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Gratuities charged by or collected by persons subject to the tax imposed by Section 8A-455 may be excluded from gross income if:

1. such charge is separately stated upon the bill, invoice, etc. provided the customer, and such amounts are maintained separately in the books and records of the taxpayer; and

2. such gratuities are distributed in total to employees of the taxpayer in addition to customary and regular wages. ((O)08-08, 04/16/2008)