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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

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Why You Need a Employer's Annual Information Return of Tip Income

The Employer's Annual Information Return of Tip Income is mandated nationally by Internal Revenue Code (Title 26), specifically by sections requiring employers to report employee income for federal tax purposes. In Nevada, this requirement is enforced by both the IRS and the Nevada Department of Taxation. The form, known as Form 8027, ensures the IRS can verify that all tip income reported by your employees matches the gross receipts and allocated tips you are required to track, preventing discrepancies in federal income and FICA (Social Security & Medicare) tax collections. Filing this return is a prerequisite for completing your own business tax filings correctly and maintaining compliance with federal payroll tax regulations.

Without this annual filing, your restaurant faces immediate financial and operational risks. Penalties are not hypothetical; they are automatic and accumulate quickly:

  • Failure-to-file penalties – 5% of the unpaid tax per month, up to a maximum of 25%.
  • Failure-to-pay penalties – 0.5% of the unpaid tax per month, on top of the filing penalty.
  • Interest charges – applied daily to any unpaid tax and penalties from the due date until payment.
  • Increased audit risk – missing this return flags your business for deeper IRS scrutiny on all payroll and income reporting.
  • Criminal prosecution – for willful failure to file or fraud, which can lead to significant fines and legal proceedings.
Beyond IRS actions, inaccurate payroll reporting can void your commercial lease clauses requiring tax compliance and complicate securing future business loans or insurance.

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: As of 2026, the IRS has updated the electronic filing thresholds, requiring most businesses to file Form 8027 electronically if they file 10 or more information returns, which includes W-2s and other forms.

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

TypeRequiredNotes
Restaurant (Full-Service)RequiredRequired because employees regularly receive tips exceeding $20 per month, triggering the IRS requirement to file Form 8027 under 26 U.S. Code § 6053(c).
Bar / NightclubRequiredRequired as a 'large food or beverage establishment' under IRS rules, where tipping is customary and alcohol sales constitute a significant portion of revenue.
Food TruckNot RequiredTypically exempt because these operations rarely employ more than 10 employees on a typical business day, falling below the IRS threshold for a 'large food or beverage establishment.'
Coffee Shop / CaféNot RequiredOften exempt because tipping, while present, is not the primary method of compensation and employees seldom report monthly tip income exceeding $20, as defined by IRS Publication 1244.
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 8027 to correct a previously filed return; leave it blank for an original submission for the 2026 tax year.

COMMON MISTAKE: Incorrectly checking this box for an original return, which can flag the submission as a correction and cause processing delays.

High rejection risk

Final Return

checkbox
Auto-filled from compliance interview

Check this box if this is the final Form 8027 you will file, typically because you went out of business or permanently stopped operating as a large food or beverage establishment in 2026.

COMMON MISTAKE: Checking this box when you plan to operate in the future, which can lead to complications with the IRS for subsequent years.

High rejection risk

Type: Alcoholic Beverages

checkbox
Auto-filled from compliance interview

Check this box if your establishment's primary business during the calendar year was serving alcoholic beverages for consumption on the premises.

COMMON MISTAKE: Selecting multiple establishment type boxes, when you should check only the one that best describes your primary business activity.

Type: Meals Other Than Evening

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Auto-filled from compliance interview

Check this box if your establishment primarily serves meals other than evening meals (e.g., breakfast, lunch) and does not serve alcoholic beverages as its main business.

COMMON MISTAKE: Confusing this category with 'Evening and Other Meals'; choose based on whether evening service is a primary, distinct part of your business.

Type: Evening and Other Meals

checkbox
Auto-filled from compliance interview

Check this box if your establishment's primary business includes serving evening meals as well as other meals (like lunch), but alcoholic beverages are not the main focus.

COMMON MISTAKE: Selecting this along with 'Alcoholic Beverages'; the IRS instructions typically require selecting the single most accurate category.

Type: Evening Meals Only

checkbox
Auto-filled from compliance interview

Check this box if your establishment's primary business is exclusively serving evening meals, with no significant service of other meals or alcoholic beverages as a main activity.

COMMON MISTAKE: Using this category for a fine-dining restaurant that also serves a significant lunch crowd; that would be 'Evening and Other Meals'.

Accepts Credit Cards: Yes

checkbox
Auto-filled from compliance interview

Check this box if your establishment accepted payment by credit or debit card at any point during the 2026 calendar year for food or beverage sales.

COMMON MISTAKE: Leaving both 'Yes' and 'No' blank, which is a common cause for IRS inquiry; you must select one.

High rejection risk

Accepts Credit Cards: No

checkbox
Auto-filled from compliance interview

Check this box only if your establishment did not accept any credit or debit card payments for food or beverage sales throughout the entire 2026 tax year.

COMMON MISTAKE: Checking 'No' if you accepted cards for any period, even if cash was primary; this can create a mismatch with reported charge receipts.

