Announcement 2000-20

City, state, zip code
CD Enterprises
Street address
City, state, zip code
Related entity (if applicable)
UVW Corp.
zz-zzzzzzz
Street address
City, state, zip code
Establishments (if applicable)
EF Enterprises
Street address
City, state, zip code
GH Enterprises
Street address
City, state, zip code

Proposed Tip Rate
Determination Agreement
(TRDA) for Use by Any Employer
With Tipped Employees (Other
Than in the Food and Beverage
Industry and the Gaming
Industry)
Announcement 2000-20
The Internal Revenue Service is expanding its Tip Rate Determination/Education Program (TRD/EP), which is designed to enhance tax compliance among
tipped employees through taxpayer education and voluntary advance agreements
instead of traditional audit techniques.
This announcement solicits comments on
a draft agreement for use in industries
other than the food and beverage industry
and the gaming industry. This agreement
is entitled Tip Rate Determination Agreement (For use by any employer with
tipped employees, other than in the food
and beverage industry and the gaming industry).
OVERVIEW
The Service developed its TRD/EP in
1993 as a means of enhancing tax compliance while reducing taxpayer burden. In
essence, the TRD/EP envisions that the
Service and taxpayers in industries in
which tipping is common would work together to improve tax compliance. The
TRD/EP currently offers employers the
opportunity of entering into one of two
types of agreements. The Tip Rate Deter-

2000–19 I.R.B.

mination Agreement (TRDA) requires the
determination of tip rates; the Tip Reporting Alternative Commitment (TRAC)
agreement emphasizes education and tip
reporting procedures. The agreements
also set forth an understanding that employers that comply with the terms of the
agreement will not be subject to challenge
by the Service. The TRDAs set forth similar understandings with respect to employees who participate in the agreements. Although not set forth in the
TRAC agreements, employees who properly report tips also will not be subject to
challenge by the Service. The decision to
enter into either a TRDA or a TRAC
agreement is entirely voluntary on the
part of the employer.
In 1993, the Service developed the
TRDA for use in the food and beverage
industry. In 1997, the Service developed
a TRDA for use in the gaming industry.
Other industries have expressed interest
in TRDAs tailored to their industries. Because the number of tipped employees in
these other industries is diverse, the Service has designed a TRDA for use in industries other than the food and beverage
industry and the gaming industry.
To ensure consistency in the agreements
offered to taxpayers and to provide an opportunity for public comment before making agreements available for use, a TRDA
for use in industries other than the food and
beverage industry and the gaming industry
is attached to this announcement. The Service requests comments from industries
that might use the agreement.

977

COMMENTS
Written comments must be received by
July 7, 2000. Send submissions to Office
of Specialty Taxes, c/o CC:DOM:CORP:R
(Announcement 2000-20), room 5226, Internal Revenue Service, POB 7604, Ben
Franklin Station, Washington, DC 20044.
Submissions may be hand delivered Monday through Friday between the hours of 8
a.m. and 5 p.m. to: Specialty Taxes, c/o
CC:DOM:CORP:R (Ann. 2000-20),
Courier’s desk, Internal Revenue Service,
1111 Constitution Avenue, NW, Washington, DC. Alternatively, taxpayers may submit comments electronically via the Internet by selecting the “Tax Regs” option on
the IRS Home Page, or by submitting comments directly to the IRS Internet site at
http://www.irs.ustreas.gov/tax_regs/regslist
.html.
OTHER TRDA AND TRAC
AGREEMENTS
The Service is simultaneously proposing by announcement in this Internal Revenue Bulletin four other agreements: (1) a
revised TRAC agreement for use in the
food and beverage industry (Announcement 2000-22), (2) a revised TRDA for
use in the food and beverage industry
(Announcement 2000-23), (3) a revised
TRAC agreement for use in the cosmetology and barber industry (Announcement
2000-21), and (4) a new TRAC agreement
for use in industries, other than the food
and beverage industry and the cosmetology and barber industry, in which tipped

May 8, 2000

employees receive both cash and charged
tips (Announcement 2000-19).
DRAFTING INFORMATION
The principal author of this announcement is Karin Loverud of the Office of the

Associate Chief Counsel (Employee Benefits and Exempt Organizations). For further information regarding this announcement, contact Ida Volz of the Office of
Specialty Taxes, on (202) 622-4177 (not a
toll-free call).

