Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ions/i8027/2023/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 10 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 8027 Employer's Annual Information Return of Tip Income and Allocated Tips Section references are to the Internal Revenue Code PEOs handle various payroll administration and tax unless otherwise noted. reporting responsibilities for their business clients and are typically paid a fee based on payroll costs. To become and Future Developments remain certified under the certification program, CPEOs must meet various requirements described in sections For the latest information about developments related to 3511 and 7705 and related published guidance. A CPEO Form 8027 and its instructions, such as legislation is generally treated for employment tax purposes as the enacted after they were published, go to IRS.gov/ employer of any individual who performs services for a Form8027. customer of the CPEO and is covered by a contract described in section 7705(e)(2) between the CPEO and What’s New the customer (CPEO contract), but only for wages and other compensation paid to the individual by the CPEO. Electronic filing. If you're required to file 10 or more For purposes of Form 8027, the customer for whom a information returns during the year, you must file the forms work site employee performs services (that is, the electronically. Information returns are filed electronically employer who operates a large food or beverage through the Filing Information Returns Electronically establishment) is considered the employer and must file (FIRE) system. Go to IRS.gov/FIRE for more information. Form 8027. The CPEO must furnish to the customer any See Pub. 1239 for more information about filing Form information necessary to complete this form. 8027 electronically. We encourage you to file electronically even if you're not required to file 10 or more information For more information about CPEOs, go to IRS.gov/ returns. CPEO. Also see Rev. Proc. 2023-18, 2023-13 I.R.B. 605, available at IRS.gov/irb/2023-13_IRB#REV- PROC-2023-18. Reminders • You must check either the “Yes” or “No” box under the General Instructions employer's name and address to indicate whether or not the establishment accepts credit cards, debit cards, or Purpose of Form other charges. If the “Yes” box is checked, lines 1 and 2 of Employers must annually report to the IRS receipts and Form 8027 must be completed, and you must enter an tips from their large food or beverage establishments. amount, even if zero, on lines 1 and 2. Also see the Employers use Form 8027 to report that information. In instructions for lines and .1 2 addition, employers use Form 8027 to determine allocated • You can complete the optional Worksheet for tips for tipped employees. Determining if You Must File Form 8027 for Calendar Year 2023, later, to determine if you must file Form 8027. These instructions give you some background • You may want to use the Employer's Optional information about Form 8027. They tell you who must file Worksheet for Tipped Employees, later, as a means of Form 8027, when and where to file it, and how to fill it out determining if your employees are reporting all of their tip line by line. income to you. All employees receiving $20 or more a month in • For information about the credit for employer social TIP cash tips must report 100% of their tips to you in a security and Medicare taxes paid on certain employee written report. Cash tips include tips paid by cash, tips, see Form 8846. Also see section 6 of Pub. 15 for check, debit card, and credit card. The report should more information about tips. include tips you paid over to the employee for charge • You can advise your employees to see Pub. 531 or use customers, tips the employee received directly from the IRS Interactive Tax Assistant at IRS.gov/TipIncome for customers, and tips received from other employees under help in determining if their tip income is taxable and for any tip-sharing arrangement. information about how to report tip income. Recordkeeping. You must keep records to substantiate Who Must File any information returns, employer statements to You must file Form 8027 if you're an employer who employees, or tip allocations. The records must be kept operates a large food or beverage establishment. for 3 years after the due date of the return or statement to A large food or beverage establishment is a food or which they relate. beverage operation: Certified professional employer organizations • That is located in the 50 states or in the District of (CPEOs). The Stephen Beck, Jr., ABLE Act of 2014 Columbia, required the IRS to establish a voluntary certification • Where tipping of food or beverage employees by program for professional employer organizations (PEOs). customers is customary, and Aug 24, 2023 Cat. No. 61013P |
Enlarge image | Page 2 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Whose employer normally employed more than 10 d'), wine stewards, cooks, and kitchen help. Examples of employees on a typical business day during the preceding employees who aren't food or beverage employees calendar year. We call this the 10-employee test. To include, but aren't limited to, coat check persons, determine if you meet the 10-employee test, see bellhops, and doormen. Worksheet for Determining if You Must File Form 8027 for Calendar Year 2023, later. Worksheet for Determining if You Must File Form 8027 for Calendar Year 2023 Food or beverage operation. A food or beverage operation is any business activity that provides food or You can complete the optional worksheet to determine if beverages for consumption on the premises, other than you had more than 10 employees on a typical business fast food operations. An operation is a fast food operation day during 2022 and, therefore, must file Form 8027 for only if its customers order, pick up, and pay for food or 2023. It is the average number of employee hours beverages at a counter or window and then carry the food worked on a typical business day that determines or beverages to another location (either on or off the whether or not you employed more than 10 employees. premises). Some people call food or beverage operations