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christina | Do I have to claim these tips? |
I have been offered a job that pays by tips ONLY. I am wondering if I take this job do I have to file these tips as income on my taxes this year? I know that you are supposed to file tips on your taxes but if they are not paying me anything by the hour do I have to? I'm wondering if they are even going to file me as an employee or even give me a W2 at the end of the year. Can they do that? Any help would be appreciated.
Additional Details
I decided to not to take the job. I think what they were going to do was keep the $2.13 an hour (that they were not going to pay me) for themselves. They are also not doing that much business so I would be lucky if I made $10 a day... I will just keep looking for a job that actually pays legally. Thanks for everyone's help!! |
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Judy1
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Yes you have to claim tips.
But by federal law, they aren't allowed to pay you tips only - federal minimum wage is $2.13 an hour in ADDITION to your tips.
They are required by law to have you report all of your tips to them, and withhold taxes from the tips, and give you a W-2 at the end of the year - but if they are ignoring the minimum wage law, I'd be surprised if they followed any of the rest of employment law.
Long store short - find a different job. |
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bostonianinmo
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The cannot legally pay you tips only. Although a lower minimum wage generally does apply to tipped employees they MUST pay you the prevailing minimum wage, no matter how much you make in tips.
And yes, all tips are taxable. You must report them to your employer at least monthly in any month that you receive $20 or more in tips. They are required to withhold taxes on the base wage and the tips if enough money is in your base wage to cover the tax liability. If not enough is earned in the base wage, the uncollected Social Security and Medicare taxes on the tips are shown on your W-2 and you must pay them when you file. If you're in that situation, you can either give the employer enough of your tips to cover the taxes due, or make quarterly estimated tax payments using Form 1040-ES. |
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travelguruette
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You need to define your job before you start. Independent contractor or employee. Once you define that you can go on from there. |
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Tim
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I agree it sounds bogus.
If you are paid tips, you do have to declare them and pay taxes on them
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Jss
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If you are not an employee, then you are independent contractor.
You will get 1099-misc instead of W2. How you will treat the 1099-Misc income, read: http://taxipay.blogspot.com/2008/03/w2-or-1099-employee-or-independent.html |
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smeagol8
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Legally you have to claim them. I'll bet they don't claim you as an employee and you won't get a W2. They will probably say you are an "independent contractor", not an employee. This will not stand up in court, unless you work for more than one employer. But they will get away with it until they get busted for it. |
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so got board
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the irs would like you to declare every penny you earn. that's the legal answer even if the job your doing is illegal say money laundering, you still have to pay taxes on your ill gotten gains.
the truth is if you make tips the tips you make in cash are relatively untraceable however the company you work for should have some way of estimating the tips you would make. because you have to pay your taxes on a regular basis not once a year and your place of Business has to match your contribution to both your medicare and social security. If they do not do this they are running an awful shady business. so really the answer is all of your traceable credit tips and a portion of your untraceable cash tips will could be taxed and show up on a w2. |
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truth teller
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This job sounds totally bogus |
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