The BSW Brief · Tax Planning
What “No Tax on Tips” Actually Means
It is a new deduction, not an exemption, and the difference changes what shows up on a paycheck and what shows up on a return.
The phrase makes it sound simple: tips are not taxed anymore. That is not quite what happened. Starting with the 2025 tax year, tipped workers get a new deduction, not an exemption, and the difference between those two things changes what shows up on a paycheck and what shows up on a return.
It’s a Deduction, Not an Exclusion
Tips are generally still subject to Social Security and Medicare tax, just as before. The new deduction affects federal income tax, not payroll taxes. It also does not automatically stop federal income tax from being withheld from a tipped paycheck. For 2026, however, workers can account for the expected deduction when adjusting their withholding, so some may receive more of the benefit during the year instead of waiting until they file their return.
Starting with 2025 and running through 2028, an employee or self employed worker in a qualifying occupation can deduct up to $25,000 of qualified tips on their federal return. This is a deduction you can claim whether or not you itemize.
Who Actually Qualifies
The deduction only applies to workers in occupations the Treasury has identified as customarily and regularly receiving tips, based on practice as of December 31, 2024. The final rules list more than 70 specific occupations across roughly eight broad categories, covering the obvious ones like servers, bartenders, and hairstylists, along with a wider range than most people expect.
A few carve outs matter. The law also contains an exclusion for tips earned in certain specified service businesses, such as health care, law, accounting, and financial services. However, the IRS has provided temporary transition relief while it develops additional rules for this restriction. During that transition period, an otherwise qualifying worker in an occupation on the approved tipped occupation list generally is treated as satisfying this requirement. A tip generally must originate with the customer, client, or other recipient of the service. An employer can pass customer paid tips through payroll without disqualifying them, but an amount funded by the employer itself and labeled as a tip may instead be treated as recharacterized wages rather than a qualified tip. The same presumption can apply if the worker owns a meaningful stake, generally five percent or more, in the customer or other service recipient actually paying the tip. And the tip itself has to be voluntary. A mandatory service charge or automatic gratuity that the customer cannot reduce or remove does not qualify. A recommended amount that the customer is free to change or reduce to zero can still qualify as a tip.
What Counts as a Qualified Tip, and What Doesn’t
The tip generally has to be paid in cash or a cash equivalent, including a charged or electronic tip, received directly or indirectly from a customer or other service recipient or, for employees, through a qualifying tip sharing arrangement.
For a self employed worker, the deduction cannot exceed net income from the business the tips came from, before counting this deduction. A gig worker with a loss for the year does not get to deduct tips against other income.
A couple of return level requirements catch people off guard. A married taxpayer can only claim this deduction on a joint return, even if only one spouse has tip income. Filing separately eliminates it entirely. The person claiming the deduction also needs a Social Security number that is valid for work. Someone filing with an Individual Taxpayer Identification Number does not qualify, even if their occupation and tip income otherwise meet every other requirement.
The Dollar Limits, and Where They Start to Shrink
The maximum deduction is $25,000 per return, regardless of filing status, so a married couple filing jointly does not get double the limit the way some other provisions work. If two spouses both earn tips, their combined qualified tips are capped at the same $25,000.
The deduction phases out for higher earners, starting at $150,000 of modified adjusted gross income for a single filer, or $300,000 for a married couple filing jointly. Above that threshold, the deduction is reduced by $100 for every $1,000 of income over the line.
For example, a single server with $18,000 in tips and $160,000 in MAGI is $10,000 over the threshold. That reduces the deduction by $1,000, from $18,000 down to $17,000. A server with the same tip income and a MAGI under $150,000 gets to deduct the full $18,000.
What Still Has to Be Reported
The deduction depends on the tips being properly reported. For employees, qualified tips generally appear on Form W-2, with Form 4137 used in certain cases for tips that were not reported to the employer. Self employed workers generally need the qualified tips reflected in an applicable Form 1099. Special transition rules apply for 2025 because the reporting forms were not yet designed to separately identify qualified tips.
For the 2025 tax year specifically, the IRS gave employers transition relief. Forms W-2 for 2025 were not updated to separately break out qualified tips, and the IRS said it would not penalize employers for not reporting tips and occupation codes separately for that year, as long as the rest of the form is accurate. That relief does not extend to 2026. For 2026, employers must separately report cash tips and the applicable Treasury Tipped Occupation Code on Form W-2. Because 2025 forms were not designed to separately identify qualified tips, special IRS transition rules allow taxpayers to determine the qualifying amount from certain existing tax forms and supporting records.
One Thing This Doesn’t Change
State income tax is a separate question entirely. This deduction is a federal provision, and a state that taxes income does not automatically follow it. Tennessee does not tax wage income to begin with, so this point does not affect a Tennessee tipped worker’s state return, but it is worth knowing for anyone with tip income earned in a state that does.
Sources
Where This Comes From
- Internal Revenue Code §224 (deduction for qualified tips), as added by the One Big Beautiful Bill Act, Public Law 119-21.
- IRS Notice 2025-62, 2025 transition relief for tip and overtime reporting.
- IRS Notice 2025-69, guidance for individual taxpayers who received qualified tips or qualified overtime compensation.
- Proposed and final regulations identifying qualifying tipped occupations.
- IRS guidance, “One, Big, Beautiful Bill: How to take advantage of no tax on tips and overtime.”
- IRS Form 4137 and its instructions.
- IRS Schedule 1-A (Form 1040), Additional Deductions, and related Form 1040 instructions.