Completing this worksheet is only for the employer's venues, stores, rooms, outlets, or cost centers. information (don't send it to the IRS). If you provide food or beverages at more than one You must consider the following when completing the location, the activity at each separate location is worksheet. considered to be a separate food or beverage operation • Include employees at all of your food or beverage and a separate Form 8027 is filed for each location. You operations, even if an individual operation has fewer than could also have more than one food or beverage operation 10 employees. within a single building. Each activity conducted within a • Include all employees at your food or beverage single building is treated as a separate location if the operations, not just food or beverage employees. customers of the activity, while being provided with food or • Don't include employees at fast food operations. beverages, occupy an area separate from that occupied • Don't apply the 10-employee test separately to each by customers of other activities and the gross receipts food or beverage operation. from the activity are recorded separately. For example, a • Don't consider anyone who owns 50% or more in value gourmet restaurant, a coffee shop, and a cocktail lounge of the stock of a corporation as an employee for the in a hotel would each be treated as a separate food or 10-employee test. See Regulations section 31.6053-3(j) beverage operation if gross receipts from each activity are (9) for more information. recorded separately. In addition, an employer may treat different activities conducted in the identical place at 1. Enter one-half of the total employee hours worked different times as separate food or beverage operations if during the month in 2022 with the greatest the gross receipts of the activities at each time are aggregate gross receipts from food and recorded separately. For example, a restaurant may beverages . . . . . . . . . . . . . . . . . . . . . . . . record the gross receipts from its cafeteria-style lunch 2. Enter the number of days opened for business operation separately from the gross receipts of its during the month used for line 1 . . . . . . . . . . . full-service food or beverage operations. 3. Enter one-half of the total employee hours worked Tipping of food or beverage employees by custom- during the month in 2022 with the least aggregate ers is customary. Generally, tipping isn't considered gross receipts from food and beverages. . . . . . customary in a cafeteria-style operation or if at least 95% 4. Enter the number of days opened for business of total sales (other than carryout) had a service charge of during the month used for line 3 . . . . . . . . . . . 10% or more. See Regulations section 31.6053-3(j)(7) 5. Divide line 1 by line 2 . . . . . . . . . . . . . . . . . and (18) for more information. If tipping isn't considered 6. Divide line 3 by line 4 . . . . . . . . . . . . . . . . . customary, the food or beverage operation isn't a large food or beverage establishment. Service charges aren't 7. Add lines 5 and 6. If line 7 is greater than 80 (hours), tips; see Difference Between Service Charges and Tips, you must file Form 8027 for 2023 . . . . . . . . . . later. Example. Good Food Restaurant is a soup-and-salad specialty business. Customers select food items at a If your answer on line 7 of the worksheet is more than buffet. They then pay and take their tray to a table. The 80 hours, then you meet the 10-employee test. restaurant employees clear the tables but may also help Example. Oak Co. operates five restaurants in the the customers if they need anything extra. Customers Midwest. Those working at the restaurants include food or rarely leave a tip. Thus, tipping isn't customary at Good beverage employees, coat check employees, and parking Food Restaurant. Therefore, Good Food Restaurant isn't a valet employees. Oak Co. must count all the employees large food or beverage establishment and a Form 8027 working at all five of Oak Co.'s restaurants, and not just isn't required. the food or beverage employees, to determine the 10-employee test. Oak Co. must not figure the Food or beverage employee. A food or beverage 10-employee test separately for each operation. employee is an employee who provides services in connection with the provision of food or beverages. These Example. Rose Casino includes a fine dining employees include, but aren't limited to, waitstaff, bussers, restaurant, a café, a bar, and a dinner showroom. Rose bartenders, persons in charge of seating (such as a maitre Casino must count all employees at all these food or beverage operations for the 10-employee test, including -2- Instructions for Form 8027 (2023) |
Enlarge image | Page 3 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the managers of the operations as well as the food or Where To File beverage employees. Rose Casino must not figure the 10-employee test separately for each operation. If you file a paper return, mail Form 8027 to: If you meet the 10-employee test, file a separate Department of the Treasury Internal Revenue Service ! Form 8027 for each food or beverage operation CAUTION where tipping is customary. This is true even if an Ogden, UT 84201 individual operation, when considered separately, doesn't have more than 10 employees on a typical business day. Form 8027 attachments if filing on paper. If applicable, attach a copy of your timely filed Form 8809, Example. Continuing with the previous example, Rose and a copy of your “lower rate” determination letter from Casino meets the 10-employee test. All four of the food or the IRS. If you filed Form 8508, Request for Waiver From beverage operations meet the other tests, as they are Filing Information Returns Electronically, attach a copy of located in the 50 states and tipping of food or beverage the approved waiver that you received. Don't attach any employees by customers is customary at each of the other documents. operations. Each of the four food or beverage activities record gross receipts separately and customers of each Reporting and filing electronically. You may be activity occupy an area separate from that occupied by required to file Forms 8027 electronically. For more