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By ApronPrep Compliance Team|Reviewed by Sarah Chen, Food Safety Specialist|Verified April 2026
48Form Fields

Analyzed from Employer's Annual Information Return of Tip Income

40Auto-Filled

83% from one compliance interview

8Need Attention

Manual entry or document upload required

157+Cities Analyzed
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Why You Need a Employer's Annual Information Return of Tip Income

This is a federal requirement, not a local Tampa regulation. The Employer's Annual Information Return of Tip Income (Form 8027) is mandated by the Internal Revenue Code (Title 26), specifically § 6053(c), which requires large food and beverage establishments to report tipped employee income to the IRS annually. Even though you're in Tampa, this is enforced by the Internal Revenue Service, and your business must comply to satisfy federal tax obligations. The law applies to any establishment where tipping is customary and food or beverage is provided for consumption on the premises, provided it employs more than 10 workers on a typical business day.

Incorrect or late filing triggers direct consequences from the IRS, not local Tampa authorities. Based on data from tax compliance analyses, the top penalties include:

  • Failure-to-file penalties of 5% of the unpaid tax per month, up to a maximum of 25%.
  • Failure-to-pay penalties of 0.5% of the unpaid tax per month.
  • Interest charges on any unpaid tax and penalties, compounded daily from the due date.
  • Increased risk of a payroll tax audit, which can expand to examine all business deductions and income.
  • For willful evasion or fraud, potential criminal prosecution by the IRS Criminal Investigation division.
These penalties apply in addition to any underlying tax liability and create a documented compliance issue that can complicate future financing or business sales.

Legal code: Internal Revenue Code (Title 26)

Failure-to-file penalties (5%/month up to 25%), failure-to-pay (0.5%/month), interest on unpaid taxes, criminal prosecution for fraud/evasion

Recent update: For the 2026 tax year, the IRS has updated the electronic filing specifications for Form 8027, requiring the use of the Modernized e-File (MeF) system for all filers, eliminating the paper-only option that was previously available for certain submissions.

Who Needs a Employer's Annual Information Return of Tip Income?

TypeRequiredNotes
Restaurant (Full-Service)RequiredRequired if you have any tipped employees, as you must report allocated tips annually per IRS rules for food and beverage establishments (IRC § 6053).
Bar / NightclubRequiredRequired if you have tipped employees like bartenders or servers, as the IRS mandates annual reporting of tips for these establishments (IRC § 6053).
Food TruckRequiredRequired if you have tipped employees; mobile food services with employees who receive tips must file the annual report (IRS Form 8027 Instructions).
Coffee Shop / CaféNot RequiredOften not required, as most employees do not customarily receive tips in a manner that triggers the large food/beverage establishment threshold under IRC § 6053(c).
12 more establishment types

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Field-by-Field Guide (48 Fields)

40 of 48 auto-filled

Amended Return

checkbox
Auto-filled from compliance interview

Check this box ONLY if you are filing this form to correct or update a previously submitted IRS Form 8027 for the same tax year; leave it unchecked for your initial or original filing.

COMMON MISTAKE: Incorrectly checking this for an original return, which can cause processing delays as the IRS expects a different return package for amendments.

High rejection risk

Final Return

checkbox
Auto-filled from compliance interview

Check this box ONLY if your establishment permanently ceased operations and will not file Form 8027 for any future period; if you plan to reopen or operate next year, do not check this.

COMMON MISTAKE: Checking this for a temporary seasonal closure, which incorrectly signals to the IRS that the business is terminated and can complicate future filings.

High rejection risk

Type: Alcoholic Beverages

checkbox
Auto-filled from compliance interview

Check this box if your establishment’s primary business is serving alcoholic beverages (e.g., a bar, tavern, or lounge) where food service, if any, is incidental.

COMMON MISTAKE: Selecting this category for a full-service restaurant that also serves alcohol, which should typically use 'Evening and Other Meals' or another food-based category.

Type: Meals Other Than Evening

checkbox
Auto-filled from compliance interview

Check this box if your establishment primarily serves meals during breakfast, brunch, or lunch hours, with limited or no evening dinner service.

COMMON MISTAKE: Using this for a diner that serves meals all day; the 'Evening and Other Meals' category is often more appropriate for all-day operations.

Type: Evening and Other Meals

checkbox
Auto-filled from compliance interview

Check this box if your establishment serves food during both evening dinner hours and other times of the day (e.g., a full-service restaurant open for lunch and dinner).

COMMON MISTAKE: Leaving all type boxes unchecked, which is a common cause for a notice or rejection as the IRS requires a category selection.

High rejection risk

Type: Evening Meals Only

checkbox
Auto-filled from compliance interview

Check this box if your establishment exclusively serves dinner or evening meals, with no lunch, breakfast, or brunch service offered.

COMMON MISTAKE: Selecting this for a restaurant that opens for late lunch; even a 3 PM opening may constitute 'other meals' and make this category incorrect.

Accepts Credit Cards: Yes

checkbox
Auto-filled from compliance interview

Check this box if your establishment accepts credit or debit cards as a form of payment for food, beverages, or services during the reporting year.

COMMON MISTAKE: Checking both 'Yes' and 'No' boxes, which creates a data conflict and is a frequent reason for IRS inquiry or correction notices.

High rejection risk

Accepts Credit Cards: No

checkbox
Auto-filled from compliance interview

Check this box only if your establishment operated as a strictly cash-only business and did not accept any credit or debit cards during the entire reporting year.

