“no Tax on Tips” Includes Digital Creators, Too
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The 'No Tax on Tips' policy, initially aimed at service industry workers, is being extended to digital creators, sparking controversy and debate among HN users about its implications and fairness.
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Why should tip income not be taxed but other income should be? How is that fair? What principle makes that just?
Are bartenders and servers more deserving of avoiding taxes than cooks and janitors, for some reason?
My girlfriend works for a local chain restaurant. Some of the things she tells me about seem like they shouldn’t be legal (forcing everyone’s cash tips to be pooled with non tipped teenagers they don’t want to pay, for example. Pretty sure the company has had previous class actions against them. This was just a small local chain in a middle/upper middle class suburb.
I saw a post on Nextdoor the other day where another restaurant closed, laying off the workers without paying them for hours worked. The general consensus about how to get the money you worked for: you don’t. The state has no labor board and there was little option for recourse.
(Please don’t give me bullshit answers based on hundred year old economic theories just because you’re a wanna be libertarian)
The federal capital gains rates are higher than the effective tax rates paid by a family making a median income, but I suspect you are asking why the capital gains rates are not higher than the highest marginal rates.
One issue is simply that capital gains tax rates generally don't account for inflation. If you build a business over a few decades and sell it, much of the increase in value will be simply due to inflation. Do you want to encourage long term investment, or make it so only financially illiterate people do long term investments?
And if you want more progressive taxation, then support more progressive taxation. Treating classes of workers differently is not a way to get to more equitable progressive taxation.
> You make a gift if you give property (including money), or the use of or income from property, without expecting to receive something of at least equal value in return.
Which is obviously true for tips and donations. If it is a gift, then the giver owes taxes, and there is a $19k/year/recipient exclusion, so small gifts like this would always be exempt.
(I do think property taxes should be a land-value tax and not include improvements you've built.)
Property law in the US and most western democracies doesn’t remotely agree with that. Land is not a communal or solely government owned resource, and the govt doesn’t ‘rent’ it out.
Note: I think this is a good thing and that property taxes are vital to our local communities well-being.
Low income digital creators can deduct upto 25k in tips, so if their income from tips and other sources is below $150k a year, their taxable income will be 25k less.
Major creators may still not get much since it's a power law distribution, but the tips thing is in no way limited to low income.
I remember something like 2k$ youtube ad revenue for 1M views, so that's like 1M video every 4 days? or was it 2M views per 1k dollars, then it's 1M video every day?
at a biweekly cadence, they'd need ~6M views per video to hit $150k with ads alone. if you figure another $0.025 per view for sponsorships, then they would need 6M views per year or about 240K per video.
looking at Patreon stats, it seems reasonable to assume that a channel with 25K subscribers could pull in about 1K Patreon subs with effort. if each is paying $5/mo, then that would add another $60K/yr in revenue (though I imagine a lot of that would get eaten up by fees and extra costs.
So would be $30k for 1M ad views.
Of course a bit apples to oranges since not all youtube videos have mandatory ads, etc.
For example, half of parents are transferring an average of $1,500/month, tax-free, to their adult children.* Why do they get to do this?
Or to take it to absurdity, why aren't my donations to charities taxed? What's the reason for the carveout? Should I instead donate earmarked cash to a charity that provides assistance to underpaid waitstaff?
[*] If you didn't hear that the other half are getting this, now you know: https://www.savings.com/insights/financial-support-for-adult...
For the same reason we have a generous gift tax exemption applicable to any gift from anyone to anyone: If you’re not receiving something of monetary value in return, what you’re providing isn’t “income” in the sense Congress has built income tax policy to capture.
That isn’t the case with tips for waitstaff.
> End tips and raise wages, and the taxes cease to be confusing or controversial.
Some businesses have tried this, but often it doesn't work out. To make this financially feasible, it would require action at the federal and state levels to 1) eliminate different tipped vs. regular tax rates (some places have done this already), 2) and modify how payroll taxes work to even things out a bit. It sounds like "oh, no problem we'll just raise prices by 20% to cover the extra salaries". But no, that doesn't work, because businesses and individuals are responsible for payroll tax on non-tipped salaries.
And there's a collective action problem at play: take two identical restaurants. One follows the now-standard model of accepting tips, and ~20% is customary. Their identical competitor won't accept tips, pays their staff better, and charges 20% more for their food. Fun outcome: people get sticker shock at the second place and go to the first place instead, even though in the end they pay exactly the same amount. Human psychology is dumb, and restaurants know this, so they won't do this unless all their competitors are also required to do it. (This is also why in the US prices are advertised tax-excluded; pricing that includes tax is viewed as more expensive, even if the final charge is the same.)
I mean, yeah, something like a third the former are college students! What a trash fire of an article.
