Free 2008 Instruction 8027 - Federal

2008
Instructions for Form 8027
Employer's Annual Information Return of Tip Income and Allocated Tips
Section references are to the Internal Revenue Code unless otherwise noted.

Department of the Treasury Internal Revenue Service

What's New
Electronic filing. Beginning in tax year 2008, if you file 250 or more Forms 8027, you must file the returns electronically. See Rev. Proc. 2008-34 (Pub. 1239), Specifications for Filing Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips, Electronically, for more information.

within a single building, and, if gross receipts are recorded separately, each activity is required to file a Form 8027. A return is required only for establishments in the 50 states and the District of Columbia. If you are required to report for more than one establishment, you must complete and file Form CAUTION 8027-T, Transmittal of Employer's Annual Information Return of Tip Income and Allocated Tips, with Forms 8027. A large food or beverage establishment is one to which all of the following apply: · Food or beverage is provided for consumption on the premises. · Tipping is a customary practice. · More than 10 employees who work more than 80 hours were normally employed on a typical business day during the preceding calendar year.

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· Attributed Tip Income Program (ATIP). The IRS expanded its Tip Rate Determination/Education Program (TRD/EP), by offering employers in the food and beverage industry a new alternative: the Attributed Tip Income Program (ATIP). ATIP was designed to promote compliance related to reporting tip income while reducing filing and recordkeeping burdens. There is no contract to sign and participation is voluntary. Also, participation in ATIP would eliminate certain employee recordkeeping for participating employees. To participate in the program, you will need to check the box marked "Attributed Tip Income Program (ATIP)" on the front of Form 8027 to notify the IRS. For complete details on qualifications and recordkeeping requirements, you must see Rev. Proc. 2006-30, 2006-31 I.R.B. 110 at www.irs.gov/pub/irs-irbs/irb06-31.pdf. · You must check one of the "Yes" or "No" boxes under employer's name and address to indicate whether or not the establishment accepts credit cards, debit cards, or other charges. If the "Yes" box is checked, lines 1 and 2 of Form 8027 must be completed. Also see the instructions for lines 1 and 2 on page 4. · Complete the Worksheet for Determining Whether To File Form 8027 (below) to determine if you must to file Form 8027. · You may want to use the Employer's Optional Worksheet for Tipped Employees on page 6 as a means of determining if your employees are reporting all of their tip income to you.

Reminders

Worksheet for Determining Whether To File Form 8027
Complete the worksheet below to determine if you had more than 10 employees on a typical business day during 2007 and, therefore, must file Form 8027 for 2008. It is the average number of employee hours worked on a typical business day that determines whether or not you employed more than 10 employees.
1. Enter one-half of the total employee hours worked during the month in 2007 with the greatest aggregate gross receipts from food and beverages . . . . . . . . . . 2. Enter the number of days opened for business during the month shown in line 1 . . . . . . . . . . . . . . . . . . . . 3. Enter one-half of the total employee hours worked during the month in 2007 with the least aggregate gross receipts from food and beverages . . . . . . . . . . 4. Enter the number of days opened for business during the month shown in line 3. . . . . . . . . . . . . . . . . . . . 5. Divide line 1 by line 2. . . . . . . . . . . . . . . . . . . . . . . 6. Divide line 3 by line 4. . . . . . . . . . . . . . . . . . . . . . . 7. Add lines 5 and 6. If line 7 is greater than 80 (hours), you must file Form 8027 for 2008. . . . . . . . . . . . . . .

General Instructions
Purpose of Form
Form 8027 is used by large food or beverage establishments when the employer is required to make annual reports to the IRS on receipts from food or beverage operations and tips reported by employees. All employees receiving $20 or more a month in tips TIP must report 100% of their tips to their employer.

