Failing to accurately report your employees' tip income can trigger IRS audits, back-tax assessments with penalties, and potential payroll tax discrepancies. You must submit the IRS Employer's Annual Information Return of Tip Income (Form 8027) to the Internal Revenue Service; this is a federal requirement for restaurants in Las Vegas, Nevada. Key facts:
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The Employer's Annual Information Return of Tip Income (Form 8027) is not a local Las Vegas requirement, but a federal mandate issued by the Internal Revenue Service (IRS). Its authority stems from the Internal Revenue Code (Title 26), specifically sections requiring employers in large food and beverage establishments to report tip income received by employees. For establishments in Las Vegas, this applies if you have more than 10 employees on a typical business day and food and beverage sales are your primary source of revenue. The purpose is to ensure all taxable tip income is reported, allowing the IRS to verify employee-reported tips and ensure proper withholding of Social Security and Medicare taxes.
Non-compliance with this annual filing carries significant financial and operational risks for Las Vegas restaurant owners, separate from any local business license penalties. Consequences include:
Legal code: Internal Revenue Code (Title 26)
Recent update: For the 2026 tax year, the IRS has updated the electronic filing requirements, lowering the threshold for mandatory e-filing of Form 8027 to include more employers.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because employees regularly receive tips, and the IRS mandates employers report allocated and direct tips totaling $20 or more per month per employee. |
| Bar / Nightclub | Required | Required as bartenders and servers are considered tipped employees, and tip income must be reported for all employees receiving $20 or more in tips monthly. |
| Food Truck | Required | Required if you have tipped employees; the same IRS rule applies regardless of mobile or fixed location when monthly tips per employee are $20 or more. |
| Coffee Shop / Café | Not Required | Typically not required because these establishments rarely have formal tipped positions; tip jars are often considered direct, unallocated tips not mandating employer reporting on Form 8027. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Check this box only if you are filing this IRS Form 8027 to correct a previously submitted return for the same calendar year; this is not for an initial filing.
COMMON MISTAKE: Checking this box when filing the original return, which can delay processing and trigger IRS inquiries.
ApronPrep auto-fills 40 of 48 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Entering amounts from Box 8 (allocated tips) of Form 8027 instead of the actual tips reported by employees for the year. The IRS uses this data to verify employee-reported income, and mismatches can trigger payroll tax audits. To avoid, only report the sum of all tips employees actually reported to you, which should match the total from your payroll records and the amounts in Box 7 of Form 8027.
Using an old, personal, or state EIN instead of the correct federal EIN assigned to your business for payroll taxes. An incorrect EIN prevents the IRS from matching the return to your business account, leading to failure-to-file penalties. Double-check the EIN on your most recent IRS correspondence or confirmation letter; it's the same number used on your Form 941 filings.
Including non-food/beverage sales (like merchandise or room service charges at a hotel) or excluding applicable sales tax in the gross receipts figure. The IRS defines this specifically in the instructions, and errors here invalidate the tip rate calculation. Pull the number directly from your point-of-sale system for food and beverage sales only, ensuring it aligns with the amount reported in Box 1 of Form 8027.
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| City | Fee Range | Timeline |
|---|---|---|
| Henderson | ||
| Las Vegas | ||
| Reno |
Compile all reported tip income data from the last calendar year. You'll need the total reported tips (Box 7) from each employee's Form W-2, your establishment's gross receipts, and detailed records of any tip allocations made to meet the minimum wage. Missing W-2 data is the most common cause for amending this form later. The IRS requires reconciling all tips reported for your Employer Identification Number (EIN).
Complete Form 8027 using the gathered data. Key sections include Part I (Establishment Information), Part II (Annual Gross Receipts and Tips), and Part III (Tip Allocation for Large Food or Beverage Establishments). You must also prepare a separate statement for each establishment listed, showing gross receipts, charge receipts, charged tips, and reported tips by month. A mismatch of even 1% between charged tips and total reported tips can trigger IRS scrutiny.
Submit the completed Form 8027, along with all required employee statements (Copy A of Form W-2 for tipped employees or an acceptable substitute), to the IRS by the last day of February. While paper filing is accepted, the IRS encourages electronic filing through the FIRE (Filing Information Returns Electronically) system, which is faster and provides confirmation. Mail paper returns to the IRS address for your location listed in the instructions.
This is one of 13 requirements for opening a restaurant in Nevada.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time varies and is set by federal, not local, authorities. The federal Form 8027 is processed by the IRS after its annual deadline. For a current processing timeline, contact the IRS directly or visit their website for the latest information on form submissions.
There are no government filing fees for the Employer's Annual Information Return of Tip Income (Form 8027) to the federal IRS. However, you must have an Employer Identification Number (EIN) to file it, which you can obtain via the Application for Employer Identification Number. Not legal advice.
No, this annual tax form cannot be transferred. Each tax year's Form 8027 is specific to the employer's EIN and location during that period. If you move, you simply file future year's returns using your existing EIN and the new business address. Ensure your local permits, such as a City Business License/Registration, are updated with the new address.
You do not renew it; you file it annually. Federal law (IRC §6053) requires large food and beverage establishments to submit Form 8027 to the IRS each year, reporting tip allocations for the prior calendar year. It is a recurring annual filing obligation, not a one-time permit.
There is no physical inspection for this federal tax form. Compliance is verified through the IRS audit process, which reviews your submitted figures against payroll records and employee tip reports. Ensuring accurate records for your EFTPS Enrollment (Electronic Federal Tax Payment System) and tip allocations is critical for audit preparedness.
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.
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