Overview

Title

To amend the Internal Revenue Code of 1986 to provide that certain tips shall not be subject to income or employment taxes for a period of 5 years.

ELI5 AI

The "Tip Tax Termination Act" is a new rule that says people who get tips at their jobs, like waiters or hairdressers, don’t have to pay taxes on tips up to $20,000 each year for five years. This means they get to keep more of the money their customers give them when they do a good job!

Summary AI

H. R. 7870, known as the “Tip Tax Termination Act,” proposes changes to the Internal Revenue Code of 1986. This bill aims to exempt certain tips, up to $20,000 annually, from being subject to income and employment taxes for five years starting after December 31, 2023. It specifically applies to jobs that typically rely on tips, such as those in cosmetology, hospitality, and food service. The bill also makes adjustments to ensure federal trust funds are not financially impacted by the reduction in tax revenue.

Published

2024-04-05
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-04-05
Package ID: BILLS-118hr7870ih

Bill Statistics

Size

Sections:
3
Words:
724
Pages:
4
Sentences:
19

Language

Nouns: 198
Verbs: 62
Adjectives: 39
Adverbs: 4
Numbers: 37
Entities: 43

Complexity

Average Token Length:
4.11
Average Sentence Length:
38.11
Token Entropy:
4.95
Readability (ARI):
20.38

AnalysisAI

General Summary of the Bill

H.R. 7870, known as the "Tip Tax Termination Act," proposes an amendment to the Internal Revenue Code of 1986. The bill seeks to exclude up to $20,000 of tips from being counted as taxable income for individuals working in professions typically reliant on tipped wages. This change would apply for a five-year period, ending on December 31, 2028. The affected industries include, but are not limited to, cosmetology, hospitality, and food services. Additionally, the bill stipulates that this excluded income should still be considered when calculating eligibility for certain tax credits, such as the Child Tax Credit and the Earned Income Credit.

Summary of Significant Issues

A notable concern within the bill is the ambiguity surrounding the definition of "eligible tips." It remains unclear if this includes only cash tips or if tips received via credit cards are also included. The potential reduction in tax revenue due to the exclusion of up to $20,000 of tips from gross income could have significant financial implications for the federal budget. Furthermore, the specific exception that allows excluded income to be used for certain tax credits, without detailed justification, might be perceived as preferential treatment and could result in loopholes. Another critical issue is the plan to appropriate equivalent funds to Trust Funds to offset revenue reductions, which lacks transparency regarding calculation methods. Finally, the bill's expiration date raises questions about future evaluations or possible extensions of this provision, creating uncertainty for stakeholders.

Impact on the Public

The general public may experience mixed impacts due to this legislation. Workers in tipped industries could greatly benefit from reduced taxable income, effectively increasing their take-home pay. This increase in disposable income could improve the quality of life for many workers and potentially stimulate spending in other sectors. However, there could be negative consequences as well, such as the potential for decreased federal tax revenue, which might lead to broader budget adjustments affecting public services.

Impact on Specific Stakeholders

Workers in Tipped Industries

The primary beneficiaries of this bill would likely be employees in tipped professions, like food service workers, cosmetologists, and hotel staff. These individuals could see a substantial monetary benefit by having up to $20,000 of their tipped earnings exempt from income and employment taxes over the next five years. This tax relief could significantly enhance their financial well-being and provide a buffer against economic instability.

Federal Government and Trust Funds

From the federal government's perspective, the exclusion of substantial income from taxation might pose a challenge in terms of balancing the budget. The ambiguity about transferring funds to Trust Funds equivalent to the tax revenue reduction could complicate fiscal management. If not carefully monitored and implemented, it might lead to discrepancies or mismanagement of resources designated for Social Security and other federal programs.

Tax Professionals and Compliance Officers

Tax professionals and compliance officers may face increased complexities due to the ambiguous definitions and provisions in the bill. They would need to ensure compliance with the new rules while also advising clients accurately. The additional calculations required for certain tax credits could also increase administrative burdens and necessitate close scrutiny to prevent any exploitation of potential loopholes.

In conclusion, while the Tip Tax Termination Act aims to offer immediate financial relief to tipped workers, it also raises several critical issues regarding tax compliance and revenue implications. These will need careful consideration and oversight to ensure equitable and effective implementation.