Who Must File
If you are an employer who operates a large food or beverage establishment, you must file Form 8027. If you own more than one establishment, you must file Form 8027 for each one. There may be more than one establishment (business activity providing food or beverages) operating

Note. The filing requirement (more than 10 employees) is based on the total of all employees who provided services in connection with the provision of food and beverages at the establishment, not just the number of directly tipped employees. Include employees such as waitstaff, bussers, bartenders, seat persons, wine stewards, cooks, and kitchen help. See Regulations section 31.6053-3(j)(10) for more information. A person who owns 50% or more in value of the stock of a corporation that runs the establishment is not considered an employee when determining whether the establishment normally employs more than 10 individuals. New large food or beverage establishment. File Form 8027 for a new large food or beverage establishment if, during any 2 consecutive calendar months, the average number of hours worked each business day by all employees is more than 80 hours. To figure the average

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number of employee hours worked each business day during a month, divide the total hours all employees worked during the month by the number of days the establishment was open for business. After the test is met for 2 consecutive months, you must file a return covering the rest of the year, beginning with the next payroll period.

Exceptions To Filing
A return is not required for: · Establishments operated for less than 1 month in calendar year 2008. · Fast food restaurants and operations where tipping is not customary such as cafeterias or operations where 95% of the total sales are carryout sales or sales with a service charge of 10% or more.

When To File
File Form 8027 (and Form 8027-T when filing more than one Form 8027) by March 2, 2009. However, if you file electronically, the due date is March 31, 2009. Extension of time to file. Filers of Form 8027 submitted on paper or electronically may request an extension of time to file on Form 8809, Application for Extension of Time To File Information Returns. File Form 8809 as soon as you know an extension of time to file is necessary, but not later than March 2, 2009 (March 31 if you file electronically).

Remind all directly and indirectly tipped employees TIP to include all charged tips and all cash tips received in the tip amount that they must report to you. Nonallocable receipts. These are receipts for carryout sales and receipts with a service charge added of 10% or more. (Nonallocable receipts generally include all sales on which tipping is not customary). Complimentary items. Food or beverages served to customers without charge must be included in gross receipts if: (a) tipping for providing them is customary at the establishment, and (b) they are provided in connection with an activity that is engaged in for profit and whose receipts would not be included in the amount on line 5 of Form 8027. For example, you would have to include in gross receipts the retail value of the complimentary drinks served to customers in a gambling casino because tipping is customary, the gambling casino is an activity engaged in for profit, and the gambling receipts of the casino are not included in the amount on line 5. However, you would not have to include the retail value of complimentary hors d'oeuvres at your bar or a complimentary dessert served to a regular patron of your restaurant in gross receipts because the receipts of the bar or restaurant would be included in the amount on line 5. You would not have to include the value of a fruit basket placed in a hotel room in gross receipts since, generally, tipping for it is not customary.

Where To File
Mail Form 8027 to: Department of the Treasury Internal Revenue Service Cincinnati, OH 45999 Reporting and filing electronically. If you are the employer and you file 250 or more Forms 8027, you must file the returns electronically. For details, see Regulations section 301.6011-2. Specifications for filing. Rev. Proc. 2008-34, Specification for Filing Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips, Electronically, is reprinted as Publication 1239. You can also find Rev. Proc. 2008-34 at www.irs.gov/pub/irs-irbs/irb08-27.pdf.

Allocation of Tips
You must allocate tips among employees who receive them if the total tips reported to you during any payroll period are less than 8% (or the approved lower rate) of this establishment's gross receipts for that period. Generally, the amount allocated is the difference between the total tips reported by employees and 8% (or the lower rate) of the gross receipts, other than nonallocable receipts. Lower rate. You (or a majority of the employees) may request a lower rate (but not lower than 2%) by submitting an application to: Internal Revenue Service National Tip Reporting Compliance 678 Front Avenue NW, Suite 200 Grand Rapids, MI 49504-5335 Do not mail Form 8027 to this address. See Where To File discussed earlier. The burden of supplying sufficient information to allow the IRS to estimate with reasonable accuracy the actual tip rate of the establishment rests with the petitioner. Your petition for a lower rate must clearly demonstrate that a rate less than 8% should apply. It must include the following: · Employer's name, address, and EIN; · Establishment's name, address, and establishment number; · Detailed description of the establishment that would help to determine the tip rate. The description should include the type of restaurant, days and hours of operation, type of service including any self-service, the person (waiter or waitress, cashier, etc.) to whom the customer pays the check, whether the check is paid before or after the meal, and whether alcohol is available; · Past year's information shown on lines 1 through 6 of Form 8027 as well as total carryout sales; total charge sales; percentage of sales for breakfast, lunch, and dinner; average dollar amount of a guest check; service charge, if any, added to the check; and the percentage of sales with a service charge; · Type of clientele; and · Copy of a representative menu for each meal. The petition must contain the following statement and be signed by a responsible person who is authorized to make and sign a return, statement, or other document.