customers of the other activities. Because each activity information, see Electronic filing, earlier. qualifies as a large food or beverage establishment, Rose Casino is required to file four Forms 8027 (a separate Penalties Form 8027 for the restaurant, the café, the bar, and the The law provides for a penalty if you don't file Form 8027 showroom) even if an individual activity has less than 10 (and Form 8027-T, if applicable) on time unless you can employees. show reasonable cause for the delay. In addition, if you If you're required to report for more than one don't complete an accurate Form 8027, you won't be able TIP establishment and you file Forms 8027 on paper, to correctly prepare Form W-2, Wage and Tax Statement, you must complete and file Form 8027-T, for each directly tipped employee for whom a tip allocation Transmittal of Employer's Annual Information Return of Tip was required to be made. You may be charged penalties Income and Allocated Tips, with Forms 8027. Attach for each failure to: Forms 8027 in establishment number order (lowest to • Timely file a correct information return (Forms 8027 and highest). For more information on establishment numbers, W-2), including failure to file electronically, if required; and see Establishment Number, later. Form 8027-T isn't filed • Timely furnish a correct Form W-2 to the employee. with electronically filed Forms 8027. For more information on penalties for untimely or New business. You're a new business if you opened a incorrect Forms W-2 or 8027, see the penalties sections in food or beverage operation during the year and you didn't the General Instructions for Forms W-2 and W-3, and the operate any food or beverage operations during the General Instructions for Certain Information Returns. preceding calendar year. File Form 8027 for a new food or Gross Receipts beverage operation if, during any 2 consecutive calendar months, the average number of hours worked each On Form 8027, you must report your establishment’s business day by all employees is more than 80 hours. To gross receipts from food and beverages you provide. You figure the average number of employee hours worked will use gross receipts to determine other amounts that each business day during a month, divide the total hours you must report. Gross receipts include all receipts from all employees worked during the month by the number of the provision of food or beverages (other than days the operation was open for business. After the test is nonallocable receipts, as defined later) from cash sales, met for 2 consecutive months, you must file a return charge receipts, charges to a hotel room (excluding tips covering the rest of the year, beginning with the next charged to the hotel room if your accounting procedures payroll period. allow these tips to be separated), and the retail value of complimentary food or beverages served to customers, as When To File explained later. File Form 8027 (and Form 8027-T when filing more than Generally, tips aren't included in gross receipts. one paper Form 8027) by February 29, 2024. However, if However, if you reduced your cash sales by the amount of you file electronically, the due date for Form 8027 is March any cash you paid to tipped employees for any charged 31, 2024. tips due to them, then include those charged tips in your Extension of time to file. Filers of Form 8027 submitted gross receipts. Don't include state or local taxes in gross on paper or electronically may request an extension of receipts. Don't include receipts from the sale of time to file on Form 8809. File Form 8809 as soon as you merchandise such as souvenirs, memorabilia, tee shirts, know an extension of time to file is necessary, but not or glassware in gross receipts from food and beverages. before January 1 of the filing year, and not later than February 29, 2024 (March 31, 2024, if you file Forms 8027 If you don't charge separately for providing food and electronically). beverages along with other goods or services (such as a package deal for food and lodging), make a good-faith estimate of the gross receipts from the food and beverages. This estimate must reflect the cost to the Instructions for Form 8027 (2023) -3- |
Enlarge image | Page 4 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employer for providing the food and beverages plus a Don't mail Form 8027 to this address. See Where reasonable profit factor. ! To File, earlier. CAUTION Remind all directly and indirectly tipped TIP employees to include all charged tips and all cash The burden of supplying sufficient information to allow tips received in the tip amount that they must the IRS to estimate with reasonable accuracy the actual report to you. tip rate of the establishment rests with the petitioner. Your petition for a lower rate must clearly demonstrate that a Nonallocable receipts. These are receipts for carryout rate less than 8% should apply. It must include the sales and receipts with a service charge added of 10% or following information. more. Carryout sales are sales of food or beverages for • Employer's name, address, and employer identification consumption off the premises of the establishment. Room number (EIN). service isn't a carryout sale. Nonallocable receipts • Establishment's name, address, and establishment generally include all sales on which tipping isn't number. customary. • Detailed description of the establishment that would help to determine the tip rate. The description should Complimentary items. Food or beverages served to include the type of restaurant, days and hours of customers without charge must be included in gross operation, type of service including any self-service, the receipts if (a) tipping for providing them is customary at person (waitstaff, cashier, etc.) to whom the customer the establishment; and (b) they are provided in connection pays the check, whether the check is paid before or after with an activity that is engaged in for profit, whose receipts the meal, and whether alcohol is available. wouldn't be included in the amount on line 5 of Form 8027, and whose receipts aren't nonallocable receipts that have • Past year's information shown on lines 1 through 6 of Form 8027 as well as total carryout sales; total charge a