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Federal housing law

1121 Publ 3144 (PDF)

Federal housing law as enacted — verbatim and citable.

Edition
2026-10-03
Last updated
2026-10-04
Jurisdiction
United States

Official source: IRS Forms, Instructions & Publications (https://www.irs.gov/pub/irs-pdf/p3144.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).


Publication 3144 (Rev. 11-2021) Catalog Number 26288G Department of the Treasury Internal Revenue Service www.irs.gov

If you are an employer of an employee who receives tip income, this guide is for you.

The Internal Revenue Service (IRS) began its Tip Rate Determination/Education Program (TRD/EP) in October 1993 for businesses where tip income is customary. The objective of the Program has been to improve and ensure compliance by employers and employees with statutory provisions relating to tip income.

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Exceptions & meaning →

The Program of Tip Reporting

What tip reporting options are available?

  • Tip Rate Determination Agreement (TRDA)

  • Tip Reporting Alternative Commitment (TRAC)

  • Institute your own reporting system to comply with the tax law

  • Gaming Industry Tip Compliance Agreement (GITCA)

Under the Tip Rate Determination/Education Program (TRD/ EP), the employer may enter into a TRDA, a TRAC, or GITCA agreement, depending on the specific business. The IRS will assist applicants in understanding and meeting the requirements for participation. The next pages show how these agreements differ.

Exceptions & meaning →

How does the program benefit my employees?

There are a number of reasons why an employee should report all of his/her tip income:

  • Increased income may improve financial approval when applying for mortgage, car, and other loans

  • Increased social security and Medicare benefits (the more you

Exceptions & meaning →

How To Get Your Program Underway

How To Apply

To enter into one of the agreements by sending an e-mail to Tip.Program@irs.gov.

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Who Should Apply

Currently, the IRS is offering participation in TRD/EP to employers who employees receive tip income in the normal course of your business. These agreements accommodate every tipping industry.

All employers with establishments where tipping is customary should review their operations.

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When To Apply

An employer may apply for one of the agreements, depending on his/her specific business, at any time. The effective date of the arrangement is determined by receipt and handling of the employer’s application.

TRAC and TRDA are effective as of the first day of the quarter following the date the National Tip Reporting Compliance (NTRC) Program Manager signs the agreement.

The GITCA is effective on a mutually agreed upon date, generally the first day of a pay period.

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TRDA vs. TRAC vs. GITCA (how they differ)

TRAC TRDA GITCA
TRAC does not require that a tip rate
be established but it does require
the employer to:

„
establish a procedure where
a directly-tipped employee is
provided (no less than monthly) a
written statement of charged tips
attributed to the employee.

„
implement a procedure for the
employees to verify or correct any
statement of attributed tips.

„
adopt a method where an
indirectly-tipped employee
reports his or her tips (no less
than monthly). This could include
a statement prepared by the
employer and verifed or corrected
by the employee.

„
establish a procedure where a
written statement is prepared and
processed (no less than monthly)
refecting all cash tips attributable
to sales of the directly-tipped
employee.
TRDA requires the IRS to work with
the establishment to arrive at a tip
rate for the establishment’s various
occupations.
GITCA requires the IRS to work with
the establishment to arrive at a tip
rate for the establishment’s various
occupations.
TRAC does not require an
agreement between the employee
and employer.
TRDA requires the employee to
enter into a Tipped Employee
Participation Agreement (TEPA) with
the employer.
GITCA requires the employee
to enter into a Model Gaming
Employee Tip Reporting Agreement
with the employer.
TRAC affects all (100%) employees. TRDA requires the employer to
get 75% of the employees to sign
TEPAs and report at or above the
determined rate.
GITCA requires the employer to
get 75% of the employees to sign
Model Gaming Employee Tip
Reporting Agreements and report at
or above the determined rate.
TRAC provides that if the employees
of an establishment collectively
underreport their tip income, tip
examinations may occur but only for
those employees that underreport.
TRDA provides that if employees fail
to report at or above the determined
rate, the employer will provide
the names of those employees,
their social security numbers, job
classifcation, sales, hours worked,
and amount of tips reported.
GITCA provides that if employees
fail to report at or above the
determined rate, the employer
will provide the names of those
employees, their social security
numbers, job classifcation, sales,
hours worked, and amount of tips
reported.
TRAC includes a commitment by the
employer to educate and reeducate
quarterly all directly and indirectly-
tipped employees and new hires of
their statutory requirement to report
all tips to their employer.
TRDA has no specifc education
requirement.
GITCA has no specifc education
requirement.
TRAC participation assures the
employer that prior periods will not
be examined as long as participants
comply with the requirements under
the agreement.
TRDA participation assures the
employer that prior periods will not
be examined as long as participants
comply with the requirements under
the agreement.
GITCA participation assures the
employer that prior periods will not
be examined as long as participants
comply with the requirements under
the agreement.

