Section 45B

The FICA Tip Credit

A dollar-for-dollar federal tax credit that gives back the payroll taxes you pay on your employees' tips - one of the most overlooked credits for tipped businesses.

In a nutshell

  • You pay 7.65% FICA tax on your employees' reported tips. Section 45B gives most of that back as a dollar-for-dollar credit.
  • Only tips above the federal baseline wage count - tips used to reach the baseline are excluded.
  • Formula: (Total Tips − Hours × Baseline) × 7.65%.
  • Under the 2026 OBBBA expansion, this is no longer just for restaurants - beauty salons and wellness businesses can now claim it, subject to a 15% Gross Receipts test.
  • It's claimed on IRS Form 8846.

How it works

When an employee earns tips, you - the employer - owe the 7.65% employer share of Social Security and Medicare (FICA) taxes on those tips, just like regular wages. Section 45B lets you reclaim that tax as a credit against your federal income tax.

There's one important nuance: tips are only creditable to the extent they exceed a baseline hourly wage. Tips that go toward bringing an employee up to that baseline are excluded; everything above it counts.

The formula

Credit = (Total Tips − Hours Worked × Baseline) × 7.65%

Worked example

A server works 1,800 hours and reports $24,000 in tips. At a $5.15 baseline:

  • • Baseline wages: 1,800 × $5.15 = $9,270
  • • Creditable tips: $24,000 − $9,270 = $14,730
  • • Credit: $14,730 × 7.65% = $1,126.85

The 2026 OBBBA expansion

Historically this credit was effectively limited to food & beverage. The One Big Beautiful Bill Act opened it up:

Restaurants & food service

The long-standing credit continues to apply.

Beauty & wellness - newly eligible

Salons, spas, barbershops, and wellness businesses can now claim it, subject to a 15% Gross Receipts test.

The 15% Gross Receipts test

For beauty and wellness businesses, recorded tips must equal at least 15% of gross receipts. If your recorded tips fall below that line, the credit is blocked - which often signals under-reported tips, a genuine audit risk. This is exactly the kind of compliance blind spot P.A.I.D. flags automatically before anything is filed.

Example: $100,000 in gross receipts requires at least $15,000 in recorded tips to pass. Record $10,000 (10%) and the credit is blocked until the discrepancy is resolved.

Who qualifies

  • You employ tipped workers and pay FICA tax on their reported tips.
  • You're in food & beverage, or - newly - beauty and wellness.
  • Beauty/wellness: your recorded tips meet the 15% gross-receipts threshold.

Common mistakes we catch

  • Crediting tips below the baseline wage, which aren't eligible.
  • Beauty/wellness businesses claiming the credit without passing the 15% test.
  • Leaving money on the table by not claiming the credit at all - it's frequently missed.

Do you qualify? The real limits

The bright-line tests and the things that quietly disqualify a business (2026 tax year).

Tips count only ABOVE the frozen floor
$5.15/hr (the 2007 federal minimum - not today's wage)
Credit rate
7.65% (1.45% on tips above the $184,500 Social Security wage base)
Business type
Food/beverage service - plus beauty, hair, nail, esthetics & spa as of 2025 (OBBBA)

What can disqualify you

  • Service charges and auto-gratuities are wages, not tips - never creditable.
  • Unreported tips don't count until an IRS §3121(q) notice.
  • Tips that only fill the gap up to $5.15/hr generate no credit.

Common reasons businesses get denied

  • Counting employer service charges or auto-gratuities as tips - they're wages, not tips.
  • Including tips the employee never reported (no §3121(q) notice on file).
  • Tips that only bring the worker up to $5.15/hr - those generate no credit.
  • Claiming for a business where tipping isn't customary (outside food/beverage and the 2025 beauty/spa expansion).
  • Not reducing the FICA-tax deduction by the credit (§280C), which the IRS reverses on exam.

Even if you qualify

  • Nonrefundable - limited by your tax liability as part of the General Business Credit (unused: back 1 / forward 20 years).
  • You must reduce your FICA-tax deduction by the credit (§280C), unless you elect out.

Check your state

State figures as of June 2026; many are indexed and change mid-year. Confirm with your state labor department and CPA.

Limits that apply to every federal credit

They're nonrefundable
Every credit here offsets income tax but can't create a refund (§38 liability limit). A business with little or no tax liability gets little benefit this year - unused amounts carry back 1 year and forward up to 20 (§39).
Related businesses are combined
If you own multiple businesses under >50% common control, the IRS treats them as ONE employer for the size tests (§52/§414). Several small entities can together blow past the under-25-FTE, 30-employee, or 100-employee ceilings even though each looks small alone.
No double-dipping
The deduction for the wages/premiums/expenses behind a credit is reduced by the credit amount (§280C), and the same dollar can't fund two different credits.
Pass-through & passive limits
For S-corps and partnerships the credit flows to owners on a K-1, where each owner's liability and passive-activity limits (§469) decide how much they can actually use.

Plain-English summary, not tax advice. Your CPA confirms eligibility for your specific business.

Want to know what this is worth for your business?

Upload your payroll report - or just enter your tips from your W-3 - and we'll calculate your estimated FICA tip credit, running the 15% test for you automatically.