Amends the Internal Revenue Code to treat the first $10,000 of tips received for cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper delivery, and shoe shine services as property transferred by gift, thus exempting such tips from income, employment, and unemployment taxation and from wage withholding.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5917 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5917
To amend the Internal Revenue Code of 1986 to provide that tips
received for certain services shall not be subject to income or
employment taxes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2006
Mr. Sodrel (for himself, Mr. Hunter, Mr. McHenry, Mr. Rohrabacher, Mr.
Kuhl of New York, Mrs. Blackburn, Mr. Pence, Mr. Simmons, Mr. Gerlach,
Mr. Paul, and Ms. Harris) introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide that tips
received for certain services shall not be subject to income or
employment taxes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR
EMPLOYMENT TAXES.
(a) In General.--Section 102 of the Internal Revenue Code of 1986
(relating to gifts and inheritances) is amended by adding at the end
the following new subsection:
``(d) Tips Received for Certain Services.--
``(1) In general.--For purposes of subsection (a), tips
received by an individual for qualified services performed by
such individual shall be treated as property transferred by
gift.
``(2) Qualified services.--For purposes of this subsection,
the term `qualified services' means cosmetology, hospitality
(including lodging and food and beverage services), recreation,
taxi, newspaper deliveries and shoe shine services.
``(3) Annual limit.--The amount excluded from gross income
for the taxable year by reason of paragraph (1) with respect to
each service provider shall not exceed $10,000.
``(4) Employee taxable on at least minimum wage.--Paragraph
(1) shall not apply to tips received by an employee during any
month to the extent that such tips--
``(A) are deemed to have been paid by the employer
to the employee pursuant to section 3121(q) (without
regard to whether such tips are reported under section
6053), and
``(B) do not exceed the excess of--
``(i) the minimum wage rate applicable to
such individual under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (determined
without regard to section 3(m) of such Act),
over
``(ii) the amount of the wages (excluding
tips) paid by the employer to the employee
during such month.
``(5) Tips.--For purposes of this title, the term `tips'
means a gratuity paid by an individual for services performed
for such individual (or for a group which includes such
individual) by another individual if such services are not
provided pursuant to an employment or similar contractual
relationship between such individuals.''.
(b) Exclusion From Social Security Taxes.--
(1) Paragraph (12) of section 3121(a) of such Code is
amended to read as follows:
``(12)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d);''.
(2) Paragraph (10) of section 209(a) of the Social Security
Act is amended to read as follows:
``(10)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d) of the Internal Revenue Code of 1986 for such
month;''.
(3) Paragraph (3) of section 3231(e) of such Code is
amended to read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' also includes
cash tips received by an employee in any calendar month in the
course of his employment by an employer if the amount of such
cash tips is $20 or more and then only to the extent includible
in gross income after the application of section 102(d).''.
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 of such Code is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall include tips received in any month only to the
extent includible in gross income after the application of section
102(d) for such month.''.
(d) Exclusion From Wage Withholding.--Paragraph (16) of section
3401(a) of such Code is amended to read as follows:
``(16)(A) as tips in any medium other than cash;
``(B) as cash tips to an employee in any calendar month in
the course of his employment by an employer unless the amount
of such cash tips is $20 or more and then only to the extent
includible in gross income after the application of section
102(d);''.
(e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A)
of such Code are each amended by striking ``tips'' and inserting ``tips
(to the extent includible in gross income after the application of
section 102(d))''.
(f) Effective Date.--The amendments made by this section shall
apply to tips received after the calendar month which includes the date
of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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