Penalties
The law provides for a penalty if you do not file Form 8027 (and Form 8027-T) on time unless you can show reasonable cause for the delay. You may be charged penalties for each failure to: · Timely file a correct information return including failure to file electronically if required. · Timely provide a correct Form W-2 to the employee. For more information on penalties for untimely or incorrect Forms W-2 or 8027, see Sec. 9 Penalties in Rev. Proc. 2008-34, and the Instructions for Forms W-2 and W-3.

Gross Receipts
Gross receipts include all receipts (other than nonallocable receipts, see definition below) from cash sales, charge receipts, charges to a hotel room (excluding tips charged to the hotel room if your accounting procedures allow these tips to be separated), and the retail value of complimentary food or beverages served to customers as explained below. Also include charged tips in gross receipts, but only to the extent that you reduced your cash sales by the amount of any cash you paid to tipped employees for any charged tips due them. However, if you did not reduce cash sales for charged tips paid out to employees, do not include those charged tips in gross receipts. Do not include state or local taxes in gross receipts.

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"Under penalties of perjury, I declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this petition are true, correct, and complete." You must attach to the petition copies of Form 8027 (if any) filed for the 3 years before your petition. If you are petitioning for more than one establishment or you want to know your appeal rights, see Rev. Proc. 86-21, 1986-1 C.B. 560 for additional information. Also include with your petition a check or money order made payable to the "United States Treasury" for the amount of the user fee required for determination letters. For the current user fee amount, contact the IRS at 1-800-829-1040. A majority of all the directly tipped employees must consent to any petition written by an employee. A "majority of employees" means more than half of all directly tipped employees employed by the establishment at the time the petition is filed. Employee groups must follow the procedures in Regulations section 31.6053-3(h); Pub. 531, Reporting Tip Income; and Rev. Proc. 86-21. The IRS will notify you when and for how long the reduced rate is effective.

Specific Instructions
File a separate Form 8027 for each large food or beverage establishment. Use Form 8027-T, Transmittal of Employer's Annual Information Return of Tip Income and Allocated Tips, when filing more than one Form 8027. Do not attach any unrelated correspondence. Name and address of establishment and employer identification number. If your preprinted name, EIN, or address information on Form 8027 and/or Form 8027-T is not correct, cross out any errors and print the correct information. If Form 8027 and/or Form 8027-T does not have your preprinted information, type or print the name and address of the establishment. They may be different from your mailing address, as in the case of employers who have more than one establishment. If mail is not delivered to the street address of the establishment, enter the P.O. box number. The employer identification number (EIN) should be the same as the number on the Forms W-2 that you give to the employees and the Form 941, Employer's QUARTERLY Federal Tax Return, that you file to report wages and taxes for employees working for the establishment. Once you have filed a paper return, a preaddressed Form 8027 and/or Form 8027-T will be sent to you annually. Type of establishment. Check the box (check only one box) on the form that best describes the food or beverage operation at this establishment: · An establishment that serves evening meals only (with or without alcoholic beverages). · An establishment that serves evening and other meals (with or without alcoholic beverages). · An establishment that serves only meals other than evening meals (with or without alcoholic beverages). · An establishment that serves food, if at all, only as an incidental part of the business of serving alcoholic beverages. Employer's name and address. Enter the name and address of the entity or individual whose EIN is shown above. Enter foreign addresses as follows: city, province or state, and country. Do not abbreviate the name of the country. Establishment number. Enter a five-digit number to identify the individual establishments that you are reporting under the same EIN. Give each establishment a separate number. For example, each establishment could be numbered consecutively, starting with 00001. Attributed Tip Income Program (ATIP). Check this box for the election to participate in ATIP. You can elect to participate in ATIP by filing Form 8027 even if you are not required to do so under current regulations. See Who Must File on page 1. If you do not meet the requirements for filing Form 8027, but wish to participate in ATIP, you must check the ATIP box on Form 8027 to notify the IRS of your participation in ATIP, complete lines 1 through 5, and send Form 8027 to the IRS. If you have more than one establishment, you must satisfy the requirements for each establishment that is going to participate. To qualify, at least 20 percent of your establishment's gross receipts from the sale of food or beverages for the prior calendar year must come from charged receipts that show charged tips. Also, at least 75% of the tipped employees at your establishment must agree to participate in ATIP. You must see Rev. Proc. 2006-30 for complete details on qualifications and requirements for participating in ATIP and notifying the IRS.

