In 2026, employer responsibilities for tracking and reporting tips and overtime (OT) will transition from 2025's "reasonable estimate" period to mandatory, standardized reporting under the One Big Beautiful Bill Act (OBBBA).
Standard IRS information return penalties will apply to inaccurate reporting for the 2026 tax year.
Under the One Big Beautiful Bill Act (OBBBA) of 2025,Qualified Tips are voluntary cash or credit card gratuities received by workers in occupations that traditionally receive tips, such as servers, bartenders, and hair stylists.
To be tax-deductible under this new law, the tips must be determined solely by the customer without negotiation and cannot include mandatory service charges or automatic gratuities.
Employers should inform employees that:
John Smith worked 40 regular hours at $20 per hour in a restaurant. He earned $200 in mandatory service charges (non-qualified tips) and received $100 in voluntary customer tips (qualified tips). Of the voluntary tips, $75 was received in cash.
Break down of this payment is as follows:
| Type | Hours | Rate | Total | W-2 Reporting (2026) |
|---|---|---|---|---|
| Regular Pay | 40 | $20 | $800 | Box 1 (Included in Gross) |
| Non-qualified tips | $200 | Box 1 (Included in Gross) | ||
| Qualified Tips | $100 | Box 1 (Included in Gross) Box 12, Code TP |
No.
Employers should continue labeling all qualified tips and overtime, even if:
Caps and income limits are handled by the employee on their personal tax return, not by payroll.
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