ComplianceDecember 29, 2020

# Case study: Allocating tips to employees in large food and beverage establishments

Large food and beverage establishments must follow tip allocation rules in the absence of a good faith tip allocation agreeement between the business and its employees. The case study, Sydney's Seafood, illustrates this type of tip allocation procedure.

If you are a large food and beverage establishment, and you do not have a good faith agreement in place for allocating tips to your employees, you will need to follow a specific process to figure out the allocations.

The following case study takes you step-by-step through this process.

Sydney's Seafood is a large food and beverage establishment that has chosen to make tip allocations using its actual payroll period and gross receipts attributable to employees.

The establishment had gross receipts of \$200,000 for a payroll period and reported tips of \$12,400. Directly tipped employees reported \$11,400 of the total, and indirectly tipped employees reported the remaining \$1,000.

 Directly tipped employees Gross receipts for the payroll period Tips reported A \$36,000 \$ 2,160 B 32,000 1,760 C 46,000 3,620 D 34,000 1,600 E 24,000 900 F 28,000 1,360 Total \$200,000 \$11,400

Step 1: The amount to be allocated to directly tipped employees is \$16,000, which is computed as follows:

8% X \$200,000 (gross receipts) = \$16,000

Step 2: Tips reported by indirectly tipped employees are subtracted from this amount.

\$16,000 (8% of gross receipts) 1,000 (Tips reported by indirectly tipped employees)= \$15,000 (Amount allocable to directly tipped employees)

Step 3: The amount to be allocated to each directly tipped employee is computed as follows:

 Directly tipped employees Amount allocable to directly tipped employees Times: Gross receipts ratio Equals: Amount allocated per employee A \$ 15,000 18% ( = 36,000/200,000) \$ 2,700 B \$ 15,000 16% ( = 32,000/200,000) \$ 2,400 C \$ 15,000 23% ( = 46,000/200,000) \$ 3,450 D \$ 15,000 17% ( = 34,000/200,000) \$ 2,550 E \$ 15,000 12% ( = 24,000/200,000) \$ 1,800 F \$ 15,000 14% ( = 28,000/200,000) \$ 2,100 Total 100% \$ 15,000

Step 4: Each employee's shortfall is then calculated:

 Directly tipped employees Amount allocable to directly tipped employees Less: Tips reported Equals: Employee shortfall A \$ 2,700 \$ 2,160 \$ 540 B \$ 2,400 \$ 1,760 \$ 640 C \$ 3,450 \$ 3,620 D \$ 2,550 \$ 1,600 \$ 950 E \$ 1,800 \$ 900 \$ 900 F \$ 2,100 \$ 1,360 \$ 740 Total shortfall \$ 3,770

Step 5: The total amount to be allocated to directly tipped employees with shortfalls is \$3,600, computed as follows:

\$ 16,000 (8% of gross receipts) - \$ 12,400 (Total tips reported) = \$ 3,600 (Amount to be allocated)

Step 6: The \$3,600 is allocated to each directly tipped employee with a shortfall, as follows:

 Shortfall employees Allocable amount Times: Shortfall ratio Equals: Amount of allocation A \$ 3,600 540/3,770 \$ 516 B \$ 3,600 \$ 640/3,770 \$ 611 D \$ 3,600 \$ 950/3,770 \$ 907 E \$ 3,600 900/3,770 \$ 859 F \$ 3,600 740/3,770 \$ 707 \$ 3,660

You have no liability to an employee if amounts allocated to the employee under these rules don't reflect your employee's actual tips.

If an employee's total tip allocation reported on Form W-2, Wage and Tax Statement, varies from the correct allocation by more than 5 percent, however, you must adjust the employee's allocation and review all tip allocations made to other employees in the same establishment to assure that their tip allocations are within 5 percent of the correct amount.