Reporting Allocated Tips To Employees
Give each employee who has been allocated tips a Form W-2 that shows the allocated amount in box 8. The form must be furnished to the employee by January 31 of the following year. If employment ends before the end of the year and the employee asks for the Form W-2, a tip allocation is not required on the early Form W-2. However, you may include on the early Form W-2 the employee's actual tip allocation or a good-faith estimate of the allocation. Signify a good-faith estimate by writing "estimate" next to the allocated amount in box 8 of the Form W-2. If no allocation was shown on the early Form W-2 or if the estimated allocation on the early form differs from the actual amount by more than 5%, give the employee a new Form W-2 marked "CORRECTED" with the correct information during January of the next year. If you allocate tips among employees by the methods described in the instructions for lines 7a through 7c, you are not liable to any employee if any amount is improperly allocated. However, if the allocation shown on the employee's Form W-2 differs from the correct allocation by more than 5%, you must adjust that employee's allocation and must review the allocable amount of all other employees in the same establishment to assure that the error did not distort any other employee's share by more than 5%. Use the current version of Form W-2c, Corrected Wage and Tax Statement, to report the corrected allocation on a previously filed Form W-2. However, if you discover the allocation error on Form W-2 after you issue it to your employee but before you send it to the Social Security Administration (SSA), prepare a new Form W-2 with the correct information, and send Copy A to the SSA. Write "CORRECTED" on the employee's new copies (B, C, and 2), and furnish them to the employee. Do not write "CORRECTED" on Copy A of Form W-2. You do not need to send to the IRS separate copies of Forms W-2 showing allocated tips. The IRS will use the information shown on the Forms W-2 that you file with the Social Security Data Operations Center. Tip allocations have no effect on withholding income or social security or Medicare taxes from employees' wages. Allocated tips are not subject to withholding and are not to be included in boxes 1, 3, 5, and 7, of Form W-2.

Lines 1 Through 8
Credit card sales. If the credit or debit charge receipts reflect tips, then you must enter on lines 1 and 2 the appropriate amounts shown on the credit card or debit card charge statements. See instructions for line 1 below.

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Rounding off to whole dollars. You may round off cents to whole dollars on your Form 8027. If you do round to whole dollars, you must round all amounts. To round, drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3. If you have to add two or more amounts to figure the amount to enter on a line, include cents when adding the amounts and round off only the total. Line 1. Charged tips for calendar year 2008. Enter the total amount of tips that are shown on charge receipts for the year. Line 2. Charge receipts showing charged tips. Enter the total sales (other than nonallocable receipts as defined on page 2) from charge receipts that had a charged tip shown. Include credit card charges and other credit arrangements and charges to a hotel room unless your normal accounting practice consistently excludes charges to a hotel room. Do not include any state or local taxes in the amounts reported. Line 3. Total amount of service charges of less than 10% paid as wages to employees. Enter the total amount of service charges of less than 10% that have been added to customers' bills and have been distributed to your employees for the year. In general, service charges added to the bill are not tips since the customer does not have a choice. These service charges are treated as wages and are includible on Form W-2. For details, see Rev. Rul. 69-28, 1969-1 C.B. 270. Line 4a. Tips reported by indirectly tipped employees. Enter the total amount of tips reported for the year by indirectly tipped employees, such as cooks, bussers, and service bartenders. Indirectly tipped employees generally receive their tips from other tipped employees and not directly from the customer Line 4b. Tips reported by directly tipped employees. Enter the total amount of tips reported for the year by directly tipped employees, such as bartenders and waitstaff. Line 4c. Total tips reported. Add the amounts on lines 4a and 4b and enter the result on line 4c. (This amount cannot be a negative amount.)
Line 4a + Line 4b Line 4c

