The 2026 No Tax on Tips Law โ What Service Workers Need to Know
The One Big Beautiful Bill (OBBBA, Public Law 119-21) created the first-ever federal income tax exclusion for tip income. Starting with the 2025 tax year and continuing through 2028, eligible tipped workers can exclude up to $25,000 in tips per year from federal income tax.
Which Occupations Qualify?
The exclusion applies to workers in occupations where tipping is a customary and established practice:
- ๐ฝ๏ธ Restaurant servers, bartenders, and food service workers
- ๐จ Hotel bellhops, concierge, and hospitality staff
- ๐ Hair stylists, nail technicians, and estheticians
- ๐ Taxi, rideshare, and delivery drivers
- ๐ฐ Casino dealers and gaming employees
- ๐ Massage therapists and spa workers
- ๐๏ธ Other service industry workers in customarily tipped roles
The Full "Customarily Tipped" Occupations List (2026)
The IRS has identified occupations across multiple industries that qualify under OBBBA Section 70201:
- Waitstaff & servers
- Bartenders
- Bussers
- Baristas
- Food delivery drivers
- Hotel housekeepers
- Bellhops & porters
- Concierges
- Valets
- Room service staff
- Hair stylists
- Nail technicians
- Estheticians
- Massage therapists
- Spa workers
- Taxi drivers
- Rideshare drivers
- Shuttle drivers
- Parking attendants
What Tips Qualify vs. Don't Qualify
| Tip Type | Qualifies for Exclusion? |
|---|---|
| Voluntary cash tips left by customers | โ Yes |
| Voluntary credit card tips | โ Yes |
| Mandatory service charges (auto-gratuity) | โ No โ taxable wages |
| Tips shared/pooled with co-workers | โ Yes (your allocated share) |
| Tips from non-tipped job duties | โ No โ must be customarily tipped occupation |
Qualifying vs. Non-Qualifying Tips
| Tip Type | Qualifies for $25k Exclusion? |
|---|---|
| Voluntary cash tips from customers | โ Qualifying |
| Voluntary credit/debit card tips | โ Qualifying |
| Tips shared from pooling arrangements | โ Qualifying (your allocated share) |
| Mandatory service charges (auto-gratuity) | โ Non-qualifying โ counted as wages |
| Tips from non-tipped job duties | โ Non-qualifying โ occupation must be customarily tipped |
| Non-cash tips (e.g., tickets, goods) | โ ๏ธ Taxable โ exclusion applies to cash/card tips only |
What's Still Taxed
The tip exclusion only covers federal income tax. The following still apply to all tip income:
- Social Security tax (6.2% on all tips)
- Medicare tax (1.45% on all tips)
- State income tax (varies by state)
How to Track and Claim Tips
Keep a daily tip log using IRS Form 4070A. Report all tips over $20/month to your employer. For 2026, your qualified tip amount will be reported on a new W-2 box โ look for IRS guidance on the specific box designation. You will claim the exclusion on your 2026 Form 1040 using Schedule 1.