This may be the case some of the time, but from what I’ve seen and heard…
During COVID, everyone put out the tip jar. It turns out that some folks are willing to give in spots that are not “traditional” tipping situations.
Some folks just have extra money, and they are happy to share their wealth with others. This is doubly true in hard times.
Tips are one way to do that, and some folks do that with extra generosity.
I will also add that people seem to be more than happy to tip/give extremely generously to folks who “make their day”. Maybe it’s a great ride share driver, or a great massage therapist, or an online streamer, or whatever. Some people seem to be more than willing to tip folks who bring them joy.
All that said, if that’s not your style, just click skip and move on. Most people understand and won’t judge.
There are a handful of entitled people who will try to guilt people into typing in non-traditional tipping spots. Just don’t go back to those places if at all possible — those people suck.
Multiple times I've been travelling for dinner with coworkers and someone notes "oh, tip is already included here" (be it the group size, the way the place works normally, or whatever reason) and then half the table starts redoing the receipt because they were tricked into it. This example highlights it's not always about intent, work already has a set policy of how to tip (i.e. no generosity or etc involved), people are just getting plain tricked into doing something else instead. Regardless - it's successful in the growth of tips, so it spreads.
Similarly, "just click skip and move on" puts the friction in the wrong direction - especially if you're not alone. It's great that it can apply a lot of the time, but the problem is it has friction, sometimes strong, in certain scenarios - again, this friction is only weighted towards the growth of tips.
Lastly, the vast majority of people have some level of desire to be fair, even if they don't want to be generous. Any uncertainty which can be created in the tipping process ("am I supposed to tip here?", "is the tip in the service charge, if so how much goes to the person/how much were they expecting to get in total?", "is the recommended tip on the receipt more than I expected", and so on) tends to push people to tip more than their generosity alone would have inclined, and it's really quite unfair to say the solution is to just click skip and hope all will understand each time.
Unfortunately, there is pretty much nothing pushing in the opposite direction. Your options as an individual, or even sizable portion of society, are to shit on the wait staff's income about it in hopes they complain enough that management gives them a better salary (that'd take quite the movement). Everything about this side has the exact opposite incentive pressures as the above, and so whether particularly generous folks are a factor or not... there's really nothing that's going to get done about it for the typical person.
Maybe we can start some place in the middle of "being able to walk into a place and understand what the cost will be up front", such as including tax in the base prices of things, and it'll open more doors about tipping for the same consideration. Until then, we all are stuck with dealing with it.
My primarily option is to multiply the estimated cost of going to the restaurant by 1.3 (tip+tax) and make my decision about going there based on that figure, not on published menu prices.
It's my way of giving someone a little appreciation because they're (typically) doing a job I wouldn't want to do myself.
It's got virtually nothing to do with the quality of service I get. I always tip the same amount even when service is bad. There have only been maybe 3 exceptions in my nearly 3 decades of adult life.
I'm fortunate to be able to afford a little bit of generosity for service people, so I do it.
Edit: I should add that, in places where there's a customary tipping practice (eg: US restaurants), I tip above the customary amount no questions asked. The "generosity" is the amount above customary.
If you leave money on the table, the server will chase you down, to give it back.
In the US, you get shit service, and they give you the stinkeye, if you don't tip at least 20%.
Truly USA is an overpriced country with the only good thing being that jobs are high paying… and that’s it.
I think the best thing in life is to have a remote job somehow + travel 50% of the time + stay w friends and family 50% of the time
The USA is ranked sixth in purchasing power in the world, meaning we are definitionally underpriced.
The countries that have even more purchasing power are: Norway, Macau, Bermuda, Singapore, and Luxembourg.
https://www.worlddata.info/cost-of-living.php
Today? You're easily paying 3/400$ per night in Manhattan and other cities. Same is true for dining, museums, transport.
Everything is insanely expensive compared to what it was just few years ago.
Services are even more expensive.
I wouldn’t be surprised if they are being instructed to accept tips, in order to keep the customer happy.
Many of them end up in hospitality, especially in touristic places, due to different reasons, but very importantly, immigrants from south Asia generally speak English fluently, something Japanese people rarely do.
I've seen plenty of "japanese" restaurants in Shinjuku where not a single member of the staff was japanese.
Another place where you're gonna see plenty of immigrants are all convenience stores.
Please keep your tip customs out of our culture. Next time just say thank you several times to show you appreciate them.
Edit: closed in 2023 after 14 years.
Bluetti hit the "are you actually fucking serious?" level for me with the tips. They ask you for a % tip when you order online from them. No employee contact, no consultation. I just added a $2k item to the basket, tried to pay and got an invitation to tip extra.
edit: fixed year typo
If they had not been extended the taxes for those high earners would have dropped for 2025 and beyond.
The bottom 50% pay no taxes and the top 1% still pay 40+% of federal taxes.