In figuring the tips you should report for 2008, do not include tips received by employees in December CAUTION 2007, but not reported until January 2008. However, include tips received by employees in December 2008, but not reported until January 2009. Line 5. Gross receipts from food or beverage operations. Enter the total gross receipts from the provision of food or beverages for this establishment for the year. If you do not charge separately for providing food or beverages along with other goods or services (such as a package deal for food and lodging), make a good-faith estimate of the gross receipts from the food or beverages. This estimate must reflect the cost to the employer for providing the food or beverage plus a reasonable profit factor. Line 6. Enter the result of multiplying line 5 by 8% (.08) or a lower rate (if the establishment was granted a lower rate by the IRS). If a lower percentage rate was granted, write the rate in the space provided and attach a copy of the IRS determination letter.

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The 8% rate (or lower rate) is used for tip allocation purposes only. Using this rate does not mean that CAUTION directly tipped employees must report only 8%. They should report the amount of actual tips received.

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If you have allocated tips using other than the TIP calendar year, put an "X" on line 6 and enter the amount of allocated tips (if any) from your records on line 7. This may occur if you allocated tips based on the time period for which wages were paid or allocated on a quarterly basis. Line 7. Allocation of tips. If the amount shown on line 6 is more than the amount of tips reported by your employees on line 4c, you must allocate the excess to those employees. Enter the excess on line 7. There are three methods by which you may allocate tips. Check the box on line 7a, b, or c to show the method used. Line 7a. Hours-worked method. Establishments that employ fewer than the equivalent of 25 full-time employees (both tipped and nontipped employees) during a payroll period may use the hours-worked method to allocate tips. You will be considered to have employed fewer than the equivalent of 25 full-time employees during a payroll period if the average number of employee hours worked (both tipped and nontipped employees) per business day during a payroll period is less than 200 hours. To allocate tips by the hours-worked method, follow the steps explained in Line 7b. Gross receipts method below. However, for the fraction in step 3 of the gross receipts method, substitute in the numerator (top number) the number of hours worked by each employee who is tipped directly, and in the denominator (bottom number) the total number of hours worked by all employees who are directly tipped for the payroll period. See Regulations sections 31.6053-3(j)(19) and 31.6053-3(f)(1)(iv) for details. If you use the hours-worked method, be sure to enter in line 7a the average number of employee (both tipped and nontipped) hours worked per business day during the payroll period. If the establishment has more than one payroll period, you must use the payroll period in which the greatest number of workers (both tipped and nontipped) were employed. Line 7b. Gross receipts method. If no good-faith agreement (as explained below) applies to the payroll period, you must allocate the difference between total tips reported and 8% of gross receipts using the gross receipts method (or hours-worked method (line 7a)) as follows (see the example on page 5). 1. Multiply the establishment's gross receipts (other than nonallocable receipts) for the payroll period by 8% (.08) or the lower rate. 2. Subtract from the amount figured in step 1 the total amount of tips reported by employees who were tipped indirectly for the payroll period. This difference is the directly tipped employees' total share of 8% (or the lower rate) of the gross receipts of the establishment. Indirectly tipped employees do not receive tips directly from customers. Examples are bussers, service bartenders, and cooks. Directly tipped employees, such as waitstaff and bartenders, receive tips directly from customers. Employees, such as maitre d's, who receive tips directly from customers and indirectly through tip splitting or pooling, are treated as directly tipped employees. 3. For each employee who is tipped directly, multiply the result in step 2 by the following fraction: the numerator (top number) is the amount of the establishment's gross receipts attributable to the employee, and the denominator (bottom number) is the gross receipts attributable to all directly tipped employees. The result is each directly tipped employee's share of 8% (or the lower rate) of the gross receipts for the payroll period. 4. From each directly tipped employee's share of 8% or the lower rate of the gross receipts figured in step 3, subtract the tips the employee reported for the payroll period. The result is each directly tipped employee's shortfall (if any) for the period. 5. From the amount figured in step 1, subtract the total tips reported by both directly and indirectly tipped

