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Old 09 June 2012, 12:43 PM
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greg2222
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Default Cash tips

Im a chef in restaurant and just asked my boss when wee get a cash tips
He replyed
"i had some problems with that and now my accountant said that all cash tips and credit card tips need to be linked to your wadges and taxed so now u get them every month with your wages "

How the hel he can proof how much customers left CASH tip on table?????!!!!!!
I recon he just mugin me off big time?????

Any legal advice will be verry helfull
Old 09 June 2012, 02:05 PM
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Jaybird-UK
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He's right

"If customers give cash tips directly to employees or leave them on the table and individual employees keep them without any involvement from the employer, then PAYE does not apply.
It is the responsibility of the individual employee to advise HMRC of the amounts of money received. The tax will usually be recovered by an adjustment to the employee’s PAYE tax code.
PAYE must be operated on all tips paid by an employer to an employee. Responsibility for operating PAYE rests with the employer"


Basically, cash tips you stuff in your pocket it is down to you to declare and you must pay tax on.

Tips collected by the resturant and paid to you will be taxed under your PAYE

To sum up, you should pay tax on any tip

http://www.hmrc.gov.uk/helpsheets/e24.pdf
Old 09 June 2012, 02:50 PM
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David Lock
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Originally Posted by Jaybird-UK
He's right

"If customers give cash tips directly to employees or leave them on the table and individual employees keep them without any involvement from the employer, then PAYE does not apply.
It is the responsibility of the individual employee to advise HMRC of the amounts of money received. The tax will usually be recovered by an adjustment to the employee’s PAYE tax code.
PAYE must be operated on all tips paid by an employer to an employee. Responsibility for operating PAYE rests with the employer"


Basically, cash tips you stuff in your pocket it is down to you to declare and you must pay tax on.

Tips collected by the resturant and paid to you will be taxed under your PAYE

To sum up, you should pay tax on any tip

http://www.hmrc.gov.uk/helpsheets/e24.pdf

Which doesn't answer OP's question which is basically how does he know how much was actually left?

dl
Old 09 June 2012, 04:42 PM
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Jaybird-UK
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Originally Posted by David Lock
Which doesn't answer OP's question which is basically how does he know how much was actually left?

dl
It wasn't that clear
Old 09 June 2012, 07:21 PM
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Luan Pra bang
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You don't have to declare gifts given directly to staff as a gift but any time the owner or manager distributes the cash they become taxable.
Old 10 June 2012, 09:08 AM
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greg2222
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So straight answer is he can just take half of tips to his own pocket and nobody can proof he did that right? Coz he take all money upstairs at end of night/week and "do the account" so basicly staf his pocket with "half" tips and be happy???
Old 10 June 2012, 09:43 AM
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Scooby Soon!
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get another job? maybe something like picking up rubbish off the street but I dont think you will get any tips
Old 10 June 2012, 10:24 AM
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Chip
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Originally Posted by Luan Pra bang
You don't have to declare gifts given directly to staff as a gift but any time the owner or manager distributes the cash they become taxable.
Unlike discretionary service charges and credit card tips, cash tips do not belong to the business or the owner of the restaurant. They belong to the member of staff to whom they have been given. If a box or a dish is used, then they belong to employees as a group, but again not to the business or owner.

All tips received, in whatever form, are taxable income and subject to income tax. Cash tips are only tax-free if no one tells HMRC about them, which is tax evasion - a very serious offence.

EMPLOYERS
You cannot force employees to pool or share cash tips.
If staff operate a pooling system you must tell HMRC about it.
If you control the pooling system, national insurance will be due. If you fail to pay it, you will be held responsible by HMRC.


EMPLOYEES
If you receive your cash tips without deduction of tax, it is your responsibility to keep an accurate record and declare these annually to HMRC. If you don't, you will be held responsible for the tax plus interest and penalties.
HMRC can assess up to four years back.
The onus is on you to disprove any HMRC estimates.
Old 10 June 2012, 12:28 PM
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Luan Pra bang
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Originally Posted by Chip
Unlike discretionary service charges and credit card tips, cash tips do not belong to the business or the owner of the restaurant. They belong to the member of staff to whom they have been given. If a box or a dish is used, then they belong to employees as a group, but again not to the business or owner.

All tips received, in whatever form, are taxable income and subject to income tax. Cash tips are only tax-free if no one tells HMRC about them, which is tax evasion - a very serious offence.

EMPLOYERS
You cannot force employees to pool or share cash tips.
If staff operate a pooling system you must tell HMRC about it.
If you control the pooling system, national insurance will be due. If you fail to pay it, you will be held responsible by HMRC.


EMPLOYEES
If you receive your cash tips without deduction of tax, it is your responsibility to keep an accurate record and declare these annually to HMRC. If you don't, you will be held responsible for the tax plus interest and penalties.
HMRC can assess up to four years back.
The onus is on you to disprove any HMRC estimates.
I know the revenue are keeping up with their plans to take more tax off people working **** hours in hard jobs for minimum wage but by my reading of the law and 16 years experience owning and running restaurants they have no claim to a gift given to wait staff by a customer. To be taxable the staff member yould have to admit that the tip was for services rendered but in my experience cash is given as gifts and has **** all to do with HMRC.
Old 10 June 2012, 12:54 PM
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Chip
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Cash gifts, or tips as they are more commonly known are taxable under HMRC rules.
Old 10 June 2012, 04:25 PM
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fitzscoob
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Originally Posted by greg2222
So straight answer is he can just take half of tips to his own pocket and nobody can proof he did that right? Coz he take all money upstairs at end of night/week and "do the account" so basicly staf his pocket with "half" tips and be happy???
Why do you assume that you're not being given everything you're entitled too?
Old 10 June 2012, 05:15 PM
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Maybe the restaurant doesnt get left any tips ie the food not any good

Just kidding
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