COMMON MISTAKE: Checking 'No' when you have even occasional card transactions, as the IRS cross-references this with other data, potentially triggering an underreporting audit.

High rejection risk

Line 7c: Allocation Method - Good Faith Agreement

checkbox
Auto-filled from compliance interview

Check this box if you allocated tips using a written, IRS-approved agreement between you and your employees, as described in IRS Revenue Procedure 2002-35.

COMMON MISTAKE: Selecting this without having a formal, documented agreement in place, which does not meet the IRS criteria and can invalidate your allocation.

High rejection risk

Line 7b: Allocation Method - Gross Receipts

checkbox
Auto-filled from compliance interview

Check this box if you used the gross receipts method to allocate reported tips among employees, as outlined in the IRS instructions for Form 8027.

COMMON MISTAKE: Incorrect calculation of gross receipts (e.g., including non-food/alcohol sales) before applying the allocation formula, leading to math errors the IRS will flag.

High rejection risk
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Top 5 Employer's Annual Information Return of Tip Income Mistakes

1

1. Reporting Total Gross Receipts Incorrectly

Using annual sales net of voids, comps, or discounts instead of the total amount charged to customers before any adjustments. This error triggers an IRS notice (CP2100) and requires amended filings for all affected employees. Calculate gross receipts as the sum of all charges on customer checks, including tax and service charges, using your point-of-sale system's sales journal report.

2

2. Mismatching or Omitting Employee SSNs

Entering an incorrect Social Security Number or failing to include an employee who received tips but had no allocated amount. This causes processing delays and IRS mismatch notices, adding 6-8 weeks for correction. Verify each SSN against your Form W-2 filings and include all tipped employees, even those with a '0' in the allocated tips column, to ensure the employee count matches your payroll records.

3

3. Misunderstanding 'Allocated Tips' Calculation

Incorrectly applying the allocation formula from the form's instructions or allocating tips to employees who already reported 8% of their receipts. This creates wage underreporting issues and potential penalties. Only allocate tips if the total reported by employees is less than 8% of your gross receipts; use the exact calculation method in the instructions, prorating based on each employee's hours and sales.

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Employer's Annual Information Return of Tip Income by City in Florida

CityFee RangeTimeline
Jacksonville
Miami
Tampa

Timeline: Annual Filing (Typically 5–8 business hours to prepare and submit)

1

Gather Employee Tip Allocation Data

Compile tip income reported by all employees for the entire tax year. You need Form 4070A, the Employee's Daily Record of Tips, or equivalent POS system reports for every employee who received tips. The IRS requires you to have a record of both cash and credit card tips. Most delays occur when starting this step late because you must reconcile reported tips against your gross receipts.

2-4 hours (spread over year-end)
2

Complete Form 8027

Fill out the IRS Form 8027, Employer's Annual Information Return of Tip Income. This form has 3 main sections and roughly 25 data fields. You must report gross receipts, charged tips, total tips reported by employees, and calculate any allocated tips. Key data points come from your annual payroll reports and point-of-sale summaries. ApronPrep auto-fills business and EIN information, but you must manually enter the detailed financial figures.

1-2 hours
3

File with the IRS

Submit Form 8027 to the IRS by the last day of February (e.g., February 28, 2027 for the 2026 tax year). The IRS does not accept this form electronically via normal business tax portals; it must be mailed to the IRS address listed in the instructions. You must also provide a statement to each employee showing allocated tip amounts (Copy B of Form 8027) by the same date. Missing the mailing deadline is the most common cause of penalties.

1 business day (for mailing preparation)
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Other Requirements You'll Need

This is one of 13 requirements for opening a restaurant in Florida.

FAQ

Processing time varies and is not defined by the IRS with a standard timeline, as this is an informational tax filing, not a permit with an approval process. The key deadline is filing the completed IRS Form 8027 by February 28th of the year following the reportable tax year. Always check the IRS website or your tax professional for the most current annual deadlines and processing notes.

There are no government filing fees for submitting the IRS Form 8027 itself. However, this federal requirement is separate from local registrations, such as obtaining a City Business License/Registration in Tampa, which does have associated costs. Not legal advice — verify all requirements with the IRS and local authorities.

No, the IRS Form 8027 is not transferable. It is an annual informational return specific to your business and its Employer Identification Number (EIN) for a given tax year. If you move your restaurant, you must continue filing Form 8027 under your existing EIN, but you also need to update your address with the IRS and ensure you have the proper local permits, like a new Certificate of Occupancy, for the new location.

This is not a renewable permit; it is an annual filing requirement. You must file IRS Form 8027 every year your food or beverage establishment has large food or beverage operations where tipping is customary and meets the reporting threshold. Failure to file annually can result in IRS penalties. Always file for each calendar year by the February 28th deadline.

There is no physical inspection for the IRS Form 8027. Compliance is verified through your submitted tax documents. The IRS may conduct a review or audit of your payroll and tip records to verify the accuracy of the information reported on Form 8027, your quarterly Form 941, and employees' W-2 forms. Maintaining detailed daily tip records is critical for this potential review.

About This Data

This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.

For Florida specifically, we have analyzed compliance dossiers for 3 cities (Jacksonville, Miami, Tampa), generating Rich FILs (Form Intelligence Layers) with 48 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.

Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.

157+Cities analyzed
9,849Requirements tracked
8,415Forms analyzed
433,000Fields classified

Sources

  • Internal Revenue Code (Title 26)
How we verify data

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