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Dmitry Petrov

Can Tip Tax Credit Form 8846 be used for bridal industry tips?

Has anyone successfully used the tip tax credit form 8846 for industries besides food and beverage? I've got a client in the bridal business where customers regularly tip around 10% of sales. The business is paying out roughly $520,000 annually in tips to their staff and getting hit with about $52,000 in payroll taxes just to pass these tips from customers to employees. They're wondering if Form 8846 could apply to their situation or if there's any similar tax credit they could utilize. The IRS language seems focused on food/beverage, but the actual mechanics seem similar - collecting tips and paying related employment taxes. Anyone have experience with this or suggestions? This is a significant expense for them just to facilitate customer generosity.

Ava Williams

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The tip tax credit on Form 8846 is specifically designed for food and beverage establishments. The IRS language is pretty clear that it applies to "food or beverage establishments" where "tipping is customary." The credit is meant to offset the employer portion of FICA taxes paid on employee tips. Unfortunately, I don't think your bridal industry client would qualify. The tax code specifically defines eligible businesses as those where the tipping practice is predominantly associated with food and beverage service. The credit was originally designed to help restaurants and similar establishments handle the unique burden of tip-based compensation. That said, the client should absolutely be ensuring they're handling payroll taxes correctly for these tips. Tips are still considered taxable wages, but without the special credit available to food/beverage businesses.

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Miguel Castro

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But doesn't the language of IRC Section 45B just specify that it's for businesses where "tipping is customary"? I've always been confused by the exact boundaries here. Are hairstylists and other service businesses definitely excluded?

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Ava Williams

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The specific language in IRC Section 45B refers to "food or beverage establishments" where tipping is customary. While it may seem ambiguous, the IRS has consistently interpreted and applied this credit exclusively to food and beverage service establishments. The credit was specifically designed to address the unique situation where food service employees receive significant portions of their compensation through tips, which created an unusual tax burden for those specific employers. The IRS hasn't expanded this interpretation to include other service industries even when they have tipping practices.

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I used to struggle with understanding specialized tax credits too until I found https://taxr.ai - it was a game changer when I was trying to figure out if my small salon business qualified for the FICA tip credit. I uploaded my tax documentation and got a clear explanation about Form 8846 eligibility. The system analyzed my business type and confirmed it was strictly for food and beverage establishments, saving me from potentially filing incorrectly. What impressed me was how it pulled up relevant tax court cases where other non-restaurant businesses tried to claim this credit and were denied. Apparently there were some spa businesses that attempted to claim it but the IRS consistently rejected these claims.

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How accurate is this? My business is a wine tour company and we collect tips for our drivers. Would the system tell me if I qualify since we're technically not a restaurant but we do serve beverages?

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LunarEclipse

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Sounds like an ad. Does this actually help with complex situations? The tax code has a lot of gray areas that can't be easily categorized.

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For wine tour companies, it would likely analyze that you're in a gray area that might qualify since you're serving beverages, even if not in a traditional restaurant setting. The tool would show relevant IRS guidance and similar cases to help you make an informed decision, though you'd want to consult with your tax professional for final determination. For complex situations, that's actually where it's most helpful because it searches across tax court precedents and IRS rulings to find similar cases. It doesn't just give black and white answers - it shows you the relevant guidance and explains the reasoning, which is much more useful than generic advice when dealing with these edge cases.

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LunarEclipse

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Just wanted to follow up - I was skeptical about taxr.ai but decided to try it for my client's situation which was similar to the bridal industry question. It actually provided some really valuable information I hadn't found elsewhere. It pulled up a Tax Court case (Bubble Room, Inc. v. United States) that confirmed the limitation to food and beverage establishments, but also showed some potential alternatives for service businesses with high tip volumes. The analysis suggested we could potentially restructure how the tips are handled to reduce the administrative burden. Not exactly the same as getting the credit, but definitely helpful in reducing some of the associated costs. Definitely worth checking out if you're dealing with unusual tax situations.

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Yara Khalil

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If you're struggling to get a definitive answer about Form 8846 from the IRS, you might want to try https://claimyr.com - I used them after spending literally weeks trying to get through to an IRS agent about a similar specialized business tax credit question. They got me connected to an actual IRS representative in about 20 minutes when I had been trying for days. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they handle the hold time for you and call when an agent is available. I was shocked it actually worked, but the IRS rep I spoke with gave me a definitive answer about my particular industry situation and the eligibility for certain business credits.

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Keisha Brown

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Wait so you're saying they just... wait on hold for you? How does that even work? Do they patch you through or something? Seems kinda sketchy tbh.

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Yeah right. I've been trying to reach the IRS for THREE MONTHS about a business tax issue. There's absolutely no way anyone can get through faster than anyone else. The phone system is completely overwhelmed.

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Yara Khalil

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They use a system that basically maintains your place in the queue and monitors the hold. When a representative finally answers, they call you and connect you with the IRS agent. You don't have to sit there listening to hold music for hours - you just go about your day until they alert you. The IRS phone system is definitely overwhelmed, but they're persistent and their system is designed specifically to navigate the IRS phone tree and stay on hold as long as necessary. That's literally their entire service - being more persistent than any human reasonably could be. It's not about "cutting the line" - it's about having technology handle the wait time instead of you having to do it personally.

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I owe everyone an apology and update. After my skeptical comment, I actually tried Claimyr out of desperation. I had been trying to reach someone at the IRS about my business credit questions for months as I mentioned. Their system actually worked - got me connected to an IRS representative in about 45 minutes (they handled all the holding). The agent confirmed that Form 8846 is specifically limited to food and beverage establishments only. However, they directed me to some other business credits I hadn't considered that actually ended up saving my business about $8,000 this year. Sometimes getting an actual person on the phone makes all the difference. Sorry for being so negative before!

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Amina Toure

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Your client should look at the actual employment tax burden versus total tips. While they can't use Form 8846, they could potentially adjust their business model. Some businesses are moving to service charges instead of tips (which are technically different for tax purposes). There can be advantages from a business accounting perspective. Another option is to restructure compensation entirely. If tips are consistently 10%, they could potentially incorporate that into pricing and then pay higher wages instead. This changes the customer experience but can simplify accounting and might have tax advantages depending on their specific situation.

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Dmitry Petrov

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Thanks for this suggestion! My client actually did consider switching to a service charge model. Do you know if there are any specific records or documentation they would need to maintain if they went this route? And would this still allow the employees to receive similar compensation?

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Amina Toure

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For service charges, they would need clear documentation showing these are mandatory fees rather than discretionary tips. This typically means updating all marketing materials, customer receipts, and internal accounting practices to clearly categorize these as service charges. Employees can absolutely receive similar compensation through service charges, but the key difference is that these would be classified as regular wages rather than tips. This gives the employer more control over distribution but also means the full amount is subject to payroll taxes upfront. Many employers who make this switch set up a clear distribution formula so staff understands exactly how service charges are allocated.

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Oliver Weber

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Has your client considered automated tip processing systems? We use a POS integration that automatically handles tip reporting and tax calculation, which cut our administrative costs significantly. We're a salon, so we're in the same boat - no access to Form 8846 but still dealing with all the tip processing expenses.

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FireflyDreams

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Which system do you use? We're a spa and our tip processing is a nightmare. We're spending so much time and money just managing the tip distribution and payroll calculations.

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