118 HR 8941 IH: No Tax on Tips Act U.S. House of Representatives 2024-07-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 8941IN THE HOUSE OF REPRESENTATIVESJuly 8, 2024Mr. Donalds (for himself and Mr. Van Orden) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to eliminate the application of the income tax on cash tips through a deduction allowed to all individual taxpayers.

1.

Short title

This Act may be cited as the No Tax on Tips Act.

2.

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

There shall be allowed as a deduction an amount equal to the cash tips received during the taxable year that are included on statements furnished to the employer pursuant to section 6053(a).

.(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, 2024.