No. They pay 40% of Federal income tax, specifically.
https://nymag.com/intelligencer/article/fact-check-richest-1...
> The bottom 50% pay no taxes
Same mistake here. They pay plenty of payroll etc. tax.
The top 1% pays 24% of Federal taxes, and the bottom 50% pays somewhere between 7% (bottom 40%) and 16% (bottom 60%).
Brilliant!
Also I'm unclear if that source includes only the "employee half" of the 15% FICA.
> By law, some payroll taxes are the responsibility of the employee and others fall on the employer, but almost all economists agree that the true economic incidence of a payroll tax is unaffected by this distinction, and falls largely or entirely on workers in the form of lower wages.
Who is charged the tax and who pays it are different things.
The "tax" the customer pays in those states is the "pass thru" charge. To make things fun, Hawaii imposes the excise tax (on the business) recursively on any tax charges passed thru to the customer.
https://en.wikipedia.org/wiki/Federal_Insurance_Contribution...
> The Federal Insurance Contributions Act (FICA /ˈfaɪkə/) is a United States federal payroll (or employment) tax payable by both employees and employers to fund Social Security and Medicare—federal programs that provide benefits for retirees, people with disabilities, and children of deceased workers.
7.65% of your check until you hit the cap. Employer pays a similar amount.
https://dqydj.com/income-percentile-calculator/
But that would also mean uncapping the maximum amount you are eligible for for social security.
But, even if you did it would still help tremendously and possibly still be sufficient. There’s diminishing returns where lower income people get a higher percentage of their income as a social security benefit. As long as that policy is maintained the ultra high wage earners would be contributing far in excess of the benefit they get paid back out
No? Why would it mean that?
it may be technically correct, but it still impacts individual costs/income at pretty much exactly the same amount, because the costs are just passed down the chain.
This tells us nothing unless we know how their relative income shares. If the bottom 50% earns only 20% of all income (just an example) this is quite fair. If they earn 60%, it's unfair.
The number of people who just trot out this statistic without context is quite tiresome.
And of course everyone pays sales tax, property tax (even if they're a renter), payroll tax and so on.
These are not the same, which is exactly the problem!
eg: The #1 most wealthy American is Larry Ellison, whose net worth increased $89B today with zero tax implications.
An increase in the estimates value of your real estate holdings does not trigger a capital gain. Your municipality, however, may use it as an excuse to increase their assessment of the value of your property, which is used to calculate the tax they charge.
It seems quite reasonable that unrealized capital gains would be treated differently for "a primary residence" vs "a multi-billion-dollar stake in a company controlled by the owner."
A far better question is: Why does my company pay me in cash (40% marginal tax rate) instead of "equity shares of 'special partnership units' representing the value added by verteu's labor" (20% capital gains tax)?
Or: "How did Mitt Romney's Roth IRA grow to $100,000,000 with a $7,000 annual contribution limit?"
The math on taxing unrealized gains or losses doesn't work out for the reasons you pointed out. Property taxes, on the other hand, have been working for a long time.
Does he get a refund if he loses money or is it just tax if you win, tax if you lose, tax if it doesn't move?
I'll give a few feelings about property taxes. They are known up front when the purchase is made. There's an expectation that they remain reasonably consistent year over year. In that way they can be consistently planned for, enough that it's seen as more of a maintenance expense for upkeep of local services rather than a wealth tax. If my neighbor sells their comparable property for double what they paid for it a few short years I don't expect my tax bill to have a massive jump. In my experience the city's assessed values tend to lag the true market value pretty significantly. The goal appears to use the assessed value as a means to have some graduated component to the property tax. Being a local tax, any significant jumps are seem to be avoided by design, lest it trigger angry residents showing up at town hall meetings.
With a wealth tax it can be highly variable year to year and out of one's control. If stocks go way up you're on hook for paying those taxes. Especially if you're Larry Ellison with a controlling stake in Oracle, you could find yourself in the situation of having to liquidate assets to pay taxes, thereby reducing your control of your own company.
My main objection to a wealth tax is many of its proponents see it as a means of reducing inequality and "leveling the playing field". I find these positions to come from a place of envy and reject them of those grounds. Many arguing in favor also assume that federal confiscation of wealth inherently benefits the public, as if its some benevolent charity. The reality is more mixed. There is seemingly no limit to politicians' ability squander money on nice sounding projects that give them good headlines while enriching cronies and delivering questionable actual value. It's nice to imagine that all that money is going to roads, bridges, schools, and research, but a whole lot is also going to spying on the populace, subverting foreign governments, and blowing people up.
It could be designed to be closer to property tax.
