With new silliness in the tax code comes new silliness in how employers are required to report said silliness to their employees and the IRS. And unfortunately the BBB was chock full of silliness that businesses now have to keep track of. Some of this the various payroll processors will handle pretty well but some of it will be up to accountants/bookkeepers to manage. Some hightlights:
- Qualified OT is defined as OT required by federal law in FLSA, so 1.5x for time over 40 hours. Specifically OT required by states with more generous rules or by union contracts is not eligible for the OT deduction. That's significant in at least a few states that require OT on a daily basis. For example in California anything over 8 hours is 1-1/2 and anything over 12 in a day is double time. None of that matters for the deduction which I think means employers will have to track OT two different ways.
- Qualified tips nonsense led to the creation of a new series of occupations that receive tips. This actually came out in September but this is the first I've seen it. Each employee will have to be assigned a three digit code. But, wait! There's more.
- Tips paid by the customer voluntarily can be deducted by the employee but tips that aren't not negotiable cannot be deducted. THAT MEANS if work at a restaurant that has a mandatory 18% for large parties or a floor of xx% those are not qualified. THAT MEAN a restaurant that has someone working "regular tables" and large groups in any given day will have some times that are qualified and some that aren't. What a ****ing disaster.
- Employers will have to indicate of W2 that they are a Specific Service Trade or Business on the W2. I guess they aren't capable of tying the NAICS on the company return to the EIN on the W2. Workers in SSTBs are no eligible for the tips deduction. Examples of SSTB's include accounting, health, law, actuarial science, athletics, brokerage services, consulting, financial services and the performing arts.
- There's a new W4 with a line dedicated to qualified tips as part of the Deductions Worksheet.