service charge of 10% or more added. sales; percentage of sales for breakfast, lunch, and For example, you would have to include in gross dinner; average dollar amount of a guest check; service receipts the retail value of the complimentary drinks charge, if any, added to the check; and the percentage of served to customers in a gambling casino because tipping sales with a service charge. is customary, the gambling casino is an activity engaged • Type of clientele. in for profit, and the gambling receipts of the casino aren't • Copy of a representative menu for each meal. included in the amount on line 5. An employer petition must contain the following However, you wouldn't have to include the retail value statement and be signed by a responsible person who is of complimentary hors d'oeuvres at your bar or a authorized to make and sign a return, statement, or other complimentary dessert served to a regular patron of your document. restaurant in gross receipts because the receipts of the bar or restaurant would be included in the amount on line 5. You wouldn't have to include the value of a fruit “Under penalties of perjury, I declare that I have basket placed in a hotel room in gross receipts because, examined this petition, including accompanying generally, tipping for it isn't customary. documents, and to the best of my knowledge and belief, the facts presented in support of this petition are Allocation of Tips true, correct, and complete.” You must allocate tips among employees who receive them if the total tips reported to you during any payroll For an employer petition, you must attach to the petition period are less than 8% (or the approved lower rate) of the copies of Form 8027 (if any) filed for the 3 years before establishment's gross receipts for that period. The your petition. If you're petitioning for more than one allocation is made to each directly tipped employee establishment or you want to know your appeal rights, see performing services for the establishment who has a Rev. Proc. 86-21, 1986-1 C.B. 560, for additional reporting shortfall for the payroll period. No allocation is information. Also, include with your petition a check or made to indirectly tipped employees. money order made payable to “United States Treasury” for Generally, the amount allocated is the difference the amount of the user fee required for determination between the total tips reported by employees and 8% (or letters. the lower rate) of the gross receipts, other than For the current user fee amount, consult the first nonallocable receipts. revenue procedure of the year (for example, Rev. Proc. 2023-1, 2023-01 I.R.B. 1, available at IRS.gov/irb/ There are three methods you may use to allocate tips. 2023-01_IRB#REV-PROC-2023-1). This revenue See the instructions for line 7, later, for a description of the procedure is updated annually as the first revenue three methods. procedure of the year, but it may be modified or amplified Lower rate. You (or a majority of the employees) may during the year. The user fees are posted in Appendix A of request a lower rate (but not lower than 2%) by submitting the revenue procedure. Because the taxpayer is a petition to: requesting a determination letter, the payment for the user fee must be submitted along with the petition for the rate Internal Revenue Service reduction. National Tip Reporting Compliance A majority of all the directly tipped employees must 3251 North Evergreen Dr. NE consent to any petition written by an employee. A “majority Grand Rapids, MI 49525 -4- Instructions for Form 8027 (2023) |
Enlarge image | Page 5 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of employees” means more than half of all directly tipped the actual amount by more than 5%, prepare a new Form employees employed by the establishment at the time the W-2 with the correct information, and file Copy A with the petition is filed. Employee groups must follow the SSA. Write “Corrected” on the employee’s new copies (B, procedures in Regulations section 31.6053-3(h); Pub. C, and 2) and furnish them to the employee during 531, Reporting Tip Income; and Rev. Proc. 86-21. January of the next year. Don't write “Corrected” on Copy The IRS will notify you when and for how long the A of the Form W-2 that you file with the SSA. reduced rate is effective. Don't send Forms W-2 to the IRS. We use the You must attach a copy of your “lower rate” ! information shown on the Forms W-2 that you file CAUTION with the SSA. ! determination letter from the IRS when filing a CAUTION paper Form 8027. See Pub. 1239 for instructions on submitting a copy of your “lower rate” determination Difference Between Service Charges letter from the IRS when filing electronically. and Tips Service charges are treated differently from tips for federal Reporting Allocated Tips to tax purposes. Any portion of a service charge that is Employees distributed to an employee is wages, and you must Give each employee who has been allocated tips a Form withhold federal income tax, social security tax, and W-2 that shows the allocated amount in box 8. Tip Medicare tax and include the amount on Form W-2 as allocations have no effect on withholding income tax, wages. Service charges aren't reported as tips on Form social security tax, or Medicare tax from employees’ 8027. You may be required to report service charges on wages. Allocated tips aren't subject to withholding and line 3; see the instructions for line 3, later. To accurately must not be included in boxes 1, 3, 5, and 7 of Form W-2. report and pay your taxes, you must correctly identify amounts as either a tip or a service charge. Generally, an If you allocate tips among employees by the methods amount is a tip if: described later under the instructions for line 7, you're not • The payment is made free from compulsion, liable to any employee if any amount is improperly • The customer has the unrestricted right to determine allocated. However, if the allocation shown on the the amount (including zero), employee’s Form W-2 differs from the correct allocation by • The payment isn't the subject of negotiation or dictated more than 5%, you must correct that employee’s by employer policy, and allocation. You must also review the allocable amount of • The customer has the right to determine who receives all other employees in the same establishment to ensure the payment. that the error didn't distort any other employee’s share by The absence of any of these factors creates a doubt as to more than 5%. whether a payment is a tip and indicates that the payment You must furnish Form W-2 to employees by January may be a service charge. 