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employees. The result is the amount that has to be allocated among the directly tipped employees who had a shortfall for the payroll period as figured in step 4. 6. For each directly tipped employee who had a shortfall for the period as figured in step 4, multiply the amount in step 5 by the following fraction: the numerator is the employee's shortfall (figured in step 4), and the denominator is the total shortfall of all directly tipped employees. The result is the amount of allocated tips for each directly tipped employee. Line 7c. Good-faith agreement. An allocation can be made under a good-faith agreement. This is a written agreement between you and at least two-thirds of the employees of each occupational category of employees who receive tips (for example, waitstaff, bussers, and maitre d's) working in the establishment when the agreement is adopted. The agreement must: 1. Provide for an allocation of the difference between total tips reported and 8% (or the lower rate) of gross receipts among employees who receive tips that approximates the actual distribution of tip income among the employees; 2. Be effective the first day of a payroll period that begins after the date the agreement is adopted, but no later than January 1 of the next year; 3. Be adopted when there are employees in each occupational category who would be affected by the agreement; and 4. Allow for revocation by a written agreement adopted by at least two-thirds of the employees in occupational categories affected by the agreement when it is revoked. The revocation is effective only at the beginning of a payroll period. Line 8. Total number of directly tipped employees. Enter the total number of directly tipped employees who worked at the establishment during 2008. This is the cumulative total of all directly tipped employees who worked at the establishment at any time during the year. If you have a large turnover of directly tipped employees, this number may be large. Do not use this number to determine if you must file Form 8027. Instead, see the Worksheet for Determining Whether To File Form 8027 on page 1.

Alternative signature method. Corporate officers or duly authorized agents may sign Form 8027 by rubber stamp, mechanical device, or computer software program. For details and required documentation, see Rev. Proc. 2005-39. You can find Rev. Proc. 2005-39, 2005-28 I.R.B. 82 at www.irs.gov/pub/irs-irbs/irb05-28.pdf. Example for Line 7b. Gross receipts method. A large food or beverage establishment has gross receipts for a payroll period of $100,000 and has tips reported for the payroll period of $6,200. Directly tipped employees reported $5,700, while indirectly tipped employees reported $500.
Directly tipped employees A B C D E F Totals 1. 2. 3. Directly tipped employees A B C D E F 4. Directly tipped employees A B C D E F Gross receipts for payroll period $18,000 16,000 23,000 17,000 12,000 14,000 $100,000

Tips reported $1,080 880 1,810 800 450 680 $5,700

$100,000 (gross receipts) x .08 = $8,000 $8,000 - $500 (tips reported by indirectly tipped employees) = $7,500 Directly tipped employee's share of 8% of the gross $7,500 $7,500 $7,500 $7,500 $7,500 $7,500 Employee's share of 8% of the gross $1,350 $1,200 $1,725 $1,275 $ 900 $1,050 (Times) Gross receipts ratio 18,000/100,000 = 16,000/100,000 = 23,000/100,000 = 17,000/100,000 = 12,000/100,000 = 14,000/100,000 = Total (Minus) Tips Reported Employee's share of 8% of gross $1,350 1,200 1,725 1,275 900 1,050 $7,500 Employee shortfall

5. 6.

$1,080 = $270 880 = 320 1,810 = ­ 800 = 475 450 = 450 680 = 370 Total shortfall $1,885 $8,000 less $6,200 (total tips reported) = $1,800 (amount allocable among employees who had a shortfall) Shortfall employees A B D E F Allocable amount $1,800 $1,800 $1,800 $1,800 $1,800 (Times) Shortfall ratio 270/1,885 = 320/1,885 = 475/1,885 = 450/1,885 = 370/1,885 = Amount of allocation $258 306 454 430 353

Signature
Sign your name and include your title. Then enter the date signed and the best daytime telephone number where IRS can reach you, including area code. Who must sign the Form 8027? signed as follows. business. Form 8027 must be

· Sole proprietorship. The individual who owns the · Corporation (including an LLC treated as a

Since employee C has no shortfall, there is no allocation to C.

corporation). The president, vice president, or other principal officer.
· Partnership (including an LLC treated as a

In this example, the total amount of allocation is TIP $1,801 resulting from the rounding off to whole numbers.

partnership) or unincorporated organization. A responsible and duly authorized member or officer having knowledge of its affairs. as a disregarded entity. The owner of the limited liability company (LLC).