Release date: April 24, 2000
TIP RATE DETERMINATION AGREEMENT
(For use by any employer with tipped employees, other than in the food and beverage
industry and the gaming industry)
between
Department of the Treasury–Internal Revenue Service
and
[Name of Employer]
This Tip Rate Determination Agreement (TRDA) is part of the Tip Rate Determination/Education Program implemented by the Internal Revenue Service in 1993 to promote tip reporting compliance by employees in accordance with the Internal Revenue Code of
1986.
Section 6053(a) of the Code requires employees to furnish one or more written statements to their employers reporting all tips received in each calendar month. The statements must be furnished to the employer by the 10th day of the following month.
I. DEFINITIONS AND ATTACHMENTS
A. Definitions.
1. Service Representative means the Internal Revenue Service employee or delegate authorized to execute or terminate this
TRDA on behalf of the Internal Revenue Service.
2. Employer means
[insert name, address, and EIN].
3. Establishment means each of the establishments or divisions listed by name, address, and EIN in Attachment A [sample attached].
a. One place of business. If the Employer has one place of business, that place of business is an Establishment, and no attachment is necessary.
b. Additional establishment. If the Employer subsequently wishes to include an additional establishment in this TRDA, the
Employer must notify the Service Representative in writing. The notification must include the name, address, and identifying number of the additional establishment.
4. Employee means a person whose Occupational Category is listed in Attachment B [sample attached], and who is employed
by an Establishment, and who directly or indirectly receives tips of at least $20.00 per month during the course of the employee’s
employment.
5. Occupational Category describes a group of employees performing a particular type of service to which a stated tip rate is
assigned. Employees performing the same service at different locations or during different shifts may be assigned different Occupational Categories.
6. Participating Employee means an Employee who gives to the Employer a signed Tipped Employee Participation Agreement
(TEPA), which includes the language set forth in Attachment C, indicating participation in the tip reporting program.
7. Tip Rate means the applicable rate described in Section III.
B. Attachments
1. Attachment A, Establishments, lists the Employer’s establishments participating in this TRDA.
2. Attachment B, Occupational Categories and Initial Tip Rates, lists the Employee occupational categories and tip rates subject
to this TRDA.
3. Attachment C, Tipped Employee Participation Agreement, is the document signed by an Employee agreeing to report tips at
or above the rate established for the Employee’s Occupational Category.
4. Attachment D, Formula for Tip Rate Calculation, is the calculation described in section III.A.1 for determining tip rates.
II. COMMITMENT OF EMPLOYER
A. Maintaining records. While this TRDA is in effect, and in addition to records otherwise required to be maintained, the Employer will maintain the following records:
1. Employee records. For each Employee, the Employee’s name, address, social security number, reported tips, and shift(s)
and hours.

May 8, 2000

978

2000–19 I.R.B.

