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Maximizing Your Savings: Understanding the FICA Tip Credit for Restaurant Owners

Feb 4

5 min read

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Waitress ringing up order on Point-of-Sales system.
Wait Staff reporting tips. When these are reported, the employer has to pay their portion of the payroll taxes. Restaurants are able to take a credit for these taxes paid above the federal wage of $5.15 an hour.

As a restaurant owner, you know that tips are a significant part of your employees' compensation. What you may not realize, however, is that you could be eligible for a valuable tax credit known as the FICA Tip Credit.


This credit is designed to help offset the employer’s portion of Social Security and Medicare taxes on tips received by employees. By taking advantage of this credit, restaurant owners can lower their overall tax burden, putting more money back into the business.


In this blog post, we’ll explain what the FICA Tip Credit is, who qualifies, and how you can take advantage of it to reduce your tax liability.


What is the FICA Tip Credit?


The FICA Tip Credit is a tax credit available to employers who have employees that receive tips as part of their compensation. FICA stands for the Federal Insurance Contributions Act, which is the law that governs Social Security and Medicare taxes. Typically, employers are required to match the Social Security and Medicare taxes that employees pay, which are withheld from their wages.


When your employees receive tips, these tips are subject to FICA taxes. However, the IRS recognizes that tips are often underreported or may not be fully accounted for. As a result, the FICA Tip Credit allows restaurant owners to claim a credit for the employer’s portion of Social Security and Medicare taxes on the tips paid to employees.


Who is Eligible for the FICA Tip Credit?


Restaurant owners and employers in similar service-based industries can claim the FICA Tip Credit if:


  1. The business is subject to FICA taxes: This typically applies to restaurants, bars, hotels, or other establishments where employees are likely to receive tips.

  2. Employees receive tips: To qualify, the employee must earn tips that are reported to the employer and subject to FICA taxes.

  3. The employer pays Social Security and Medicare taxes: The restaurant owner must be paying the employer’s portion of Social Security and Medicare taxes on the tips.

  4. The tips are properly reported: Employees must report their tips to the employer, and the employer must document and account for them correctly.


If these conditions are met, the restaurant owner can claim the FICA Tip Credit, which can lead to substantial tax savings.


How is the FICA Tip Credit Calculated?


The FICA Tip Credit is calculated based on the amount of tips reported by employees and the employer’s FICA tax liability on those tips, past the federal wage per hour of $5.15. The credit is equal to the employer’s portion of Social Security and Medicare taxes on the tips. Here’s how it works in practice as an example:


  • Your tipped employees work a total of 2000 hours in the year. The Federal wage not subject to this credit is $5.15 an hour, for an exclusion of $10,300 ($5.15*2000 hours). The reported wages and tips for the tipped employees in the year is $15,000.


  • The tips eligible for this credit are $4,700 ($15,000-10,300). This amount you will multiply by the employer portion of payroll taxes, 7.65%. The final credit that the employer can claim is about $360 ($4,700 x 7.65%).


The credit reported can be used as a credit against the owners taxes when it comes to do their personal tax return. It is a great way to help out owners decrease their tax liabilities in an industry that already is known for razor-thin margins.


How to Claim the FICA Tip Credit for Restaurants


To claim the FICA Tip Credit, you’ll need to file IRS Form 8846, titled "Credit for Employer Social Security and Medicare Taxes Paid on Employee Tips." This form allows you to report the total tips your employees received, as well as the amount of FICA taxes you paid on those tips.


Form 8846 is filed with your regular business tax return (or Form 1040 for sole proprietors) and must be submitted by the due date of the return, including extensions.

Be sure to keep accurate records of all tip reporting and FICA tax payments. The IRS requires employers to maintain detailed records for at least four years to support any claims made on Form 8846.


Key Benefits of the FICA Tip Credit


  1. Lower Tax Burden: The FICA Tip Credit directly reduces the employer’s tax liability by allowing you to offset the cost of Social Security and Medicare taxes on tips. This can result in significant savings, especially for businesses with many tipped employees.


  2. Increased Cash Flow: By reducing your tax liability, the FICA Tip Credit frees up cash that can be reinvested in your business. You can use the savings for other operational expenses or invest in growth opportunities.


  3. Encourages Accurate Tip Reporting: The credit incentivizes employers to ensure tips are properly reported and documented, which can lead to better compliance with IRS regulations.


  4. No Cap on Claimable Amounts: While there is a minimum threshold for the credit, there is no maximum cap on the amount you can claim. This means the more tips your employees report, the more you can benefit from the credit.


Common Pitfalls to Avoid


While the FICA Tip Credit can offer valuable savings, there are some common mistakes that restaurant owners should be aware of:


  1. Failure to Report Tips Accurately: Employees must report their tips to their employers, and the employer must accurately report those tips to the IRS. Inaccurate or incomplete tip reporting could disqualify you from claiming the credit.


  2. Not Filing Form 8846: Many restaurant owners fail to file the necessary form to claim the credit. It’s essential to file Form 8846 by the tax deadline to take advantage of the FICA Tip Credit.


  3. Missing Documentation: Proper documentation is key to substantiating your claim. Keep detailed records of employee tip reports and any related FICA taxes paid.


Final Thoughts


The FICA Tip Credit is a great opportunity for restaurant owners to reduce their tax liability and maximize savings. By understanding how the credit works and ensuring proper reporting and documentation, you can take advantage of this valuable tax benefit. If you’re unsure whether you qualify or need assistance filing the necessary paperwork, consult with our CPA and setup a meeting before the tax deadline to ensure you're getting the most out of this credit as a restaurant owner.


Taking the time to claim the FICA Tip Credit could result in significant savings for your business, allowing you to focus on what matters most: running a successful restaurant.

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