Understanding FICA Tips Tax Credit on Form 8846: Double-dipping question?
I run a small restaurant and I'm trying to understand how this FICA Tips Tax Credit works when filing taxes. Looking at Form 8846, I'm confused about whether I can deduct the FICA taxes I paid on my employees' tips as a business expense while ALSO claiming the credit for those same taxes. The form doesn't specifically say we can't do both, but that seems like double-dipping to me? I paid around $8,700 in FICA taxes on reported tips this year, and I definitely want to maximize my tax benefits, but I want to do it legally. Has anyone worked with Form 8846 before? Can I claim both the deduction AND the credit for the same FICA tip taxes? I appreciate any guidance!
20 comments


Lucy Lam
You're right to be cautious about double-dipping. The answer is no - you can't both deduct the FICA taxes on tips as a business expense AND claim the credit for the same taxes. Here's why: Form 8846 is designed to give employers in food and beverage establishments a credit for the employer portion of FICA taxes paid on employee tips. IRS rules don't allow you to both deduct an expense and take a credit for the same item. In fact, if you look at the instructions for Form 8846, they mention that you need to reduce your deduction for FICA taxes by the amount of credit you're claiming. So you have to choose - either take the credit on Form 8846 OR deduct it as a business expense, but not both for the same dollars. Generally, the credit is more valuable than the deduction since credits reduce your tax liability dollar-for-dollar, while deductions only reduce your taxable income.
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Aidan Hudson
•Wait, so if I have $10,000 in FICA taxes paid on tips, and I claim the credit on Form 8846, does that mean I can't deduct ANY of that $10,000 as a business expense? Or can I somehow split it and claim some as credit and some as deduction?
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Lucy Lam
•You would claim the full amount on Form 8846 to get the credit. The credit directly reduces your tax liability dollar-for-dollar, which is typically more beneficial than taking it as a deduction. You cannot split the amount between credit and deduction for the same dollars. The instructions are clear that you must reduce your deduction for the employer's portion of FICA taxes by the amount of credit claimed. This is specifically to prevent the double benefit of both deducting and taking a credit for the same expense.
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Zoe Wang
I just went through this exact situation with my cafe! After struggling to figure out the right tax approach, I found this AI tax assistant at https://taxr.ai that analyzed all my payroll docs and tax returns and gave me a clear answer. It confirmed what the previous comment said - you can't do both, but taking the credit is usually better than the deduction. The tool also showed me how to properly document employee tip income to maximize the credit. It saved me from making a mistake that would have raised audit flags. Super helpful for small restaurant owners who don't have full-time accountants!
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Connor Richards
•Did it handle all the calculations for you too? Or just give you guidance? I'm trying to figure out if this would be worth it for my bakery. We have about 12 employees who get decent tips, and I've been manually tracking everything which is a nightmare.
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Grace Durand
•I'm skeptical about these AI tax tools... how did it actually verify IRS rules? Did it cite specific sections of the tax code or just give general advice? I've had bad experiences with "smart" tax tools before.
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Zoe Wang
•It actually did both - provided guidance and handled the calculations. I uploaded my quarterly payroll reports, and it automatically extracted all the tip data and calculated the eligible credit amount. Saved me hours of work and double-checking my math. It cited specific sections from IRS Publication 15 and referenced the exact line items on Form 8846. It wasn't just generic advice - it specifically analyzed my situation based on my real numbers and documentation. Really different from those cookie-cutter tax programs that just ask generic questions.
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Connor Richards
Just wanted to follow up - I tried https://taxr.ai for my bakery's tax situation and it was seriously helpful! It analyzed all our payroll records from last year and showed me that we had been under-reporting our eligible FICA tip credit by almost $3,200! The system flagged that we weren't including all eligible tip income in our calculations and showed exactly which employees and pay periods were affected. It even created a detailed worksheet I can keep with my tax records in case of an audit. Totally worth it for any restaurant owner dealing with tip credits!