2. Tip rates records. All records of data used to determine the tip rates.
The Employer will retain the records listed in this section II.A. for at least 4 years after the April 15 following the calendar year to
which the records relate.
B. Furnishing information. The Employer will furnish to the Service Representative the following documents:
1. Quarterly report of employees. A quarterly report showing, as of the last day of each quarter, (1) the total number of Employees, and (2) the total number of Participating Employees. The report is due on the last day of the month following each calendar
quarter.
2. Annual report of nonparticipating Employees.
a. General rule. For each Employee who is a nonparticipating Employee on the last day of the calendar year, an annual report showing the Employee’s name, address, social security number, shift(s), and hours. The report may list all Employees, indicating those Employees who are nonparticipating Employees, as long as the required information is included for all nonparticipating
Employees. The report is due on March 31 following each calendar year.
b. Exception. No report is required for an Occupational Category for any calendar year for which all the Employees in the
Occupational Category reported tips at a rate equal to or greater than the rates established under section III of this TRDA.
C. Making records available. At the request of the Service Representative, the Employer will furnish any of the records identified
in section II.A.
D. Filing returns and paying and depositing taxes. The Employer or employing Establishment will comply with the requirements
for filing all required federal tax returns and paying and depositing all federal taxes.
III. TIP RATES
A. Tip rates.
1. Determining tip rates. The Employer will determine tip rates based on the formula set forth in Attachment D, Formula for
Tip Rate Calculation. If information necessary for the formula is unavailable or insufficient, the Employer will determine tip rates
based on information available to the Employer, historical information provided by the Service Representative, and generally accepted accounting principles. The rates will generally be based on a dollar amount per hour, but a different measure may be used.
2. Initial tip rates. The initial tip rates are identified in Attachment B, Occupational Categories and Initial Tip Rates. They will
remain in effect through December 31 of the calendar year following the year in which this TRDA takes effect.
B. Determining subsequent tip rates and Occupational Categories.
1. Annual review. The Employer will review annually, on a calendar year basis, its Occupational Categories and the tip rates
assigned to its Occupational Categories.
2. Procedures.
a. Employer submission. If the Employer believes that a change in Occupational Categories or a revision of one or more rates is
appropriate, the Employer will submit proposed revisions to the Service Representative by September 30. If the Employer fails to submit
a proposed rate revision by September 30, the Employer will be treated as having submitted the rate in effect for the current year.
b. Internal Revenue Service review. The Service Representative will review the proposed rates and notify the Employer in
writing of the IRS’s approval or disapproval by November 30. If the IRS does not approve one or more proposed rates, the existing
rate or rates will be continued until no later than the last day of the following February. If the Employer and the IRS are unable to
agree upon a rate or rates by the last day of the following February, this TRDA will terminate pursuant to section V.C.
3. Effective date of revised rates and Occupational Categories. Approved revised rates for a calendar year will become effective on the later of (1) January 1 of the calendar year, or (2) the first day of the month following the date the Employer and the Service Representative agree upon a revised rate.
IV. COMMITMENT OF INTERNAL REVENUE SERVICE
A. Participating Employee. The IRS will not examine a Participating Employee’s tip income for any period for which a TEPA is
in effect, if the Employee reports tips to the Employer at or above the tip rate established for the Employee.
B. Employer.
1. Tip examinations. The IRS will not initiate any tip examinations of the Employer (or Establishment) for any period for
which this TRDA is in effect.
2. Section 3121(q) notice and demand. Any section 3121(q) notice and demand issued to the Employer (or Establishment) relating to any period during which this TRDA is in effect will be based solely on amounts reflected on–
a. Form 4137, Social Security and Medicare Tax on Unreported Tip Income, filed by an Employee with his or her Form 1040, or
b. Form 885-T, Adjustment of Social Security Tax on Tip Income Not Reported to Employer, prepared at the conclusion of an
employee tip examination.
C. Compliance review. The IRS may evaluate the Employer and its Participating Employees for compliance with the provisions
of this TRDA.

2000–19 I.R.B.

979

May 8, 2000

V. TERMINATION OF AGREEMENT
A. Termination by Employer. If the Employer no longer wishes this TRDA to apply to one or more Establishments, the Employer
may terminate this TRDA with respect to the Establishment(s), by providing written notification to the Service Representative identifying the Establishments(s). If the termination applies to all the Establishments of the Employer, the TRDA will be terminated.
B. Termination by Internal Revenue Service. The IRS may terminate this TRDA only if–
1. As of any December 31, less than 75 percent of the Employees are Participating Employees,
2. The Employer fails to meet any of the requirements of section II, Commitment of Employer, or
3. The IRS pursues an administrative or judicial action relating to the Employer, Establishment, or any other related party to
this TRDA.
C. Termination upon failure of parties to agree to revision of tip rates. This TRDA will terminate if the Employer and the Service
Representative fail to agree to a revision of the tip rates under the procedures set forth in section III.B.2.
D. Notice of termination and effective date. Any termination will be effective the first day of the first calendar quarter after the
terminating party notifies the other party in writing.
E. Renewal after termination. The Employer and the Service Representative may at any time enter into a new TRDA.
VI. EFFECTIVE DATE OF AGREEMENT
A. General rule. This TRDA is effective on the first day of the first calendar quarter following the date the Service Representative signs the TRDA.
B. Additional establishment. This TRDA is effective with respect to an additional establishment on the first day of the quarter in
which notification of the additional establishment is made.
VII. MISCELLANEOUS
A. Examinations and/or inspections of books and records. For purposes of this TRDA–
1. Compliance review. A compliance review is not an examination or an inspection of the taxpayer’s books of account or
records for purposes of section 7605(b) of the Code, and is not a prior audit for purposes of section 530 of the Revenue Act of 1978.
2. Examination. The inspection of books of account or records pursuant to a tip examination is not an inspection of books or
records for purposes of section 7605(b) of the Code, and is not a prior audit for purposes of section 530 of the Revenue Act of 1978.
B. Notices. The parties will send all correspondence pertaining to this TRDA to the addresses stated below, unless notified in
writing of a change of address. In the event of a change of address, the parties must send all correspondence to the new address. All
notices are deemed to be sent or submitted on the date of the postmark stamped on the envelope or, in the case of a notice sent by
certified mail, the sender’s receipt.
C. Authority. The Employer represents that it has the authority to enter into this TRDA.
D. General termination and sunset provision. The Commissioner of Internal Revenue may terminate all TRDAs at any time following a significant statutory change in the FICA taxation of tips. After May 31, 2005, the Commissioner may terminate prospectively the Tip Rate Determination/Education Program and all TRDAs.
VIII. PAPERWORK REDUCTION ACT
The collections of information contained in this document will be submitted to the Office of Management and Budget for review
in accordance with the Paperwork Reduction Act (44 U.S.C. 3507).
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection
of information displays a valid control number. The collections of information in this document are in sections I.A.3, 4, and 5, II.A,
II.B, II.C, III, and V.A. This information is required to comply with sections 6053(a) and 6001 of the Internal Revenue Code and to
assist the IRS in its compliance efforts. This information will be used to monitor the Employer’s performance under the TRDA. The
collections of information are required to obtain the benefits available under the TRDA. The likely respondents are business or other
for-profit institutions.
The estimated total annual reporting and/or recordkeeping burden is 1,897 hours.
The estimated annual burden per respondent/recordkeeper varies from 6 hours to 21 hours, depending on individual circumstances, with an estimated average of 11 hours. The estimated number of respondents and/or recordkeepers is 100.
The estimated annual frequency of responses (used for reporting requirements only) is on occasion.
Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by section
6103 of the Code.
IX. SIGNATURES
By signing this TRDA, the parties certify that they have read and agreed to the terms of this document, including Attachments A,
B, and C.