Financial Assessment

The “Tip Tax Termination Act” (H. R. 7870) proposes changes to the U.S. tax code to exclude certain tips from being taxed. Specifically, it allows up to $20,000 in tips annually to be excluded from gross income and employment taxes for a five-year period starting at the beginning of 2024.

Financial Impact

This proposed exclusion could lead to a significant reduction in tax revenue since a portion of income that typically would be taxed is now exempt. The proposal applies primarily to workers in jobs heavily reliant on tips, like those in cosmetology, hospitality, and food service. While beneficial to those receiving tips, this reduction in collected taxes has implications for the federal budget, especially in how these funds are typically allocated to various governmental operations and services.

Trust Fund Allocations

To counterbalance the anticipated reduction in revenue, the bill includes a provision for making financial appropriations to trust funds affected by the tax exemptions. These trust funds are the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund. The bill states that amounts equivalent to the reduction in tax revenues due to tip exclusion will be appropriated to these funds. However, it lacks clarity on the specifics of how these amounts will be calculated and verified, which could lead to discrepancies in the allocations and challenge effective trust fund management.

Additional Concerns

The bill allows for the excluded tip income to be considered when determining eligibility for credits such as the Child Tax Credit and Earned Income Credit. This special treatment, without offering a clear rationale, could lead to perceived preferential treatment and potentially open doors for loopholes. Moreover, this consideration may complicate tax compliance efforts, adding layers of complexity to the already intricate tax credit system.

Termination and Long-Term Effects

The exclusion is set to terminate after December 31, 2028, but the bill does not provide a clear plan or criteria for how its impact will be evaluated or whether these provisions might be renewed, altered, or phased out. This lack of foresight could lead to long-term fiscal uncertainties. Additionally, understanding the broader economic and financial implications post-termination is vital to ensure sustained fiscal responsibility and ensure that temporary benefits do not result in permanent financial gaps.

Overall, while the bill aims to provide economic relief to tipped workers, it presents challenges relating to revenue reduction, trust fund integrity, and broader financial management within the federal budget.

Issues

  • The definition of 'eligible tips' in Section 139J is ambiguous, which could lead to confusion about whether it includes non-cash tips such as credit card tips, possibly impacting compliance and enforcement (SEC. 2(a)).

  • The exclusion of up to $20,000 of tipped wages from gross income could result in a significant reduction of tax revenue, affecting federal budget considerations (SEC. 139J(a)).

  • The special exemptions allowing excluded income to be counted for the Child Tax Credit and Earned Income Credit in Section 139J without clear justification might be seen as preferential treatment, potentially creating loopholes and complicating tax compliance (SEC. 139J(c)(2)).

  • The provision to appropriate funds to Trust Funds equivalent to revenue reductions due to exclusion is vague about calculation and verification, creating potential discrepancies in fund allocations and trust fund management (SEC. 2(b)(1)(B)).

  • The bill's termination date of December 31, 2028, raises concerns about the lack of clarity or plan for evaluation, renewal, alteration, or phasing out of the provisions, potentially leaving uncertainty about long-term fiscal impacts (SEC. 139J(d)).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states its short title, allowing it to be referred to as the "Tip Tax Termination Act."

2. Exclusion from gross income of certain tipped wages Read Opens in new tab

Summary AI

Under the proposed amendments to the Internal Revenue Code, up to $20,000 of tips received by workers in tipped industries like cosmetology, hospitality, and food service will be excluded from their gross income for taxation purposes until the end of 2028. The amendment also ensures that this income exclusion won't affect eligibility for child tax credits and earned income credits, though it will not apply to other deductions or credits.

Money References

  • “(a) In general.—Gross income shall not include so much of the eligible tips received by an individual during the taxable year as does not exceed $20,000.

139J. Certain tipped wages Read Opens in new tab

Summary AI

The section explains that up to $20,000 of eligible tips, which are tips received in jobs like cosmetology, hospitality, and food service, are not included in a person’s taxable income for a year. However, these excluded tips do count when calculating certain tax credits, like the Child Tax Credit and the Earned Income Credit, and this rule is set to end after December 31, 2028.

Money References

  • (a) In general.—Gross income shall not include so much of the eligible tips received by an individual during the taxable year as does not exceed $20,000.