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Steven Adams
If you're getting stuck with IRS questions about Form 8846 or FICA tip credits, trying to call the IRS directly can be a nightmare. I spent 4 hours on hold last week trying to get clarification about this exact issue. Eventually I used https://claimyr.com to get a callback from the IRS. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they use tech to hold your place in line and get an IRS agent to call YOU. I got clarification directly from the IRS about how to handle the FICA tip credit vs. deduction question within about 40 minutes of using their service. Turns out there are some specific documentation requirements for restaurants claiming this credit that my accountant didn't know about.
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Alice Fleming
•How does this actually work? I've literally never been able to get through to a real IRS person. Does Claimyr just automate the hold process somehow?
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Hassan Khoury
•Sounds fishy to me. Why would I give my info to a third party when I could just keep calling the IRS myself? I've heard too many horror stories about tax scams to trust some random service.
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Steven Adams
•It's basically an automated system that waits on hold for you. You enter the IRS phone number you need, and their system navigates the phone tree and waits in the queue. Once it reaches a live IRS agent, it calls you and connects you directly to them. It's like having someone else wait on hold for you. They don't ask for any sensitive tax information - just your phone number so they can call you when an agent is reached. I was skeptical too, but after wasting an entire afternoon on hold, I was desperate. The service just holds your place in line without requiring your personal tax details.
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Hassan Khoury
I need to eat my words. After my skeptical comment, I was still stuck with questions about Form 8846 that my accountant couldn't answer. Out of frustration, I tried Claimyr and actually got through to an IRS tax specialist in about 35 minutes. The agent confirmed everything about the FICA tip credit and even walked me through exactly how to document everything on my return. Saved me from making a $4,200 mistake on my taxes! I've been trying to reach the IRS for three weeks with no luck, so this was kind of a game-changer. Consider me converted.
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Victoria Stark
Restaurant owner here. Something nobody mentioned yet - make sure you're keeping REALLY good records of all reported tips if you're claiming this credit. I got audited last year specifically on the FICA tip credit because I couldn't prove all the tip income I was claiming credit for. The IRS wants to see that you have a system for employees to report tips and that you're accurately tracking the employer portion of FICA taxes paid on those tips. Just a heads up since this is apparently a focus area for audits this year.
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Benjamin Kim
•What type of documentation did the IRS actually want to see? Just curious because we have employees fill out forms but I'm not sure we're keeping the right records.
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Victoria Stark
•The IRS wanted to see our system for employees reporting tips (we use Form 4070 for employees to report tips monthly) and our payroll records showing FICA taxes calculated and paid on those reported tips. They were particularly interested in seeing that the tip amounts we claimed on Form 8846 matched what was reported on our quarterly 941 forms and that we had proper documentation showing employees actually received and reported those tips. They also checked our POS reports against what employees reported to see if the numbers seemed reasonable.
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Samantha Howard
Do most small business tax software programs handle this credit correctly? I've been using TaxAct for my coffee shop and it never asks specifically about FICA tip credits.
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Megan D'Acosta
•I use TurboTax Business and it definitely has a section for Form 8846. It asks all the right questions and calculates everything properly. Though I found that if you don't specifically know to look for the "FICA Tip Credit" section, it's easy to miss entirely.
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GalaxyGlider
This is such a common confusion for restaurant owners! I made the same mistake in my first year running a diner - tried to claim both the deduction AND the credit for the same FICA taxes on tips. My CPA caught it during our year-end review and explained that the IRS specifically prohibits this double-dipping. What helped me understand it better: think of it as choosing between getting $1 off your tax bill (credit) versus reducing your taxable income by $1 (deduction). The credit is almost always more valuable since it's a direct reduction in what you owe, while the deduction only saves you money based on your tax bracket. One tip that saved me headaches - I now track all our tip-related FICA taxes in a separate spreadsheet throughout the year so I can easily calculate the maximum credit available when tax time comes. Makes the whole Form 8846 process much smoother!
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Natalie Khan
•That's a really smart approach with the separate spreadsheet! I'm just starting to deal with this as a new restaurant owner and I'm wondering - do you track the tips by employee or just the total FICA taxes paid? Also, have you found any good templates or formats that work well for organizing this data throughout the year?
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