31 of the following year. If employment ends before the For additional information, including examples of both end of the year and the employee asks for the Form W-2, service charges and tips, see Q&A 1 in Rev. Rul. 2012-18, a tip allocation isn't required on the early Form W-2. See If 2012-26 I.R.B. 1032, available at IRS.gov/irb/ you furnished Form W-2 before the end of the year, later. 2012-26_IRB#RR-2012-18. Correcting allocated tips reported on Form W-2 fur- nished to an employee in January. If you furnished Form W-2 to an employee in January and later discover Specific Instructions an error that requires a correction (as discussed earlier), File a separate Form 8027 for each large food or beverage the method for making a correction depends on whether establishment. Use Form 8027-T when filing more than Form W-2 has been filed with the Social Security one paper Form 8027. Administration (SSA). If you filed Form W-2 with the SSA. Use the current Name and Address of Establishment version of Form W-2c to report the corrected allocation and Employer Identification Number and correct the previously filed Form W-2. If you furnished Form W-2 to an employee but Type or print the name and address of the establishment. didn't file it with the SSA. Prepare a new Form W-2 with They may be different from your mailing address, as in the the correct information and file Copy A with the SSA. Write case of employers who have more than one “Corrected” on the employee’s new copies (B, C, and 2), establishment. Enter the name by which your customers and furnish them to the employee. Don't write “Corrected” know you (your “doing business as” name). For example, on Copy A of the Form W-2 that you file with the SSA. enter the name on the front of the building or the name of the restaurant within the casino. The EIN should be the If you furnished Form W-2 before the end of the year. same as the number on the Forms W-2 that you furnish to You may include on the early Form W-2 the employee’s the employees and the Form 941 that you file to report actual tip allocation or a good-faith estimate of the wages and taxes for employees working for the allocation. Signify a good-faith estimate by writing establishment. However, if you use a CPEO, see Certified “Estimate” next to the allocated amount in box 8 of the professional employer organizations, earlier. Form W-2. If you didn't include an allocation on the early Form W-2 or if the estimated allocation on the early form differs from Instructions for Form 8027 (2023) -5- |
Enlarge image | Page 6 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Always be sure the EIN on the form you file exactly If you have to add two or more amounts to figure the TIP matches the EIN that the IRS assigned to your amount to enter on a line, include cents when adding the business. Don't use your social security number amounts and round off only the total. on forms that ask for an EIN. Line 1. Total Charged Tips for Calendar Year If one of the following applies to you, check the 2023 appropriate box on the left side of the form to tell us which Enter the total amount of tips that are shown on charge type of return you're filing. receipts for the year. Don't include service charges. See • Amended return. Difference Between Service Charges and Tips, earlier. If • Final return. you indicated that your establishment accepts credit cards, debit cards, or other charges but have no amounts Type of Establishment to report on line 1, enter zero. Check the box (check only one box) on the form that best describes the type of food or beverage establishment. Line 2. Total Charge Receipts Showing Charged • An establishment that serves evening meals only (with Tips or without alcoholic beverages). Enter the total sales from the provision of food and • An establishment that serves evening and other meals beverages (other than nonallocable receipts, as defined (with or without alcoholic beverages). earlier) from charge receipts that had a charged tip • An establishment that serves only meals other than shown. Include credit card charges and other credit evening meals (with or without alcoholic beverages). arrangements and charges to a hotel room unless your • An establishment that serves food, if at all, only as an normal accounting practice consistently excludes charges incidental part of the business of serving alcoholic to a hotel room. Don't include any tips or any state or local beverages. taxes in the amounts reported. If you indicated that your Employer's Name and Address establishment accepts credit cards, debit cards, or other charges but have no amounts to report on line 2, enter Enter the name and address of the entity or individual zero. whose EIN was provided earlier. If mail isn't delivered to your street address, enter your P.O. box number. Enter Line 3. Total Amount of Service Charges of Less foreign addresses as follows: city, province or state, and Than 10% Paid as Wages to Employees country. Don't abbreviate the name of the country. Enter the total amount of service charges of less than 10% Establishment Number that have been added to customers' bills and have been Enter a five-digit number to identify the individual distributed to your employees for the year. establishment that you're reporting under the same EIN. Give each establishment a separate number and Line 4a. Total Tips Reported by Indirectly Tipped complete a separate Form 8027 for each. For example, Employees each establishment could be numbered consecutively, Enter the total amount of tips reported for the year by starting with 00001. Once you assign a number to an indirectly tipped employees, such as cooks, bussers, and establishment, always use the same number for that service bartenders. Indirectly tipped employees generally establishment each year. If you close an establishment, receive their tips from