Portman, Cardin Introduce Bipartisan Legislation to Create U.S. Tax Code Parity for Beauty Services Providers

October 17, 2019 | Press Releases

WASHINGTON, DC –U.S. Senators Rob Portman (R-OH) and Ben Cardin (D-MD), both members of the Senate Finance Committee, today introduced the Small Business Tax Fairness and Compliance Simplification Act—legislation to empower beauty services providers, such as barbers, manicurists, skincare specialists, and hairstylists. The measure expands the Federal Insurance Contribution Act (FICA) tax tip credit to include the beauty service industry, bringing the industry in line with the food and beverages sector. Today, more than 80 percent of the 1.2 million establishments that provide beauty services, such as hair and nail salons, have 10 or fewer employees and the majority are owned and operated by women and minorities.

“Much like the restaurant industry, employees at barbershops and beauty salons across the country rely heavily on tips to supplement their wages. The US tax code should reflect that reality, however, the restaurant industry is currently the only industry that is eligible for a tax incentive designed to encourage accurate tip reporting by their employees,” said Senator Portman. “That is why I am pleased today to introduce this bipartisan legislation with Senator Cardin to simplify and create parity in the tax code for countless small businesses in the beauty services industry, so many of which are women or minority-owned.”

“In many communities in Maryland, barbershops, nail salons, and other beauty service establishments are some of the most reliable paths to the middle class for women and minorities,” said Senator Cardin. “Workers in the beauty services industry are as reliant on tips as food and beverage workers, and it is time for the tax code to catch up. I am proud to introduce this bill with Senator Portman to modernize the tax code so beauty services establishments can grow their businesses and create jobs in Maryland and across the country.”

Section 45B of the tax code currently allows food and beverage establishments to claim a credit against the business’s income taxes for FICA taxes paid on tip wages. This tip credit enhances tax compliance, improves the accurate reporting of tips by employees, and preserves Social Security benefits for such employees. The tax credit is currently limited to the food and beverage industry, yet tipping is also customary in the beauty service industry. In fact, many beauty service workers rely on tips as a primary source of income to support their families and make ends meet. This bipartisan measure would extend the existing 45B FICA tax tip credit to the beauty service industry to ensure that these small businesses can claim this credit.

According the Bureau of Labor Statistics, job growth in the beauty service industry is projected to outpace the overall U.S. economy over the next decade, with employment in certain beauty service occupations, projected to grow at least 10 percent—double the expected 5 percent increase for all occupations.

In addition to expanding the FICA tax tip credit, this legislation would also provide administrative relief and regulatory clarity for the beauty service industry by specifying certain reporting requirements and establishing an employer tip reporting safe harbor. The safe harbor provides an exemption from certain IRS tip examinations for employers who meet certain requirements for educational programs, reporting procedures, compliance with tax law, and recordkeeping. Additionally, by clarifying reporting requirements for income received from renting space to individuals who provide beauty services, the Small Business Tax Fairness and Compliance Simplification Act aims to enhance compliance by shifting the filing burden away from freelance self-employed professionals to landlords who rent to two or more individuals. This change reflects shifting business models in the beauty service industry, more than a quarter of skincare specialists and three-quarters of barbers were self-employed in 2018.

Organizations that support the Small Business Tax Fairness and Compliance Simplification Act include:

  • Steve Sleeper – Executive Director, Professional Beauty Association: “The Small Business Tax Fairness and Compliance Act is an opportunity to create tax fairness for small businesses in the professional beauty industry which will encourage growth and increase employment opportunities. Many small business owners’ will be able to plan for the future, reinvest in their employment-based establishment, and provide benefits to their employees as a result of the relief provided through this much needed legislation. On behalf of the Professional Beauty Association and our members I thank Senator Rob Portman and Senator Ben Cardin for supporting small businesses and championing tax fairness for all.”

 

  • Jeanette Armbrust – National Board Chair, National Association of Women Business Owners: "We are pleased to see the introduction of this legislation to modernize the FICA tax tip credit and provide fairness to the many small business owners in the beauty industry.  This legislation is designed to benefit both employers and employees by providing much needed modernization and simplification in various administrative reporting and compliance procedures.  We applaud Senators Cardin and Portman for their bipartisan effort to bring this bill forward and appreciate the same bipartisan effort in the U.S. House by Congressman LaHood and Congresswoman DelBene."

 

  • Andrea DeLeon – Kao Salon Division (Baltimore, MD): “At the Kao Salon Division, we understand how the FICA Tax Tip Credit will relieve our network of Goldwell and KMS salons from an unbalanced tax burden in relation to other tipped industries. This reduction in taxes will free up capital that salon owners can invest back into their businesses allowing them to provide an enhanced salon experience for stylists and clients.”

 

  • Brenda Kocak – Owner, Modern Male (Dublin, OH): "The FICA tip tax credit is the only fair way to manage the tax burden that salon employers have had to carry for so many years. My employees are blessed with generous clients and it would be counter productive for me as an employer to not support accepting tips for them as a major part of their income. This has however become a major expense to the business. An expense that could otherwise support benefits to employees as well as higher wages for commission and non commission employees. This tax burden has also forced salons to go to booth rent and 1099 rather than employee. We are loosing salon owners and owners of small businesses due to this tax burden."

 

  • Jackie Buckler – The Hair Company (Leonardtown, MD): “As a small business owner, like others, it’s a struggle. It is difficult to compete with large corporations and government for employees, as we are unable to offer the benefits packages they can. Our salon is 100% compliant with reporting tips. Paying on those tips that we receive no income for on top of now paying 40 hours sick pay to our employees is making it difficult to get ahead. We employee 48 team members. 95% of those we put through an extensive training program that is a huge expense to our company, however we do not want people to just have a job, but a fulfilling career both personally and financially. Being exempt from this tax break is making it harder to continue this.”

 

  • Rowena Yeager – Studio Wish Salon (Twinsburg, OH): “The benefits to the salon industry receiving the FICA tax tip will allow for greater growth within each salon. These funds could be reallocated towards education, pay raises, renovations as well as hiring and increasing employment opportunities. The restaurant industry receives this tax tip credit and passing this bill will create fairness within the 2 highest tipping industries. It is time so let’s make it happen!”

 

  • Cindy Feldman – Progressions salon spa store (North Bethesda, MD): “With the imposed government regulations on small businesses not only on a Federal level but also on a county level, this would be of great help to our business financially. As a salon owner for 34 years it would be a welcomed change to have our efforts in tip recording and doing what is right for our country, rewarded.”

 

  • Lester Mardiks – Ratner Companies: “Ratner Companies operates over 800 hair salons under Hair Cuttery, Bubbles, and Salon Cielo brand names in 15 states and the District of Columbia.  We are part of an industry that employs predominantly tipped professionals. We believe extending tip tax credits to salon owners would relieve the industry of a significant cost, enabling additional investments thus creating growth and additional employment opportunities.”

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