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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
9,849+Requirements Tracked
8,415+Forms Analyzed
433,000+Fields Classified

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

The Employer's Annual Information Return of Tip Income (Form 8027) is a mandatory federal filing required under the Internal Revenue Code (Title 26), specifically sections 6053 and 6053(c). The requirement is enforced by the Internal Revenue Service (IRS), and it applies to all qualifying food and beverage establishments in Dallas, Texas, as federal tax law supersedes local jurisdiction. This form is the primary mechanism for the IRS to verify that employers are correctly reporting their employees' tip income and meeting their associated tax obligations, including Social Security and Medicare (FICA) taxes.

Failing to file this report or submitting an inaccurate return triggers a cascade of specific penalties and risks that directly impact your restaurant's finances and operations. Based on the IRS penalty schedule, the consequences include:

  • 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, in addition to the failure-to-file penalty.
  • Interest charges on all unpaid taxes and penalties, compounded daily from the due date.
  • Operational risk: While not a local "cease-and-desist," an IRS audit or significant delinquency can complicate lease renewals and business insurance, as providers may view your establishment as a higher financial risk.
  • Criminal prosecution: In cases of willful fraud or evasion, the IRS can pursue criminal charges.

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 2026 filings, the IRS has confirmed that the electronic filing threshold for Form 8027 remains at 250 returns, and the due date continues to be February 28th (or March 31st if filing electronically) of the year following the calendar year reported.

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

TypeRequiredNotes
Restaurant (Full-Service)RequiredRequired if employees receive tips, as IRS Form 8027 is mandated for food and beverage establishments where tipping is customary and gross receipts are over a set threshold.
Bar / NightclubRequiredRequired if employees receive tips, as IRS regulations treat these as food and beverage establishments where tipping is customary.
Food TruckRequiredRequired if employees receive tips, as mobile food service operations are considered food and beverage establishments under IRS rules.
Coffee Shop / CaféNot RequiredTypically exempt unless table service with customary tipping is a primary part of the business, per IRS 'large food or beverage establishment' criteria.
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 to correct a previously submitted Form 8027, typically due to errors in employee data or tip allocations.

COMMON MISTAKE: Incorrectly checking this box on an initial return, which triggers IRS scrutiny for mismatched filing history.

High rejection risk

Final Return

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Auto-filled from compliance interview

Check this box only if your establishment permanently ceased food and beverage service operations during this tax year.

COMMON MISTAKE: Checking this for temporary seasonal closures, which requires a standard return and can complicate future filings.

High rejection risk

Type: Alcoholic Beverages

checkbox
Auto-filled from compliance interview

Check this box if your establishment primarily serves alcoholic beverages (e.g., a bar, tavern, or lounge) with food as incidental.

COMMON MISTAKE: Selecting multiple establishment types, as you must choose only the one that best describes your primary revenue source.

Type: Meals Other Than Evening

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Auto-filled from compliance interview

Check this box if your establishment's primary meal service occurs during breakfast, brunch, or lunch hours.

Type: Evening and Other Meals

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Auto-filled from compliance interview

Check this box if your establishment serves both evening meals (dinner) and other meals (like lunch) as significant parts of business.

Type: Evening Meals Only

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Auto-filled from compliance interview

Check this box if your establishment's food service is exclusively or primarily for dinner service.

Accepts Credit Cards: Yes

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Auto-filled from compliance interview

Check 'Yes' if customers can pay for food, beverages, or tips with a credit or debit card at your establishment.

COMMON MISTAKE: Selecting both 'Yes' and 'No,' which creates a data conflict the IRS system flags for correction.

High rejection risk

Accepts Credit Cards: No

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Auto-filled from compliance interview

Check 'No' only if your establishment accepts cash (or check) exclusively for all payments, including tips.

Line 7c: Allocation Method - Good Faith Agreement

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Auto-filled from compliance interview

Check this box if you used a written agreement between employer and employees to allocate tips, as described in IRS Revenue Procedure 2013-29.

COMMON MISTAKE: Selecting this without having a documented, signed agreement in place, which does not meet the IRS criteria for this method.