other tipped employees and not don't use the number you assigned to it for another directly from the customer. establishment. Line 4b. Total Tips Reported by Directly Tipped Does This Establishment Accept Employees Credit Cards, Debit Cards, or Other Enter the total amount of tips reported for the year by directly tipped employees, such as bartenders and Charges? waitstaff. Directly tipped employees receive tips directly You must check either the “Yes” or “No” box to indicate from customers. Treat employees, such as maitre d's, who whether or not the establishment accepts credit cards, receive tips directly from customers and indirectly through debit cards, or other electronic settlement methods. If the tip splitting or pooling, as directly tipped employees. “Yes” box is checked, lines 1 and 2 of Form 8027 must be completed, and you must enter on lines 1 and 2 the Line 4c. Total Tips Reported appropriate amounts shown on the charge receipts. See Add the amounts on lines 4a and 4b and enter the result the instructions for lines and , later.1 2 on line 4c. This amount can't be a negative amount. Lines 1 Through 8 Line 4a Rounding Off to Whole Dollars + Line 4b Line 4c You may round off cents to whole dollars on your Form 8027. If you do round to whole dollars, you must round all amounts. To round, drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3. -6- Instructions for Form 8027 (2023) |
Enlarge image | Page 7 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In figuring the tips you should report for 2023, considered to have employed fewer than the equivalent of ! don't include tips received by employees in 25 full-time employees during a payroll period if the CAUTION December 2022 but not reported until January average number of employee hours worked (both tipped 2023. However, include tips received by employees in and nontipped employees) per business day during a December 2023 but not reported until January 2024. payroll period is less than 200 hours. To allocate tips by the hours-worked method, follow the Line 5. Gross Receipts From Food and steps explained under Line 7b. Gross Receipts Method, Beverages later. However, for the fraction in step 3 of the gross Enter the total gross receipts from the provision of food receipts method, substitute in the numerator (top number) and beverages for the establishment for the year. See the number of hours worked by each employee who is Gross Receipts, earlier, for an explanation of what's tipped directly, and in the denominator (bottom number) included in gross receipts. the total number of hours worked by all employees who are directly tipped for the payroll period. See Regulations Line 6 section 31.6053-3(f)(1)(iv) for details. Enter the result of multiplying line 5 by 8% (0.08) or a If you use the hours-worked method, be sure to enter lower rate (if the establishment was granted a lower rate on line 7a the average number of employee (both tipped by the IRS). and nontipped) hours worked per business day during the If a lower rate was granted, write the rate in the space payroll period. If the establishment has more than one provided and attach a copy of the IRS determination letter. payroll period, you must use the payroll period in which If you file Form 8027 electronically, see Pub. 1239 for the greatest number of workers (both tipped and instructions on submitting a copy of the IRS determination nontipped) were employed. letter. Line 7b. Gross Receipts Method The 8% rate (or lower rate) is used for tip If no good-faith agreement (as explained later) applies to ! allocation purposes only. Using this rate doesn't the payroll period, you must allocate the difference CAUTION mean that directly tipped employees must report between total tips reported and 8% of gross receipts using only 8%. All directly tipped employees and indirectly the gross receipts method (or hours-worked method tipped employees must report the actual amount of tips (line 7a)) as follows (see Example for Line 7b. Gross they receive. Receipts Method, later). You may allocate tips for the calendar year, annually, by The instructions that follow assume you have payroll period, or by using any period that results in a TIP chosen to allocate tips by payroll period. However, reasonable division of a calendar year, including biweekly, as described earlier in the instructions for line 6, semimonthly, quarterly, etc. The method you choose will you may choose to allocate tips for the calendar year, be effective for the entire calendar year. annually, or by using any period that results in a reasonable division of a calendar year, including biweekly, If you have allocated tips using other than the semimonthly, quarterly, etc. TIP calendar year, put an “X” on line 6 and enter the amount of allocated tips (if any) from your records 1. Multiply the establishment's gross receipts (other on line 7. than nonallocable receipts) for the payroll period by 8% (0.08) or the approved lower rate. Line 7. Allocation of Tips 2. Subtract from the amount figured in step 1 the total If the amount shown on line 6 is more than the amount of amount of tips reported by employees who were tipped tips reported by your employees on line 4c, you must indirectly for the payroll period. This difference is the allocate the excess to those employees. Enter the excess directly tipped employees' total share of 8% (or the lower on line 7. This excess amount is reported on each rate) of the gross receipts of the establishment. Indirectly employee's Form W-2 as described earlier under tipped employees don't receive tips directly from Reporting Allocated Tips to Employees. If you previously customers. Examples are bussers, service bartenders, filed Forms W-2 for employees that didn't include accurate and cooks. Directly tipped employees, such as waitstaff tip allocations, you may be required to file Forms W-2c. and bartenders, receive tips directly from customers. For more information, see Correcting allocated tips Employees, such as maitre d's, who receive tips directly reported on Form W-2 furnished to an employee in from customers and indirectly through tip splitting or January, earlier. If the amount on line 4c is more than the pooling, are treated as directly tipped employees. amount on line 6, you don't need to make a tip allocation. 