High rejection risk

Line 7c: Allocation Method - Good Faith Agreement

checkbox
Auto-filled from compliance interview

Check this box if you used a written, good-faith agreement between you and your employees to allocate tips, as described in IRS Publication 531.

COMMON MISTAKE: Selecting this method without having the required written agreement signed by employees, which does not satisfy the IRS requirement.

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 tips, which is based on the proportion of an employee's receipts to total establishment receipts.

COMMON MISTAKE: Incorrectly calculating the allocation percentage or checking this box when you actually used the hours-worked method, leading to data inconsistencies.

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

1

1. Incorrectly Reporting Gross Receipts

Entering the restaurant's total sales instead of total food and beverage sales subject to tips. This mismatch triggers an IRS mismatch notice because the reported tip income won't align with expected percentages based on the wrong sales figure. Always pull the gross receipts figure from your accounting system for the 'Food and Beverage' income line, excluding retail, merchandise, or banquet service charges.

2

2. Omitting or Using the Wrong Employer Identification Number (EIN)

Using a state tax ID, a previous owner's EIN, or leaving the field blank. An incorrect EIN causes the entire Form 8027 to be unprocessable by the IRS, halting your filing. Verify your federal EIN from your IRS confirmation letter (CP 575) or previous year's business tax return, and enter it exactly as shown, including hyphens.

3

3. Miscalculating the 8% Allocation for Gross Receipts Under $1M

For establishments with gross receipts under $1 million, failing to correctly apply the 8% allocation rule to determine if tips reported meet the minimum. The IRS will assess additional employer FICA taxes if tips reported fall short. Calculate 8% of your annual gross receipts first. If total tips reported by employees are less than this amount, you must allocate the difference and report it on Form 8027.

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

CityFee RangeTimeline
Henderson
Las Vegas
Reno

Timeline: Prepare, File, and Record the IRS Form 8027

1

Gather and Review Payroll Data for the Full Tax Year

Compile your establishment's gross receipts, charged tips, and total tips reported by all employees for the entire calendar year. You'll need this data from your point-of-sale (POS) system and payroll records. The most common mistake is using incorrect gross receipts—the IRS requires total receipts from food and beverage sales, including carry-out sales, so ensure your POS report captures all revenue. This step also involves identifying any months your establishment may have qualified for an exemption due to low tip rates.

2-4 hours (depending on record organization)
2

Complete and File IRS Form 8027 with the IRS

Fill out Form 8027, Employer's Annual Information Return of Tip Income, using the compiled data. File the form electronically through the IRS FIRE (Filing Information Returns Electronically) system or by mail to the IRS address specified in the instructions. You must file by the last day of February (e.g., February 28, 2027, for the 2026 tax year). Missing the signature of an authorized person or filing after the deadline are the top causes of IRS penalties.

1 day (for preparation and submission)
3

Provide Employee Statements (Form 8027)

Furnish a written statement to each employee who received tips, showing the information you reported to the IRS for them. You must provide this statement by the statutory deadline of March 31st. The statement must include the employee's name, SSN, and the total tips you reported for them. Failure to provide these statements can result in penalties, even if you filed the main form correctly with the IRS.

1-2 business days (to prepare and distribute)
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Other Requirements You'll Need

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

FAQ

Processing timelines vary widely as this is a federal form submitted to the IRS. According to the IRS, most information return forms are processed within 4-6 weeks, but this depends on the filing method (paper vs. electronic) and the time of year. To verify the current processing status for Form 8027, it's best to check the IRS's online 'Where's My Amended Return?' tool or contact them directly.

The government filing fee for submitting IRS Form 8027 is $0. This is a federal reporting requirement and does not incur a processing fee directly from the IRS. However, maintaining proper records and ensuring compliance with related local regulations, such as your Annual Business License Renewal with the City of Henderson, may have associated costs.

No, the Employer's Annual Information Return of Tip Income (Form 8027) is specific to your business's Employer Identification Number (EIN). If you relocate, you must file a new Form 8027 under the same EIN but with the new business address. You will also need to update your address with the IRS and ensure your City Business License/Registration is amended with Henderson to reflect the new location.

You do not 'renew' this return; you file it annually. IRS Form 8027 must be filed every year by the last day of February for the previous calendar year's tip income. The IRS provides annual instructions and forms, so you must submit a new, complete return each filing period, not simply update an existing one.

There is no physical 'inspection' for this federal tax form. Instead, the IRS conducts reviews and audits of your records. They will verify that the tip income reported on Form 8027 matches your payroll records, tax deposits, and the employees' individual income reported on W-2s. Maintaining accurate and detailed tip allocation logs is crucial for this review process.

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 Nevada specifically, we have analyzed compliance dossiers for 3 cities (Henderson, Las Vegas, Reno), 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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