· Single member limited liability company (LLC) treated

· Trust or estate. The fiduciary.

Form 8027 may also be signed by a duly authorized agent of the taxpayer if a valid power of attorney has been filed.

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Employer's Optional Worksheet for Tipped Employees
Unreported tip income can lead to additional employer liability for FICA taxes. As a means of determining if your employees are reporting all of their tips to you, please take a few minutes to voluntarily complete the following worksheet. Completing this worksheet is only for the employer's information (it is not sent to the IRS).
1. Enter amount from Form 8027, line 1 . . . . . . . . . 2. Enter amount from Form 8027, line 2 . . . . . . . . . 3. Divide line 1 by line 2, enter as a decimal (at least 4 decimal places) . . . . . . . . . . . . . . . . . . . . . . . . 4. Enter amount from Form 8027, line 4c . . . . . . . . 5. Enter amount from Form 8027, line 5 . . . . . . . . . 6. Divide line 4 by line 5, enter as a decimal (at least 4 decimal places) . . . . . . . . . . . . . . . . . . . . . . . . 7. Subtract line 6 from line 3; if zero or less, stop here 8. Potential unreported tips. Multiply line 7 by line 5 1. 2. 3. 4. 5. 6. 7. 8.

· If the entry on line 7 is zero or less, your employees are · If the entry on line 8 is greater than zero, depending on
probably accurately reporting their tips; however, the type of operation you have and whether or not you have allocated tips, it is possible that your employees are not reporting all of their tip income to you. Another quick method to determine if your TIP employees are properly reporting all of their tips to you is to compare the rate of tips reported on credit sales to the rate of tips reported on cash sales. For example, if line 3 in the worksheet above greatly exceeds the rate determined from dividing reported cash tips by reportable cash receipts (that is, total cash receipts less nonallocable cash receipts), some of your employees may not be reporting all of their tips to you and you generally should be showing an amount on line 7 ("Allocation of tips") of Form 8027.

Once you have completed the worksheet:

Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. Chapter 61, Information and Returns, of Subtitle F, Procedure and Administration, requires certain employers to report gross receipts, tips reported to them, and any allocated tips; and to furnish the amount of any allocated tips to affected employees. Section 6053 and its related regulations provide the definitions and methodology to be used in completing these forms. If you fail to provide this information in a timely manner, you may be liable for penalties as provided by section 6721. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. However, section 6103 allows or requires the Internal Revenue Service to disclose or give the information shown on your tax return to others as described in the Code. For example, we may disclose your tax information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia and U.S commonwealths and possessions to administer their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. The time needed to complete and file these forms will vary depending on individual circumstances. The estimated average times are:
Forms Recordkeeping . . . . . . . . . . . . . . . . . . . Learning about the law or the form . . . . . Preparing and sending the form to the IRS 8027 9 hr., 47 min. 53 min. 1 hr. 8027-T 43 min.

Need Help?
If it appears that not all tips are being reported to you, the IRS offers a service called the Tip Rate Determination & Education Program. This program can assist you, the employer, in implementing more effective methods of tip income reporting. The program also offers assistance in educating tipped employees concerning their obligations relating to the reporting of any tip income they receive. To find out more about this program or to participate in a voluntary tip compliance agreement, visit www.irs.gov and type "restaurant" in the Keyword search box. You may also call 1-800-829-4933 or visit www.irs.gov/localcontacts for the IRS Taxpayer Assistance Center in your area; or send an email to [email protected] and request information on this program.

If you have comments concerning the accuracy of these time estimates or suggestions for making these forms simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the tax forms to this address. Instead, see Where To File on page 2.

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