
A payment is generally a tip only if all of these are true:
An automatic charge fails this test, so it is a service charge.
| Tip | Service charge | |
|---|---|---|
| Who decides | Customer | Business |
| Who owns it (FLSA) | Employees | Business |
| Paid to staff as | Tips | Wages, if the business distributes it |
| Counts toward the tip credit | Yes | No |
| Federal tips deduction | Can qualify | Does not qualify |
Read about the new deduction in no tax on tips and overtime.
Show the service charge on the menu and the bill, and say where it goes. Some states have disclosure rules; for example, Hawaii requires businesses to disclose when a service charge is not paid entirely to employees. This is general information, not legal advice.
Whether you distribute service charges or pool tips, hours worked are the fairest base. EZTime uses clock-in data for shares, and see the restaurant tip-out guide.
No. A mandatory charge set by the business is a service charge, not a tip.
Only if the business chooses to distribute it; then it is paid as wages.
Usually no. If the customer cannot choose the amount, the IRS treats it as a service charge.
Distribute tips and service charges by hours worked. Start your 14-day trial or book a demo.
Updated November 2026. General information only; not legal or tax advice.