We would like to draw your attention to Circular No. 26/E dated August 29, 2023, in which the Agenzia delle Entrate provides interpretative clarifications regarding the detaxation of tips received by employees working in hotels and restaurants, the rules of which are included in the 2023 Budget Law.
This new tax regime applies to tips received by workers in the sector whose employment income does not exceed 50,000 euros and who have not waived in writing the option to opt for substitute taxation.
These amounts are excluded from taxable remuneration for the calculation of social security contributions and premiums for insurance against occupational accidents and illnesses, and are not included in the calculation of termination benefits.
For VAT purposes, tips paid to employees in the above sectors represent financial movements outside the VAT field and therefore do not increase the volume of business of the employer.
For direct tax purposes, the amounts received by the employer and paid to the employees do not represent income or costs for the same employer, as they are neutral transactions.
The circular states that it is up to the employer to assess what accounting and financial measures are appropriate to ensure the separate reporting of amounts paid as tips.
The firm remains available to provide any clarification that may be needed.
(Avv. Eleonora Lepri) (Avv. Giampiero Pino)
