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4070 Form: What You Should Know
See The IRS Allows Employees To Report Tips To Their Employer — IRS (PDF) IRS Form 4070 | Employee's Report of Tips to Employer Example An employee of a restaurant who takes home a 30-per-week gross 100-per-week tips receives no more than 15 per week in additional tips. The restaurant could therefore deduct the tips an employee receives and report that amount on Form 4070, but they would report the amount on Form 4073, Employee's Daily Record of Tips. The restaurant's reporting of tips is not subject to IRS examination under IRC 7609. If, however, the tips are paid into the restaurant's Wages and Tips account for payroll tax purposes, then the restaurant would be subject to IRC 7609. For more information, see A Tip of a Tip at a Tip of a Tax ! (PDF). (See Tips — Tips And The Wages And Tips Tax Compliance Act) Payroll Taxes. An employee's report on Form 4070 will be subject to Payroll taxes deductions in cases involving the employer in which the employee is an employee for a period of 1 business day in the calendar year immediately following the reporting of tips. The employee must report the income on the form the same period the taxes apply so that the employee's return covers the period for which the taxes apply. See Form 4070 : Employees who are not subject to special rules must report their tips on Form 4070A (see Employee's Daily Record Of Tips above). Tips are included in the employee's gross income. Tips are not included within the employee's wages or salary. For a wage to receive the term “wage,” it should not be subject to any of the following: Any Federal Unemployment Tax, Social Security Tax, or Medicare Tax. Any Federal Unemployment Tax rates. Any Additional Medicare Tax on the wages of self-employed individuals. Taxes on wages or salary that are not subject to this definition of wage. Wages and salaries that are neither subject to these Federal unemployment tax rates nor that are taxed in any way. The definition of wages and salaries can be discussed with an accountant or tax service if tips are not included in wages or salaries. The Guide to Wage and Salary Taxes And Filing Procedures (PDF) (available on IRS.gov) will provide information on the tax treatment for tips.
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