S129-119

1. Short title This Act may be cited as the No Tax on Tips Act.

2. Deduction for qualified tips Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: There shall be allowed as a deduction an amount equal to the qualified tips received during the taxable year that are included on statements furnished to the employer pursuant to section 6053(a). The deduction allowed by subsection (a) for any taxpayer for the taxable year shall not exceed $25,000. For purposes of this section— The term qualified tip means any cash tip received by an individual in the course of such individual's employment in an occupation which traditionally and customarily received tips on or before December 31, 2023, as provided by the Secretary. Such term shall not include any amount received by an individual in the course of employment by an employer if such individual had, for the preceding taxable year, compensation (within the meaning of section 414(q))(4) from such employer in excess of the amount in effect under section 414(q)(1)(B)(i). Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall publish a list of occupations which traditionally and customarily received tips on or before December 31, 2023, for purposes of section 224(c)(1) of the Internal Revenue Code of 1986 (as added by paragraph (1)). The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as relating to section 225 and by inserting after the item relating to section 223 the following new item: Section 63(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting and, and by adding at the end the following new paragraph: the deduction provided in section 224. Section 67(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting , and, and by adding at the end the following new paragraph: the deduction under section 224 (relating to qualified tips). Section 68(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and, and by adding at the end the following new paragraph: the deduction under section 224 (relating to qualified tips). The Secretary of the Treasury (or the Secretary's delegate) shall modify the tables and procedures prescribed under section 3402(a) of the Internal Revenue Code of 1986 to take into account the deduction allowed under section 224 of such Code (as added by this Act). The amendments made by this section shall apply to taxable years beginning after December 31, 2024. 224.Qualified tips(a)In generalThere shall be allowed as a deduction an amount equal to the qualified tips received during the taxable year that are included on statements furnished to the employer pursuant to section 6053(a).(b)Maximum deductionThe deduction allowed by subsection (a) for any taxpayer for the taxable year shall not exceed $25,000. (c)Qualified tipsFor purposes of this section—(1)In generalThe term qualified tip means any cash tip received by an individual in the course of such individual's employment in an occupation which traditionally and customarily received tips on or before December 31, 2023, as provided by the Secretary.(2)Exclusion for certain employeesSuch term shall not include any amount received by an individual in the course of employment by an employer if such individual had, for the preceding taxable year, compensation (within the meaning of section 414(q))(4) from such employer in excess of the amount in effect under section 414(q)(1)(B)(i).. Sec. 224. Qualified tips.. (5)the deduction provided in section 224.. (13)the deduction under section 224 (relating to qualified tips).. (4)the deduction under section 224 (relating to qualified tips)..

3. Extension of credit for portion of employer social security taxes paid with respect to employee tips to beauty service establishments Section 45B(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: In applying paragraph (1) there shall be taken into account only tips received from customers or clients in connection with the following services: The providing, delivering, or serving of food or beverages for consumption, if the tipping of employees delivering or serving food or beverages by customers is customary. The providing of beauty services to a customer or client if the tipping of employees providing such services is customary. Section 45B of such Code is amended by adding at the end the following new subsection: For purposes of this section, the term beauty service means any of the following: Barbering and hair care. Nail care. Esthetics. Body and spa treatments. Section 45B(b)(1)(B) of the Internal Revenue Code of 1986 is amended— by striking as in effect on January 1, 2007, and; and by inserting , and in the case of food or beverage establishments, as in effect on January 1, 2007 after without regard to section 3(m) of such Act. The amendments made by this section shall apply to taxable years beginning after December 31, 2024. (2)Application only to certain lines of businessIn applying paragraph (1) there shall be taken into account only tips received from customers or clients in connection with the following services:(A)The providing, delivering, or serving of food or beverages for consumption, if the tipping of employees delivering or serving food or beverages by customers is customary.(B)The providing of beauty services to a customer or client if the tipping of employees providing such services is customary.. (e)Beauty serviceFor purposes of this section, the term beauty service means any of the following:(1)Barbering and hair care.(2)Nail care.(3)Esthetics.(4)Body and spa treatments..