&
Tax Tips for the
COSMETOLOGY
BARBER INDUSTRY
W
hether a shop owner, an employee, or a booth renter (in-
dependent contractor), you need to know your federal tax
responsibilities, including how to report your income and
tips you receive from your customers.
The most common forms of business are the sole proprietorship, part-
nership, and corporation. Your form of business determines which in-
come tax return form you have to file. Publication 583, Starting a Busi-
ness and Keeping Records, available free from the IRS, can help you
decide.
The purpose of this publication is to describe some of the Federal tax
responsibilities that owners and workers must address each day.
As a shop owner you can elect to structure your business in different
forms. You can choose to operate your business as a sole proprietor-
ship, partnership, or as a corporation. Your business may have employ-
ees who work for you or you may decide to operate without employees.
Another common arrangement is renting space to another individual
who operates an independent business. This is commonly referred to as
a booth renter and will be discussed later in this publication.
It doesn’t matter which business structure you choose; there are basic
principles that do not change. Income received in the course of your
business is taxable income and must be reported on the appropriate
income tax return form.
If you operate your business without employees, where you are the
only worker, then your federal tax responsibilities would be limited to
reporting your income earned (including tip income) and expenses on
the appropriate tax form. For example, a sole proprietorship would file
Form 1040, using Schedule C to report business income and expenses
and Schedule SE to report Self-Employment tax.
Once you decide to hire workers you must make a determination if they
are your employees or if they will operate their own independent busi-
ness (booth renters).
3
Table of Content
Shop Owner
Shop Owner 3
Who is an Employee? 4
Shop Owner/Employer Tax Responsibilities 4
Booth Renters 6
Tip Income Responsibilities for the Employer or Booth Renter 8
Employee Tip Reporting Responsibilities 9
Tip Rate Determination and Education Program (TRD/EP) 9
References 10
5
Who is an employee?
Simply stated, an employee is an individual who works at the control
and direction of another. It is important to remember that as the em-
ployer you do not have to control the worker all of the time, you simply
have to have the right to control. The following questions are helpful in
determining if someone is your employee or an independent contrac-
tor:
As the owner, do you establish the hours the shop is open?
Who makes the determination regarding who works specific shifts?
Do the workers purchase their own supplies with their own money?
Who determines the prices charged to customers?
Do the workers each set their own appointments?
Who is responsible for expenses, such as insurance, advertising,
etc.?
These questions are not all inclusive, but they will provide insight as
to whether you are their employer. If you give extensive instructions
as to how, when, or where to do the work and where to purchase the
supplies, then more than likely you are the employer and the worker is
your employee. For additional information, see Publication 1779, Inde-
pendent Contractor or Employee?
Shop Owner/Employer Tax Responsibilities
As an employer, federal law requires you to withhold taxes from your
employees’ paychecks. Depending on the wages, you must take out of
your employees’ paychecks certain amounts for federal income tax, so-
cial security tax, and Medicare tax. You must then pay any liability
for the employer’s share of social security and Medicare taxes. This
portion, your share, is not withheld from employees. You may also be
required to pay unemployment (FUTA) taxes on these wages. In addi-
tion to reporting all taxable income on the appropriate income tax form,
you would also have the responsibility for issuing Form W-2, Wage and
Tax Statement.
The wages paid, along with the taxes withheld, are reported on a quar-
terly basis by filing Form 941, Employer’s QUARTERLY Federal Tax
Return. You may also be required to file an annual form to pay Fed-
eral unemployment taxes. This is done by filing Form 940, Employer’s
Annual Federal Unemployment (FUTA) Tax Return. Form W-2 is fur-
nished to employees after the close of the calendar year, but no later
than January 31st.
For more information about payroll taxes, see Publication 15 (Circular
E), Employer’s Tax Guide that you can download at
www.irs.gov/businesses and click on the Employment Taxes link.
4
6 7
A booth renter is someone who leases space from an existing business
and operates their own business as an independent contractor. As a
booth renter, or independent contractor, you are responsible for your
own record-keeping and timely filing of returns and payments of taxes
related to your business.
Indications that you are an independent contractor include, but are not
limited to:
Having a key to the establishment
Setting your own hours
Purchasing your own products
Having your own phone number and business name
Determining the prices to be charged
If these factors are not present, then you are likely an employee of the
business who is providing the space to you.
If the above factors are present, then as an independent contractor you
would be responsible for your federal taxes. Your tax responsibilities
would include:
Reporting all income (including tips) on the appropriate income
tax return form, such as Form 1040, using Schedule C or Schedule
C-EZ. Social Security and Medicare Taxes are reported on Schedule
SE.
