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Tips and the Federal Insurance Contribution Act (FICA) As employers, restaurant owners must pay taxes on the gratuities that servers and other employees receive from customers. Tips are defined as income with respect to FICA. The IRS has enacted an income tax credit known as the FICA tip credit.
§45B, Employer Tax Credit for FICA Paid on Tip Income A nonrefundable income tax credit is available to employers operating food and beverage establishments for a portion of employer social security taxes paid or incurred on employee cash tips (FICA tip credit) (IRC § 45B ).
FICA is a U.S. federal payroll tax. It stands for the Federal Insurance Contributions Act and is deducted from each paycheck. Your nine-digit number helps Social Security accurately record your covered wages or self- employment. As you work and pay FICA taxes, you earn credits for Social Security benefits.
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