3. For each employee who is tipped directly, multiply There are three methods by which you may allocate the result in step 2 by the following fraction: the numerator tips. Check the box on line 7a, 7b, or 7c to show the (top number) is the amount of the establishment's gross method used. receipts attributable to the employee, and the denominator (bottom number) is the gross receipts Line 7a. Hours-Worked Method attributable to all directly tipped employees. The result is Establishments that employ fewer than the equivalent of each directly tipped employee's share of 8% (or the lower 25 full-time employees (both tipped and nontipped rate) of the gross receipts for the payroll period. employees) during a payroll period may use the 4. From each directly tipped employee's share of 8% hours-worked method to allocate tips. You will be (or the lower rate) of the gross receipts figured in step 3, Instructions for Form 8027 (2023) -7- |
Enlarge image | Page 8 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. subtract the tips the employee reported for the payroll • Sole proprietorship— The individual who owns the period. The result is each directly tipped employee's business. shortfall (if any) for the period. • Corporation (including a limited liability company 5. From the amount figured in step 1, subtract the total (LLC) treated as a corporation)— The president, vice tips reported by both directly and indirectly tipped president, or other principal officer duly authorized to sign. employees. The result is the amount that has to be allocated among the directly tipped employees who had a • Partnership (including an LLC treated as a partner- shortfall for the payroll period as figured in step 4. ship) or unincorporated organization— A responsible 6. For each directly tipped employee who had a and duly authorized member, partner, or officer having shortfall for the period as figured in step 4, multiply the knowledge of its affairs. amount in step 5 by the following fraction: the numerator is • Single-member LLC treated as a disregarded entity the employee's shortfall (figured in step 4), and the for federal income tax purposes— The owner of the denominator is the total shortfall of all directly tipped LLC or principal officer duly authorized to sign. employees. The result is the amount of allocated tips for • Trust or estate— The fiduciary. each directly tipped employee. Form 8027 may also be signed by a duly authorized Line 7c. Good-Faith Agreement agent of the taxpayer if a valid power of attorney has been An allocation can be made under a good-faith agreement. filed. This is a written agreement between you and at least Alternative signature method. Corporate officers or two-thirds of the tipped employees of each occupational duly authorized agents may sign Form 8027 by rubber category (for example, waitstaff, bussers, and maitre d's) stamp, mechanical device, or computer software program. working in the establishment when the agreement is For details and required documentation, see Rev. Proc. adopted. The agreement must: 2005-39, 2005-28 I.R.B. 82, available at IRS.gov/irb/ 1. Provide for an allocation of the difference between 2005-28_IRB#RP-2005-39. total tips reported and 8% (or the lower rate) of gross receipts among tipped employees that approximates the Example for Line 7b. Gross Receipts Method actual distribution of tip income among the employees; A large food or beverage establishment has chosen to 2. Be effective the first day of a payroll period that make tip allocations using its actual payroll period. It has begins after the date the agreement is adopted, but no gross receipts for a payroll period of $100,000 and has later than January 1 of the next year; tips reported for the payroll period of $6,200. Directly tipped employees reported $5,700, while indirectly tipped 3. Be adopted when there are tipped employees in employees reported $500. each occupational category who would be affected by the agreement; and 4. Allow for revocation by a written agreement adopted by at least two-thirds of the tipped employees in occupational categories affected by the agreement when it is revoked. The revocation is effective only at the beginning of a payroll period. Keep a copy of the good-faith agreement for your records. Line 8. Total Number of Directly Tipped Employees Enter the total number of directly tipped employees who worked at the establishment during 2023. This is the cumulative total of all directly tipped employees who worked at the establishment at any time during the year. If you have a large turnover of directly tipped employees, this number may be large. Don't use this number to determine if you must file Form 8027. Instead, see Worksheet for Determining if You Must File Form 8027 for Calendar Year 2023, earlier. Signature Sign your name and include your title. Then, enter the date signed and the best daytime telephone number where the IRS can reach you, including area code. Who Must Sign The following persons are authorized to sign the return for each type of business entity. -8- Instructions for Form 8027 (2023) |
Enlarge image | Page 9 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Directly Gross receipts 1. Enter amount from Form 8027, line 1 . . . . . . 1. tipped for payroll 2. Enter amount from Form 8027, line 2 . . . . . . 2. employees period Tips reported 3. Divide line 1 by line 2, enter as a decimal (at least A $18,000 $1,080 4 decimal places). . . . . . . . . . . . . . . . . . . 3. B 16,000 880 4. Enter amount from Form 8027, line 4c . . . . . . 4. C 23,000 1,810 D 17,000 800 5. Enter amount from Form 8027, line 5 . . . . . . 5. E 12,000 450 6. Divide line 4 by line 5, enter as a decimal (at least F 14,000 680 4 decimal places) . . . . . . . . . . . . . . . . . . 6. Totals $100,000 $5,700 7. Subtract line 6 from line 3; if zero or less, stop 1. $100,000 (gross receipts) x 0.08 = $8,000 here . