaurants play a central role in local culture and economy, the impact could be transformative.
But this benefit comes with responsibilities. Employees must still report their tips, and employers must carefully manage payroll to remain compliant with federal and state laws.
By staying informed and adapting quickly, restaurant workers and business owners can maximize the benefits of this tax reform—ensuring that a policy intended to help them doesn’t lead to unintended consequences due to poor compliance.
Refer to the St. Louis Restaurant Review article.
Disclaimer: This article is for informational purposes only and does not constitute legal or tax advice about Zero Tax on Tips. Please consult a licensed tax professional or accountant for guidance on your specific situation.
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