Fica.Credit

Eligibility Guidelines

Does your business qualify for the FICA Tip Credit?

Most hospitality business owners assume they don't qualify or that their CPA is already handling it. If your employees earn tips, you are likely leaving thousands on the table.

The "If This, Then Yes" Test
● IRS Section 45B

You have tipped employees

Your staff regularly receives tips from customers for their services.

You report their tips

Those tips are run through your payroll system and reported to the IRS.

You pay employer FICA

You pay the mandatory 7.65% employer tax match on those reported tips.

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Approval Rate
Over 95%
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Retroactive Claim
Up to 3 Years
01

Customary Tipping

Your employees must work in an industry where tipping is standard practice. This includes food and beverage, cosmetology, and general hospitality. Mandatory service charges or automatic gratuities sometimes have different classifications, but standard tips always qualify.

02

Tax Burden Incurred

You must actually be paying the employer portion of Social Security and Medicare taxes on these tips. If you operate entirely off the books (which violates tax law), you cannot claim a credit for taxes you never paid.

03

The Minimum Wage Rule

The credit only applies to the FICA taxes paid on tips that push your employee's earnings above the federal minimum wage benchmark of $5.15/hr. If tips are only used to get them up to $5.15, those specific tip dollars do not generate a credit.

Eligible Industries

Historically associated with restaurants, IRS rulings have expanded the scope of Section 45B. If your business model relies on tipped labor, you belong here.

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Restaurants & Cafés

The most common beneficiaries of the tip credit. From massive fine-dining establishments to local coffee shops, if your staff is tipped, you qualify.

Servers Bussers Hosts
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Bars & Nightclubs

High-volume tip environments generate massive FICA tax burdens. Bars and nightclubs typically see the highest average return per employee.

Bartenders Barbacks VIP Service
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Salons & Beauty Spas

Hair salons, nail spas, and massage therapists often overlook this credit. If your stylists are W2 employees (not independent contractors), you qualify.

Stylists Estheticians Massage Therapists
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Hotels & Hospitality

Resorts and boutique hotels employ a massive array of tipped workers. The aggregate tip credit for a single hotel property is often in the six figures.

Bellhops Housekeeping Concierge
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Delivery & Catering

Food delivery services and event catering companies that employ their own tipped drivers and event staff are fully eligible to claim the tax credit.

Delivery Drivers Event Staff Caterers
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Other Tipped Services

The IRS looks at the nature of the compensation, not just the industry. Many niche businesses with tipped W2 employees qualify.

Valet Drivers Car Washes Tour Guides

Why business owners think they don't qualify.

We hear the same objections every day from owners who are leaving thousands on the table. Here is the truth behind the most common FICA Tip Credit myths.

Verify Your Eligibility →
Myth

"My CPA is already handling this."

You would be surprised. Because Section 45B requires granular, line-by-line payroll calculation on a per-employee basis, standard tax software cannot perform this math automatically. Many excellent CPAs simply overlook it because they lack the specific payroll software integration to calculate it efficiently.

Myth

"I pay my staff above minimum wage, so I don't qualify."

This is a fundamental misunderstanding of the $5.15 benchmark rule. Even if you pay your servers $15/hour base pay, you still get the credit on the FICA taxes you pay for their tips. The base wage they earn does not disqualify the tips they receive.

Myth

"I already claimed the ERC (Employee Retention Credit)."

The ERC and the FICA Tip Credit are completely different programs. You can absolutely claim both. In fact, many of our clients use the FICA tip credit as a reliable, ongoing annual strategy after their one-time ERC funds have been depleted.

Find out exactly what you're owed.

Join 3,400+ hospitality businesses that have recovered over $128 million in FICA tip tax credits. Free estimate, no obligation, no risk.

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