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No Tax on Tips: Federal Rules Explained (2025–2028)

Last checked 2026-10-25 against IRS guidance

The 2025 tax law (Public Law 119-21, signed July 4, 2025) added a federal deduction for qualified tips under Internal Revenue Code § 224. Here are the rules as the IRS states them.

Rule What the IRS says
Years Tax years 2025 through 2028
Maximum deduction $25,000 per year
Phase-out Reduced by $100 for each $1,000 of MAGI over $150,000 ($300,000 joint)
Who Employees and self-employed people in occupations the IRS lists as customarily receiving tips on or before Dec. 31, 2024
Itemize? Available whether or not you itemize
SSN You must include your Social Security number on the return
Married Must file jointly to claim it

What counts as a qualified tip?

Voluntary cash or charged tips from customers, or received through tip sharing, that are reported on a Form W-2, Form 1099, or other specified statement, or that you report yourself on Form 4137. Mandatory service charges are not voluntary, so they generally do not qualify.

Does it remove Social Security and Medicare tax?

No. The deduction reduces federal income tax only. Tips are still subject to Social Security and Medicare (FICA) taxes and, for self-employed people, self-employment tax.

Who is excluded?

Self-employed people in a "specified service trade or business" (SSTB) under § 199A, and employees whose employer is an SSTB, cannot claim it.

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