To the folks who make Wisconsin taste like home, As my role as Chair of the Wisconsin Restaurant Association comes to an end, I’ve been reflecting on what an energizing, meaningful year it’s been. Our industry saw big challenges and big wins, and I’m grateful I got to spend it working alongside so many passionate people who care deeply about Wisconsin hospitality. We focused on strengthening relationships, reinforced our organizational foundation, and laid important groundwork to enhance the member benefits and services that support operators every day. Through task forces, committee work, and a whole lot of thoughtful conversation and action, our association took important steps to ensure we’re positioned for long-term stability and impact. This year was also full of connection. From the Wisconsin Food & Hospitality Expo and the Women in Hospitality Conference to Cheers to Hospitality, Restaurant Road Shows, fundraisers, and gatherings with lawmakers, I was reminded how powerful our industry is when we come together—operators, partners, educators, and legislators united around a shared mission. Throughout the year at the Capitol—whether testifying or showing up alongside our incredible WRA team—I saw how much our voice matters. The WRA shows up, speaks up, and helps shape policy that strengthens Wisconsin restaurants. Being part of that work has been an honor and will continue to be a big part of how I show up for our industry. To the WRA team, Board of Directors, and every member grinding every day to keep this industry moving—thank you. Your honesty, resilience, and commitment inspire me. I’m passing the gavel into strong, capable hands, and I’ll continue supporting our industry at both the state and now the national level through my new role on the National Restaurant Association Board of Directors. Together, we’ll keep lifting our industry, shaping policy, and creating opportunities for those who will come after us. Thank you for an unforgettable year. Erin Vranas 2025 WRA Chair of the Board The Treasury Department and the Internal Revenue Service (IRS) recently released new guidance for individual taxpayers who can claim the newly enacted federal income tax deductions for qualified tips or qualified overtime compensation for tax year 2025. Crucially, the guidance (Notice 2025-69) illustrates how workers can determine the deduction amount without receiving a separate accounting from their employer on tax return forms such as Form W-2, Wage and Tax Statement, or a Form 1099. The IRS published the guidance because the agency is not adding the tip and overtime premium pay deductions to the 2025 versions of employer-provided Form W-2; Form 1099-NEC, Nonemployee Compensation; Form 1099-MISC, Miscellaneous Information; or Form 1099-K, Payment Card and Third Party Network Transactions. Employees may see new tax forms, as the IRS is updating individual income tax forms and instructions for taxpayers for tax year 2025 (such as a new Form 1040, Schedule 1-A, Additional Deductions). No Tax on Tips For the tip deduction, the IRS reiterates that pre-existing federal labor law already defines what a tip is and that only voluntary tips given at the sole discretion of the customer are eligible for the tax deduction. The Fair Labor Standards Act, or FLSA, clearly makes the distinction between a tip and a mandatory service charge added to a bill. The new tax law that established the individual income deduction for tips did not change anything related to the distinctions that FLSA makes between tips and mandatory service charges. Additionally, the IRS says the law’s restriction on “specified service trade or business” (SSTBs) taking the deduction will not be in place for the 2025 or 2026 tax years. This could allow musical performers working in a restaurant or hotel to take the deduction before the SSTB restriction comes into effect. No Tax on Overtime Premium Pay The Treasury Department and the IRS acknowledged that employers manage different types of earnings statements and pay stubs, and employers provide overtime compensation in a variety of ways (such as combining State-required and FLSA-required overtime). For example, California law requires employers to pay premium pay when an employee works over 8 hours/day – this overtime would not be eligible for the deduction since the federal tax law relies on the FMLA standard definition for overtime premium pay.
How to Calculate Overtime Premium Pay Eligible for Deduction – Examples from the IRS
*This update should not be considered tax, legal, or accounting advice and every restaurant operator and employee should work with their own tax professional before acting on these deductions, credits, or other tax decisions.* |
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