H.R. 1314

119 HR 1314 IH: Tipped Income Protection and Support Act
 U.S. House of Representatives
 2025-02-13
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 1314  IN THE HOUSE OF REPRESENTATIVES   February 13, 2025   Mr. Horsford  (for himself,  Mr. Norcross ,  Ms. Titus ,  Ms. Lee of Nevada ,  Mr. Cleaver ,  Mrs. Ramirez ,  Mrs. McIver ,  Mr. Thompson of Mississippi ,  Ms. Velázquez ,  Mr. Boyle of Pennsylvania , and  Mr. Carter of Louisiana ) introduced the following bill; which was referred to the  Committee on Ways and Means , and in addition to the Committee on  Education and Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To amend the Fair Labor Standards Act of 1938 to eliminate the separate minimum wage for tipped employees, and for other purposes.
1.
Short title
This Act may be cited as the   Tipped Income Protection and Support Act   or   TIPS Act  .
2.
Repeal of separate minimum wage for tipped employees
(a)
Minimum wage for tipped employees
Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) ) is amended to read as follows:
(A)
The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1). All tips received by such employee shall be retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
 .
(b)
Penalties
Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ), as amended by this Act, is further amended—
(1)
in subsection (b), by striking  the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer  and inserting  the sum of all such tips unlawfully used or kept by the employer ; and
(2)
in subsection (c), by striking  the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer  and inserting  the sum of all such tips unlawfully used or kept by the employer .
3.
Deduction for cash tips
(a)
In general
(1)
Deduction allowed
Part VII of subchapter B of  chapter 1  of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:
224.
Cash tips
(a)
In general
There shall be allowed as a deduction an amount equal to the amount of qualified tips received during the taxable year that are included on statements furnished to the employer pursuant to section 6053(a).
(b)
Limitation
No deduction shall be allowed under subsection (a) to any individual for any taxable year if the adjusted gross income of such individual for such taxable year exceeds $112,500.
(c)
Qualified tips
For purposes of this section, the term  qualified tips  means a tip received by an individual—
(1)
from an unrelated party,
(2)
who does not have an ownership stake in the business which employs them in the job in for which such individual is receiving a tip, and
(3)
in the course of such individual’s employment in an occupation which traditionally and customarily received tips, including—
(A)
cosmetology,
(B)
hospitality,
(C)
food and beverage service,
(D)
parking attendants, and
(E)
custodial service.
 .
(2)
Conforming amendment
The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as relating to section 225 and by inserting after the item relating to section 223 the following new item:
Sec. 224. Cash tips.
  .
(b)
Deduction allowed to non-Itemizers
 Section 63(b)  of the Internal Revenue Code of 1986 is amended by striking  and  at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting  and , and by adding at the end the following new paragraph:
(5)
the deduction provided in section 224.
 .
(c)
Non-Application of certain limitations for itemizers
(1)
Deduction not treated as a miscellaneous itemized deduction
 Section 67(b)  of the Internal Revenue Code of 1986 is amended by striking  and  at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting  , and , and by adding at the end the following new paragraph:
(13)
the deduction under section 224 (relating to cash tips).
 .
(2)
Deduction not taken into account under overall limitation
 Section 68(c)  of the Internal Revenue Code of 1986 is amended by striking  and  at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting  , and , and by adding at the end the following new paragraph:
(4)
the deduction under section 224 (relating to cash tips).
 .
(d)
Withholding
The Secretary of the Treasury (or the Secretary's delegate) shall modify the tables and procedures prescribed under  section 3402(a)  of the Internal Revenue Code of 1986 to take into account the deduction allowed under section 224 of such Code (as added by this Act).
(e)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2025.