Last progress June 9, 2025 (8 months ago)
Introduced on June 9, 2025 by Tim Scott
Read twice and referred to the Committee on Finance.
Expands an existing federal tax credit to let certain tips from defined beauty services qualify, sets rules businesses must meet before that credit applies, and adds new IRS protections and reporting for tip and rental-payment activity in the beauty-service industry. It creates a “tip program safe harbor” that prevents employer tip audits if the employer follows specified steps, and it requires landlords or space-rental businesses that receive $600+ per year from multiple beauty-service providers to report those payments to the IRS and to the providers. Most of the new rules take effect for tax years and payments after December 31, 2025. The changes aim to bring tips from beauty services into the tax-credit rules, reduce employer audit risk when employers implement compliant tip-reporting programs, and increase reporting of rental income in the beauty-service sector — with new recordkeeping and reporting responsibilities for businesses and potential compliance costs for small providers and landlords.
Amends Section 45B of the Internal Revenue Code to limit application of the tip-related credit to tips received from customers or clients for certain services: (A) providing, delivering, or serving food or beverages for consumption where tipping by customers is customary; and (B) providing beauty services to a customer or client where tipping by customers is customary.
Adds a limitation specific to beauty services: the rule allowing the credit for tips from beauty services (paragraph (2)(B)) does not apply for a taxpayer in a taxable year unless the aggregate amount of tips taken into account by the employer for those beauty services exceeds 15 percent of the taxpayer's gross receipts from those beauty services for that taxable year.
Adds a new definition of "beauty service" to Section 45B(e). The term means: (1) barbering and hair care; (2) nail care; (3) esthetics; and (4) body and spa treatments.
Makes textual changes to Section 45B(b)(1)(B) described as: (1) by striking [text]; and (2) by inserting [text] after [text]. The section shows the edits but does not display the specific text being struck or inserted in this excerpt.
Effective date: the amendments made by this section apply to taxable years beginning after December 31, 2024.
Who is affected and how:
Beauty-service workers (stylists, barbers, nail technicians, estheticians, etc.): The bill can make more tip income eligible for an existing federal tax credit, potentially lowering net tax liabilities for employees who report tips and whose employers meet the receipts threshold. The safe-harbor may indirectly reduce employer pushback on tip-reporting programs, which can affect how tips are collected and reported to employees.
Beauty-service businesses and employers (salons, spas, barbershops, booth-rent operators): Businesses that derive at least 15% of receipts from qualifying beauty services may have tips treated under the expanded credit, but they must implement employee education, monthly tip-reporting, withholding, and recordkeeping to secure the safe harbor. That creates compliance costs (staff time, payroll system updates, record retention) but reduces employer-level audit risk if done correctly.
Landlords / space-rental businesses in the beauty sector (booth or chair renters and property owners): Those receiving $600+ in aggregate from two or more beauty-service providers in a year must file IRS information returns and provide statements to providers, adding an administrative reporting requirement and potential costs to small landlords and shared-space operators.
Tax preparers and payroll processors: Will see increased demand to implement monthly tip-reporting procedures, prepare information returns, and advise clients on qualifying for the safe harbor and applying the receipts test.
IRS and tax administration: The bill narrows circumstances for employer-level tip audits when safe-harbor conditions are met, while creating a new stream of rental-payment data the IRS can use for compliance and enforcement. This may change enforcement focus from employer audits toward data-driven compliance using the new information returns.
Overall effects and tradeoffs:
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Last progress April 2, 2025 (10 months ago)