May 8, 2000

980

2000–19 I.R.B.

EMPLOYER:

INTERNAL REVENUE SERVICE:

(Name of Employer)
(Signature)

(Signature)

BY:

BY:
(Service Representative’s Name)

TITLE:

TITLE:

ADDRESS:

ADDRESS:

(Headquarters street address)

(Street address)

(City, state, ZIP code)

(City, state, ZIP code)

DATE:

DATE:

ATTACHMENT A
ESTABLISHMENTS
[format for individual establishments]
Employer
A & B Company
xx-xxxxxxx
Street address
City, state, zip code
[format for chains]
Employer (parent, if applicable)
XYZ Corp.
yy-yyyyyyy
Street address
City, state, zip code
Establishments (if applicable)
AB Enterprises
Street address
City, state, zip code
CD Enterprises
Street address
City, state, zip code
Related entity (if applicable)
UVW Corp.
zz-zzzzzzz
Street address
City, state, zip code
Establishments (if applicable)
EF Enterprises
Street address
City, state, zip code

2000–19 I.R.B.

981

May 8, 2000

ATTACHMENT B
OCCUPATIONAL CATEGORIES AND INITIAL TIP RATES
[sample format]
Occupational Categories

Initial Tip Rates

Category A actual tips
Category B — 1st shift
Category B — 2nd shift
Category B — 3rd shift
Category C — location 1
Category C — location 2

___ % of sales
% of sales
% of sales
$
/
$
/

ATTACHMENT C
TIPPED EMPLOYEE PARTICIPATION AGREEMENT
I am an employee of
reporting program.

and wish to participate in my employer’s tip

In accordance with a Tip Rate Determination Agreement between my employer and the Internal Revenue Service, I agree to report
my tips to my employer, as required by law, at or above the tip rate established by my employer and approved by the IRS for my Occupational Category.
I also acknowledge that, to continue participation in my employer’s tip reporting program, I must file all federal tax returns required
by law and pay all federal taxes for which I am liable.
EMPLOYEE
Name (printed):
Signature:
Home address:
Social Security Number:
DATE:
Attachments:
Copy of TRDA and Attachment B (Occupational Categories and Tip Rates)
Copy of TRDA Information for Employees
ATTACHMENT D
FORMULA FOR TIP RATE CALCULATION
Directly tipped employees
Step 1: Determine charged and cash tip rates.
Charged tip rate =
Total charged tips
Total charged receipts with charged tips*
Cash tip rate = Charged tip rate
less: difference between charged and cash tips
Step 2: Calculate tip rate per hour (or per receipts)
1. Gross receipts subject to tipping
2. minus:
stiff factor
charged receipts with charged tips
other factors
3. equals:
receipts subject to cash tipping
4. times
cash tip rate
5. equals:
cash tips received
6. plus:
charged tips
tips received from other employees
7. equals:
total tips received
8. minus:
tip outs (if applicable)
9. equals:
adjusted tips
10. divided by:
total hours worked (or total receipts)

May 8, 2000

982

2000–19 I.R.B.