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Example of a TRAC Statement

Use the following “example” to help you develop your statement for your specific business, and provide a copy to your employees. (The following example is designed specifically for employees in the food and beverage industry.) A TRAC statement is given to an employee showing tips attributed to him/her. This example not only fulfills the statement required for charged tips but also for cash tip reporting and for indirectly-tipped employee reporting.

Employer Portion
Employee Name: Mark Doe
Employee Address: 123 Main Street
City, State, Zip: Any Town, USA 12345
Employee SSN: 000-00-000
Job Category: Food Server
Establishment Name: ABC Bar & Grill
Employer EIN: 00-0000000
Report Period: 01/01/00 -
01/31/00
Gross Sales: $6,000
Charged Sales w/Tips $2,000
Charged Tips; $380
Charged Tip Rate 19%
Sales Subject to Cash tips $4,000
Employer fills out top portion.
Gross Sales: only include
food & drink amount. Do not
include tax, tip, or non-food/
drink items.
Charged Sales: include
charged sales that show a tip
on food & drink amounts only.
Do not include tax, tip or non-
food/drink items.
(A charged sale with no tip is
included as a cash sale.)
Employee fills out bottom
portion. An indirectly-tipped
employee would only receive
(from the employer) the “title”
portion of the statement filled
out, unless employer captured
“tips shared w/others” infor-
mation from the directly-tipped
employee’s TRAC Statement
and showed it as “tips received
from others”.
Employee signs statement
and gives a copy to employer,
retaining a copy for his/her
records. This statement would
satisfy employer’s requirement
under the TRAC arrangement
and the employee’s require-
ment under the law.
Employee Portion
Cash Tips
$720
Cash Tip Rate
18%
Tips Shared w/Others
Name:
Job Category: Amount:
Johnny Noname
Busser
$120
Total

(120)
Tips Recieved from Others
Name:
Job Category: Amount
Susie Cue
Cocktail
$100
Total

100
Net tips kept and reportable:
$1,080
Employee Signature:

Date:

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Forms and Publications

The following is a list of IRS publications and forms relating to tip income reporting that can be downloaded from the IRS Web site at www.irs.ustreas.gov and can be ordered through the IRS by dialing 1-800-829-3676. (TTY/TDD equipment access, dial 1-800-829-4059).

  • Publication 505 – Tax Withholding and Estimated Tax

  • Publication 531 – Reporting Tip Income

  • Publication 1244 – Employee’s Daily Record of Tips and Report to Employer. This publication includes Form 4070, Employee’s Report of Tips to Employer, and Form 4070A, Employee’s Daily Record of Tips.

  • Form 941 – Employer’s Quarterly Federal Tax Return

  • Form 1040ES – Estimated Tax for Individuals

  • Form 4137 – Social Security and Medicare Tax on Unreported Tip Income

  • Form 8027 – Employer’s Annual Information Return of Tip Income and Allocated Tips

  • Form W-2 – Wage and Tax Statement; and separate Instructions for Forms

  • W-2 and W-3

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