
Earlier this month, the Internal Revenue Service announced a new proposed program related to workers who receive a portion of their income through tips. The IRS describes the Service Industry Tip Compliance Program (“SITCA”) as a “voluntary tip reporting program between the IRS and employers in various service industries” that “is designed to take advantage of advancements in point-of-sale, time and attendance systems, and electronic payment settlement methods to improve tip reporting compliance.”
SITCA would replace no less than three existing tip-related IRS initiatives–the Tip Rate Determination Agreement (“TRDA”), the Tip Reporting Alternative Commitment )”TRAC”), and the Employer Designed TRAC (“EmTRAC”). (The IRS clearly like acronyms.) SITCA would have several important features, including “[t]he monitoring of employer compliance based on actual annual tip revenue and charge tip data from an employer’s point-of-sale system, and allowance for adjustments in tipping practices from year to year.” Participating employers can “demonstrate compliance with the program requirements by submitting an annual report after the close of the calendar year, which reduces the need for compliance reviews by the IRS” and “have flexibility to implement employee tip reporting policies that are best suited for their employees and their business model in accordance with the section of the tax law that requires employees to report tips to their employers.”
Tip income always has been a bit of a bugaboo for the IRS, as indicated by the fact that there are three existing service tip income programs that SITCA will be replacing–and that doesn’t count a fourth tip program, the Gaming Industry Tip Compliance Agreement (“GITCA”) program, which the IRS says won’t be affected if and when SITCA is adopted. In fact, the only person I know who was audited by the IRS had that experience when they worked as a waitperson and made much of their income through tips.
Tip income traditionally was a challenge for the IRS because tips were always paid in cash, and reporting was therefore entirely voluntary and difficult to monitor. With the advent of credit card receipts and tip prompt systems like the one shown above, that reality has shifted: now there are records that show who served who and how much was paid as a tip. For service industry workers who rely on tips for part of their income, technology is a game-changer. That’s part of the reason why SITCA is replacing TRDA, TRAC, and EmTRAC,