11. equals:

tip rate per hour (or per receipts)

Indirectly tipped employees
Calculate tip rate per hour:
Tip rate per hour =
Tips received from other workers
Total hours worked
* If this figure is unavailable, use “total charged receipts” for the denominator to figure the charged tip rate.

Proposed Revised Tip Reporting
Alternative Commitment (TRAC)
Agreement for Use in the
Cosmetology and Barber
Industry
Announcement 2000-21
The Internal Revenue Service is expanding its Tip Rate Determination/Education Program (TRD/EP), which is designed to enhance tax compliance among
tipped employees through taxpayer education and voluntary advance agreements
instead of traditional audit techniques.
This announcement solicits comments on
a draft agreement entitled Tip Reporting
Alternative Commitment (For use in the
cosmetology and barber industry).
OVERVIEW
The Service developed its TRD/EP in
1993 as a means of enhancing tax compliance while reducing taxpayer burden. In
essence, the TRD/EP envisioned that the
Service and taxpayers in industries in
which tipping is common would work together to improve tax compliance. The
TRD/EP currently offers employers the
opportunity of entering into one of two
types of agreements. The Tip Rate Determination Agreement (TRDA) requires the
determination of tip rates; the Tip Reporting Alternative Commitment (TRAC)
agreement emphasizes education and tip
reporting procedures. The agreements
also set forth an understanding that employers that comply with the terms of the
agreement will not be subject to challenge
by the Service. The TRDAs set forth similar understandings with respect to employees who participate in the agreements. Although not set forth in the
TRAC agreements, employees who properly report tips also will not be subject to

2000–19 I.R.B.

challenge by the Service. The decision to
enter into either a TRDA or a TRAC
agreement is entirely voluntary on the
part of the employer.
In 1997, the Service developed a
TRAC agreement for use in the hairstyling industry. The industry has expressed interest in making the TRAC
agreement available to the entire cosmetology and barber industry. The industry
has also advised the Service that a substantial portion of the industry includes
independent contractors who pay a booth
rental for use of space.
To ensure consistency in the agreements offered to taxpayers and to provide
an opportunity for public comment before
making agreements available for use, a
revised TRAC agreement is attached to
this announcement. The revised agreement addresses workers who are booth
renters and other independent contractors
and will be available to the entire industry. The Service requests comments from
the industry regarding the inclusion of
booth renters and other independent contractors.
The Service plans to allow electronic
systems (including point-of-sale systems)
to satisfy the TRAC education requirement. The Service requests comments on
what information the system must provide
to employees to satisfy the education requirement.
COMMENTS
Written comments must be received by
July 7, 2000. Send submissions to Office
of Specialty Taxes, c/o CC:DOM:CORP:R
(Announcement 2000-21), room 5226, Internal Revenue Service, POB 7604, Ben
Franklin Station, Washington, DC 20044.
Submissions may be hand delivered Monday through Friday between the hours of 8

983

a.m. and 5 p.m. to: Specialty Taxes, c/o
CC:DOM:CORP:R (Ann. 2000-21),
Courier’s desk, Internal Revenue Service,
1111 Constitution Avenue, NW, Washington, DC. Alternatively, taxpayers may submit comments electronically via the Internet by selecting the “Tax Regs” option on
the IRS Home Page, or by submitting comments directly to the IRS Internet site at
http://www.irs.ustreas.gov/tax_regs/regslist
.html.
OTHER TRDA AND TRAC
AGREEMENTS
The Service is simultaneously proposing by announcement in this Internal Revenue Bulletin four other agreements: (1) a
revised TRAC agreement for use in the
food and beverage industry (Announcement 2000-22), (2) a revised TRDA for
use in the food and beverage industry
(Announcement 2000-23), (3) a new
TRAC agreement for use in industries,
other than the food and beverage industry
and the cosmetology and barber industry,
in which tipped employees receive both
cash and charged tips (Announcement
2000-19), and (4) a new TRDA for use in
any industry other than the food and beverage industry and the gaming industry
(Announcement 2000-20).
DRAFTING INFORMATION
The principal author of this announcement is Karin Loverud of the Office of the
Associate Chief Counsel (Employee Benefits and Exempt Organizations). For further information regarding this announcement, contact Don Segal of the Office of
Specialty Taxes on (202) 622-4177 (not a
toll-free call).

May 8, 2000