> you could find yourself in the situation of having to liquidate assets to pay taxes
Maybe. There are many other ways: the stock pays enough in dividends to cover the tax, the owner has other sources of income, the owner borrows against the stock to pay tax, and so on. In many dual-class structures the privileged class stock becomes common stock when sold so some founders could maintain control even after selling.
Private companies are trickier but still manageable. I don't want to turn this into a long post though.
> many of its proponents see it as a means of reducing inequality and "leveling the playing field".
I see it as a way to reduce income taxes. Welfare states are currently funded by income and payroll taxes aka taxes on labor. For the math to work out you need higher and higher tax rates or more and more workers. And you're fighting an uphill battle because improving productivity constantly reduces the need for workers.
Instead let improved productivity pay for the welfare state. Stop penalizing people for working by taxing them more.
Presumably it would function the same way as realized capital gains taxes (no refund on tax already paid)?
Secondly, just because the median earner pays a 2% average income tax rate while the top 1% pays on average 21% doesn't tell us anything about its fairness. It ignores income share.
https://ourworldindata.org/grapher/income-share-top-1-before...
i.e. the US tax system is still fairly progressive despite what many people think.
What? Income deductions are only worth the marginal tax rate on that income -- ~40% on $100k of income deducted is worth ~$40k. (With the $10k SALT cap, he can still deduct $10k, worth about $4k.) The top bracket being reduced from 40% to 37%, and starting at a higher income threshold, likely saved the same high earner more than $36k.
People already vastly underreport their tips. This just codifies it in to law. I’m not saying it’s right but I also doubt it’s hitting the IRS’s coffers especially hard.
Logically, it would make sense to me to make it dependent on how much of your income comes from tips. It doesn’t really make sense that wait staff shouldn’t pay taxes on their tips, as it’s basically just their income but paid by third parties. When I was doing wedding photography and someone gave me a tip on top of my normal fee, that feels more like a gift than my income. It was fairly rare and was nowhere near the majority of my income. That, logically, shouldn’t be tipped as long as other gifts aren’t.
But that would be complicated, so here we are.
I immediately assumed it was a clear overture to people who are very financially literate and who were expecting within minutes an email from their tax lawyer to explain how payment for their activity happen to quality for a very loose definition of tips. At least the part that wasn’t already tax-free thanks to international montages, blind trusts and creative reporting.
Actually it makes sense based on what income can be reliably taxed. Impossible to verify how much that person actually tipped, so better write $0 on the tax form. As someone else wrote, that only punishes honest people.
And yet, in today’s America that’s the major economic policy of the leader of the Republican Party.
Conservatives like it, because it is effectively a de minimus exemption on taxes, simplifying the tax collection process, and liberals like it because it results in more progressive taxes, with tip earners overrepresented amongst low-income earners.
A few lines of tax code means millions of people don't have to worry about unpredictable withholdings due to significant changes in tips from day to day, month to month, and year to year.
Also, what's sloppy about it? It's just a deduction for up to a maximum amount from tips, for a specified list of occupations, with the maximum decreasing as income increases above a specified level. That's pretty simple, as far as tax code goes. What do you think would be a less sloppy way of implementing it?
You have too much partisanship on your mind.
Harris (Democratic party leader) endorsed it: https://www.cnn.com/2024/08/12/politics/taxes-on-tips-elimin...
Yes. And a big round of applause to welcome Mr. Zohran Mamdani.
If I'm missing something help me out.
After all, the government taking ownership of industries matches common definitions of Socialism.
Parent poster's explicit "two decades back" scale is entirely reasonable for the phenomenon they are pointing out.
And US still needs to protect x86/MS as best NSA source :) There is even "intel" right in the name ! ;) Also business and best and cheap compute cpus. I guess they need a bit of help until some patents go off...
And do not forget foundry with "photonics" tech cooperating with military...
Lack of wild and dumb capitalism is not automatically socialism.
And belive me: socialism is the TRASH - replacing private ownership destroy value and sensibility of any action.
American hypocrisy never fails.
> Charter of Labour, 1927
> He recognised private enterprises as the most efficient, gaining him support from rich industrialists.
> The charter also stated that the state could take control of, manage or encourage enterprises that were considered inefficient.
A actual far left policy would be a collectivised or cooperative workplaces that don't rely on tips to subsidies salaries.
But it also expands the idea that the customer/buyer has financial power over the server by encouraging a tipping culture.
Donald Trump and his sons have repeatedly said that don't pay on contracts when they view the work is poorly done or insufficient, in response to claims of non-payment.
Encouraging tipping makes such "payment discretion" easier.
Like "No Tips".
Pay your employees, pay your taxes.
No nonsense on dividing tips between people that I did not interact with, minimum tipping, or with automated machines.
Tipping also means that if I want to know how much I'll spend in your restaurant I will have to decide how much I tip even before I walk in.
This is all just tax evasion with extra steps, enabling exploiting of people that have less contractual power.
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