As a booth renter you must issue Form 1099-MISC for business rent
paid of more than $600 or more to non-corporate landlords each
year.
Issue Form 1099 MISC or W-2 to workers you hire or employ.
As a booth renter, or independent contractor, you may need to make es-
timated tax payments during the year to cover your tax liabilities. This
is because as a booth renter (independent contractor), the business does
not withhold taxes from your pay. Estimated tax is the method used to
pay tax on income that is not subject to withholding, such as earnings
from self-employment you receive as a booth renter.
Estimated tax payments are made each quarter using Form 1040-ES,
Estimated Tax for Individuals. For additional information regarding tax
withholding and estimated tax, see Publication 505, Tax Withholding
and Estimated Tax.
If you hire others to work for you it is possible that these workers would
be your employees. As a booth renter you can hire others to work for
you as your employees. If you have employees in your business, you
would be required to deduct from their pay social security, Medicare
and federal income taxes. This would require you to file quarterly
Forms 941, as well as an annual Form 940. You would also be required
to file Forms W-2 for each employee who worked for you during the
calendar year.
Booth Renters
Tip Income Responsibilities for
the Employer or Booth Renter
Tips are considered taxable income and are subject to Federal income
taxes. Tips that your employee receives from customers are generally
subject to withholding. Your employees must report tips they receive to
you by the 10th of the month after the month that the tips are received.
The report should include tips that you paid over to the employee from
customers that added the tip to their charged or debit card receipt and
tips that the employee received directly from customers.
You must collect income tax, employee social security tax, and employ-
ee Medicare tax on the employee’s tips. For more information on the
taxation of tips, see Publication 15, Circular E – Employer’s Tax Guide,
available free from the IRS.
Employees are required by law to keep a daily record of all tips they
receive. The IRS furnishes free, Publication 1244, Employee’s Daily Re-
cord of Tips and Report to Employer, which employees can use to re-
cord their tips on a daily basis. Publication 1244 includes Form 4070,
Employee’s Report of Tips to Employer and Form 4070A, Employee’s
Daily Record of Tips.
If you operate your own business as a sole proprietor or booth renter,
any tips received in the normal course of your business must be re-
ported in gross receipts, and then reported on the appropriate income
tax form.
See Publication 531, Reporting Tip Income, for more information re-
garding tip income reporting.
All tips you receive are income and are subject to federal income tax.
You must include in gross income all tips you receive directly from
customers, charged tips paid to you by your employer, and your share
of any tips you receive under a tip-splitting or tip-pooling arrangement.
You can use Form 4070A, Employee’s Daily Record of Tips to record
your tips, or any diary of your choosing. You can also keep copies of
documents that show your tips, such as customer receipts and credit
card slips. Publication 1244 includes Form 4070, Employee’s Report of
Tips to Employer and Form 4070A, Employee’s Daily Record of Tips,
available free from the IRS. You can use an electronic system provided
by your employer to record your daily tips. If you do, you must receive
and keep a copy of this record.
Tip Rate Determination and
Education Program (TRD/EP)
Employers may participate in the Tip Rate Determination and Educa-
tion program. The program consists of various voluntary agreements
designed for specific industries where tipping is customary. There is
one designed specifically for this industry. TRAC, Tip Reporting Alter-
native Commitment, has characteristics unique to the Cosmetology and
Barber industry.
The IRS developed this program to encourage voluntary compliance
with tip income reporting through outreach and education and using
enforcement actions as a last resort.
To learn more about the voluntary agreement program, access the irs.
gov website at Market Segment Understandings (MSU)
You can get copies of the forms and publications referenced in this
publication, by searching for them by the form or title shown below at
the IRS website at: www.irs.gov.
8 9
Employee Tip Reporting Responsibilities
10 11
References
Form 941 Employer’s QUARTERLY Federal
Tax Return
Form 940 Employer’s Annual Federal
Unemployment (FUTA) Tax
Return
Form 1040-ES Estimated Tax for Individuals
Publication 15 Circular E – Employer’s Tax
Guide
Publication 505 Tax Withholding and Estimated
Tax
Publication 531 Reporting Tip Income
Publication 583 Starting a Business and
Keeping Records
Publication 1244 Employee’s Daily Record of Tips
and Report to Employer
Publication 1779 Independent Contractor or
Employee
Publication 3144 Tips on Tips/for Employees
Publication 3148 Tips on Tips/for Employers
Whatever business structure you choose, remember
your tax obligations, stay in compliance with the law,
and enjoy the benefits!
Notes
Publication 4902 (2-2011) Catalog Number 56037B
Department of the Treasury Internal Revenue Service www.irs.gov
Tax Tips for the Cosmetology & Barber Industry
Publication 4902