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 2. $8,000 − $500 (tips reported by indirectly tipped employees) = 8. Potential unreported tips. Multiply line 7 by $7,500 line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 3. Directly tipped Directly employees' (Times) Employee's tipped share of 8% of Gross receipts share of 8% employees the gross ratio of gross Once you have completed the worksheet: A $7,500 18,000/100,000 = $1,350 • If the entry on line 7 is zero or less, your employees are B $7,500 16,000/100,000 = 1,200 probably accurately reporting their tips; however, C $7,500 23,000/100,000 = 1,725 D $7,500 17,000/100,000 = 1,275 • If the entry on line 8 is greater than zero, depending on E $7,500 12,000/100,000 = 900 the type of operation you have, it is possible that your F $7,500 14,000/100,000 = 1,050 employees aren't reporting all of their tip income to you. Total $7,500 Another quick method to determine if your 4. Directly Employee's TIP employees are properly reporting all of their tips to tipped share of 8% of (Minus) Employee you is to compare the rate of tips reported on employees the gross Tips reported shortfall credit sales to the rate of tips reported on cash sales. For A $1,350 $1,080 = $270 example, if line 3 in the worksheet greatly exceeds the rate B $1,200 880 = 320 determined from dividing reported cash tips by reportable C $1,725 1,810 = – D $1,275 800 = 475 cash receipts (that is, total cash receipts less nonallocable E $ 900 450 = 450 cash receipts), some of your employees may not be F $1,050 680 = 370 reporting all of their tips to you and you should generally Total shortfall $1,885 be showing an amount on line 7 (“Allocation of tips”) of 5. $8,000 less $6,200 (total tips reported) = $1,800 (amount allocable Form 8027. among employees who had a shortfall) 6. Shortfall Allocable (Times) Amount of Do You Need Help? employees amount Shortfall ratio allocation If it appears that not all tips are being reported to you, the A $1,800 $270/1,885 = $258 IRS offers a service called the Tip Rate Determination & B $1,800 320/1,885 = 306 D $1,800 475/1,885 = 454 Education Program. This program can assist you, the E $1,800 450/1,885 = 430 employer, in implementing more effective methods of tip F $1,800 370/1,885 = 353 income reporting. The program also offers assistance in Because employee C has no shortfall, there is no allocation to C. educating tipped employees concerning their obligations relating to the reporting of any tip income they receive. To find out more about this program or to participate in a In this example, the total amount of the allocation voluntary tip compliance agreement, see Pub. 3144. You TIP is $1,801 resulting from the rounding off to whole may also send an email to TIP.Program@irs.gov and numbers. request information on this program. Technical Services Operation (TSO) is available to For additional examples for the hours-worked method answer questions about reporting on Forms 8027, W-2, and gross receipts method, see Regulations section W-3, 1099, and other information returns. If you have 31.6053-3(f). questions about reporting on information returns, call TSO Employer's Optional Worksheet toll free at 866-455-7438 or 304-263-8700 (not toll free). The IRS welcomes calls via your choice of relay. Deaf or for Tipped Employees hard of hearing taxpayers using a relay service may call Unreported tip income can lead to additional employer any of our toll-free numbers. liability for social security tax and Medicare tax. As a You can also reach the center by email at means of determining if your employees are reporting all mccirp@irs.gov. Don't include tax identification numbers of their tips to you, please take a few minutes to voluntarily (TINs) or attachments in email correspondence because it complete the following worksheet. Completing this isn't secure. worksheet is only for the employer's information (don't send it to the IRS). Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You're required to give us the information. We need it to ensure that you're Instructions for Form 8027 (2023) -9- |
Enlarge image | Page 10 of 10 Fileid: … ions/i8027/2023/a/xml/cycle04/source 10:07 - 24-Aug-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. complying with these laws and to allow us to figure and administer their tax laws. We may also disclose this collect the right amount of tax. information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal Chapter 61, Information and Returns, of Subtitle F, laws, or to federal law enforcement and intelligence Procedure and Administration, requires certain employers agencies to combat terrorism. to report gross receipts, tips reported to them, and any allocated tips; and to furnish the amount of any allocated The time needed to complete and file these forms will tips to affected employees. Section 6053 and its related vary depending on individual circumstances. The regulations provide the definitions and methodology to be estimated average times are: used in completing these forms. If you fail to provide this Forms 8027 8027-T information in a timely manner, you may be liable for Recordkeeping. . . . . . . . . . . . . . . . 7 hr., 53 min. 43 min. penalties as provided by section 6721. Learning about the law or the form. . . 53 min. You're not required to provide the information requested Preparing and sending the form to the on a form that is subject to the Paperwork Reduction Act IRS. . . . . . . . . . . . . . . . . . . . . . . 1 hr., 3 min. unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become If you have comments concerning the accuracy of material in the administration of any Internal Revenue law. these time estimates or suggestions for making these Generally, tax returns and return information are forms simpler, we would be happy to hear from you. You confidential, as required by section 6103. However, can send us comments from IRS.gov/FormComments. Or section 6103 allows or requires the IRS to disclose or give you can send your comments to Internal Revenue Service, the information shown on your tax return to others as Tax Forms and Publications Division, 1111 Constitution described in the Code. For example, we may disclose your Ave. NW, IR-6526, Washington, DC 20224. Don't send the tax information to the Department of Justice for civil and tax forms to this address. Instead, see Where To File, criminal litigation, and to cities, states, the District of earlier. Columbia, and U.S. commonwealths and territories to -10- Instructions for Form 8027 (2023) |