US Federal 2023-2024 Regular Session

US Federal House Bill HB45

Introduced
1/9/23  

Caption

Small Business Tax Fairness and Compliance Simplification Act This bill expands the tax credit for a portion of the employer-paid Social Security taxes for employee cash tips to include beauty service establishments. (Under current law, the credit is limited to tips received for providing, serving, or delivering food or beverages.) The credit applies to tips received in connection with providing beauty services to a customer or client if tipping employees who provide the service is customary. Beauty services include barbering and hair care, nail care, esthetics, and body and spa treatments. The bill also (1) establishes an employer tip reporting safe harbor for beauty service establishments, and (2) specifies reporting requirements for income received from renting space to individuals who provide beauty services. The employer tip reporting safe harbor for beauty service establishments provides an exemption from certain Internal Revenue Service tip examinations for employers who meet certain requirements for educational programs, reporting procedures, compliance with tax law, and recordkeeping.

Impact

The proposed legislation has several notable provisions. It defines 'beauty service' to include activities such as barbering, hair care, nail care, esthetics, and various spa treatments. Additionally, it institutes an employer tip reporting safe harbor designed to exempt qualifying businesses from particular IRS examinations, provided they adhere to certain educational programs and reporting procedures. This aims to provide a framework that encourages compliance while lightening the regulatory load on employers in the beauty sector.

Summary

House Bill 45, known as the Small Business Tax Fairness and Compliance Simplification Act, seeks to amend the Internal Revenue Code to enhance tax compliance in the beauty service industry. Specifically, it looks to simplify reporting requirements and reduce the burdens associated with tip reporting for beauty service establishments. The bill extends the existing tax credit for a portion of employer-paid Social Security taxes on tips to cover beauty services provided by employees, thereby acknowledging the customary nature of tipping in this sector.

Contention

Though the bill is primarily framed as a measure to support small business owners within the beauty service industry, it may face scrutiny regarding its implications on tax revenue enforcement and compliance mechanisms. Opponents might argue that the safe harbor provision could inadvertently facilitate tax evasion or improper reporting of income. Alternatively, proponents will likely highlight that such amendments are necessary to recognize the unique economic dynamics of the beauty sector, thus necessitating tailored approaches for effective tax compliance.

Companion Bills

US SB45

Related bill Small Business Tax Fairness and Compliance Simplification Act This bill expands the tax credit for a portion of the employer-paid Social Security taxes for employee cash tips to include beauty service establishments. (Under current law, the credit is limited to tips received for providing, serving, or delivering food or beverages.) The credit applies to tips received in connection with providing beauty services to a customer or client if tipping employees who provide the service is customary. Beauty services include barbering and hair care, nail care, esthetics, and body and spa treatments. The bill also (1) establishes an employer tip reporting safe harbor for beauty service establishments, and (2) specifies reporting requirements for income received from renting space to individuals who provide beauty services. The employer tip reporting safe harbor for beauty service establishments provides an exemption from certain Internal Revenue Service tip examinations for employers who meet certain requirements for educational programs, reporting procedures, compliance with tax law, and recordkeeping. The Government Accountability Office must study and report on the impact of the extension of the employer social security tax credit on employers and employees.

Previously Filed As

US HB1324

An income tax deduction for cash and noncash tips received by a food or beverage service establishment employee; and to provide an effective date.

US HB67

Small Business Flexibility ActThis bill provides statutory authority for the pooling of tips among two pools of employees. The first pool consists of employees who customarily and regularly receive tips (as is permitted under the current statute). The second pool consists of (1) employees who customarily and regularly receive tips and are paid at least minimum wage, and (2) employees who do not customarily and regularly receive tips.  

US A00200

Provides employers with a tax credit in an amount not to exceed 20% of expenses incurred in providing day care services to the children and wards of its employees and in training persons employed by the taxpayer or a third party provider rendering such services; provides that to receive such credit the facility or program rendering day care services must be licensed.

US S03380

Provides employers with a tax credit in an amount not to exceed 20% of expenses incurred in providing day care services to the children and wards of its employees and in training persons employed by the taxpayer or a third party provider rendering such services; provides that to receive such credit the facility or program rendering day care services must be licensed.

US S00170

Provides employers with a tax credit in an amount not to exceed 20% of expenses incurred in providing day care services to the children and wards of its employees and in training persons employed by the taxpayer or a third party provider rendering such services; provides that to receive such credit the facility or program rendering day care services must be licensed.

US SB922

Relating to the payment of tips received by employees in the food service industry.

US S08746

Provides that receipts from other services and other business receipts, taxpayers, and combined groups including members, engaged in providing professional employer organization services shall include with such receipts amounts received with respect to wages, benefits, and other employee expenses disbursed to or for the benefit of a client's worksite employees and the related employment taxes if the amounts received are included in the calculation of the business income base or the combined business income base, respectively.

US HB558

Tip Tax Termination Act This bill excludes from gross income for federal tax purposes up to $20,000 of eligible tips received during the tax year. The bill also requires the Internal Revenue Service to modify the tables and procedures used to withhold federal income tax from wages to take into account eligible tips excluded from gross income. The bill defines eligible tips as amounts received while performing services in a position that generally relies on tips as part of wages, including cosmetology, hospitality, and food service.Further, under the bill, the amount of eligible tips excluded from gross income must not be included in determining federal tax deductions or credits, except for purposes of calculating the child tax credit and earned income tax credit.Finally, the exclusion from gross income only applies to eligible tips received before 2030.

US A03141

Provides that receipts from other services and other business receipts, taxpayers, and combined groups including members, engaged in providing professional employer organization services shall include with such receipts amounts received with respect to wages, benefits, and other employee expenses disbursed to or for the benefit of a client's worksite employees and the related employment taxes if the amounts received are included in the calculation of the business income base or the combined business income base, respectively.

US S03330

Provides that receipts from other services and other business receipts, taxpayers, and combined groups including members, engaged in providing professional employer organization services shall include with such receipts amounts received with respect to wages, benefits, and other employee expenses disbursed to or for the benefit of a client's worksite employees and the related employment taxes if the amounts received are included in the calculation of the business income base or the combined business income base, respectively.

Similar Bills

No similar bills found.