PolicyBrief
S. 129
119th CongressJan 16th 2025
No Tax on Tips Act
IN COMMITTEE

The "No Tax on Tips Act" allows an annual deduction for up to $25,000 in qualified tips for traditional tipped occupations and extends a tax credit for employer Social Security taxes paid on employee tips to beauty service establishments.

Ted Cruz
R

Ted Cruz

Senator

TX

LEGISLATION

No Tax on Tips Act: New Bill Could Mean Up to $25,000 in Deductions for Tipped Workers, Starting 2025

The "No Tax on Tips Act" aims to give tipped workers a break on their taxes, and it might shake things up for businesses, too. Here's the deal:

Tip Jar Tax Break

This bill introduces a new tax deduction specifically for "qualified tips." Think waiters, bartenders, and, as of a key change in this bill, folks in the beauty industry – barbers, nail techs, estheticians, and those providing body and spa treatments. If you're in one of these roles (and the Treasury Secretary confirms your occupation is on the list within 90 days of the Act passing), you could deduct up to $25,000 in cash tips from your taxable income each year. That means more money in your pocket, straight up. One catch, though: If you're a high earner—specifically, if your compensation from your employer exceeded the amount in section 414(q)(1)(B)(i) of the tax code in the previous year—you're not eligible for this deduction. This provision kicks in for the 2025 tax year.

Example: A server making $30,000 in base pay and $20,000 in cash tips could deduct the entire $20,000, significantly lowering their tax bill. A hairstylist earning $40,000 in base pay and $30,000 in tips could only deduct $25,000, but that is still a major tax savings. However, a restaurant manager with a salary of $150,000 and $10,000 in tips, wouldn't qualify because of their high overall compensation.

Beauty Biz Bonus

Section 3 of the bill is a big win for beauty service businesses. It extends an existing tax credit – usually for restaurants – to them. This credit covers a portion of the employer's Social Security taxes paid on employee tips. So, salon owners, barbershop owners, and spa owners get a financial break, potentially freeing up cash for other investments.

Example: A salon owner who pays Social Security taxes on $50,000 of employee tips could see a significant reduction in their tax liability, thanks to this expanded credit.

The Fine Print & Potential Challenges

While the bill sounds good on the surface, here are a few things to keep an eye on:

  • The Secretary's List: The Secretary of the Treasury gets to decide which occupations really count as "traditionally tipped." This means there's some wiggle room, and potential for some jobs to be left out. (SEC. 2)
  • Minimum Wage Math: The bill keeps the 2007 minimum wage as the reference point for calculating the existing tip credit for food and beverage establishments (SEC. 3). This might create some weirdness or inequalities compared to other industries.
  • Defining "Beauty": While the bill lists some specific beauty services (barbering, nail care, esthetics, body/spa treatments), there's always room for interpretation. Will some specialized services fall through the cracks? (SEC. 3)
  • High Earner Exclusion: While the $25,000 cap already limits the deduction, the additional exclusion for highly compensated employees narrows the benefit further. (SEC. 2)

Overall, the "No Tax on Tips Act" offers a targeted tax break with potential benefits for many tipped workers and beauty businesses. However, the details of implementation and the Secretary of the Treasury's decisions will be crucial in determining its real-world impact.