High rejection risk

Line 7b: Allocation Method - Gross Receipts

checkbox
Auto-filled from compliance interview

Check this box if you used the IRS-prescribed gross receipts method to allocate reported tips among employees.

COMMON MISTAKE: Incorrectly calculating gross receipts (it must include all charged tips) before applying the allocation formula.

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

1

1. Incorrect Social Security Number (SSN) or Employee Name on Form 8027

Transposing digits in an SSN or listing a nickname instead of the employee's legal name as it appears on their W-2 triggers an IRS mismatch and a CP2100 or CP2100A notice. This can lead to penalties for inaccurate reporting. Always double-check each employee's information against their Form W-2 and I-9 documentation before submitting Form 8027.

2

2. Reporting Gross Receipts Instead of Charged Receipts for Tip Allocation

Using total gross receipts (including sales tax and non-tip credit card surcharges) in Box 7 of Form 8027, rather than charged receipts subject to tipping, inflates the tip allocation rate. This can result in over-reporting tip income to employees and underpayment of employer FICA taxes on allocated tips. Ensure Box 7 includes only food and beverage sales where tips are customary, excluding tax, take-out orders, and merchandise.

3

3. Failing to File Because Tips Reported Were Below the 8% Threshold

Assuming no filing is required if reported tips are less than 8% of gross receipts is incorrect. Form 8027 must be filed by all large food and beverage establishments with 10+ employees, regardless of the tip rate. Failure to file, even for a 'zero' allocation, results in a $260 per-form penalty from the IRS. File the form by February 28th (or March 31st if filing electronically) every year, marking 'N/A' or '0' in allocation fields if applicable.

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

CityFee RangeTimeline
Dallas
Houston
San Antonio

Timeline: Varies

1

Gather Monthly Employee Tip Records

Collect Form 4070A (Employee’s Daily Record of Tips) or equivalent tip reports from all tipped staff for each month of the previous calendar year. Verify the reported amounts match your payroll records and point-of-sale system data, if used. Missing or inconsistent monthly records are the most common cause of IRS correspondence and delays.

2-4 hours
2

Compile Employee SSNs and Annual Totals

For each employee who received tips, ensure you have their correct Social Security Number (SSN) and calculate their total reported tips for the year. Cross-reference this against your annual payroll summaries (W-2, Box 7). Entering a SSN incorrectly will trigger an automatic rejection notice from the IRS.

1-2 hours
3

Complete IRS Form 8027

Fill out the current year's IRS Form 8027, 'Employer’s Annual Information Return of Tip Income and Allocated Tips.' Accurately transfer the compiled data from your records to the form. Part I requires establishment-level data; Part II lists each employee. Math errors between sections are a frequent reason for processing holds.

1-2 hours
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Other Requirements You'll Need

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

FAQ

Processing time for this federal form varies widely depending on how you file and your individual case details, per the IRS. Electronically filed returns are typically processed within a few days, while mailed forms can take several weeks to be acknowledged by the system. For your local Dallas obligations, filing a separate City Business License/Registration may have its own distinct processing timeline, as posted on the City of Dallas website.

There are no government filing fees for submitting this federal IRS form. However, this is a tax compliance requirement; failure to file or pay associated employment taxes can result in significant penalties and interest. You may have related costs for state and local registrations, such as the Application for Employer Identification Number, which is also a free federal filing. Not legal advice — verify specific tax obligations with the IRS.

No, this is an annual federal tax report, not a transferable license or permit. If you move your restaurant to a new address in Dallas, you must update your address with the IRS and also likely file for a new Certificate of Occupancy with the City of Dallas. The tip income return itself is filed for each tax year based on the business activity and location during that period.

This form, IRS Form 8027, must be filed annually by February 28th (or March 31st if filed electronically) for the preceding calendar year. It is not a 'renewal' but a recurring reporting obligation tied to your federal tax filings. Contact the IRS or your tax professional to confirm the current year's deadline and filing method, as these can be subject to change.

There is no physical 'inspection' for this paper form. Compliance is verified through IRS audits of your payroll tax records, tip allocation reports, and supporting documentation like employee tip statements. An audit can review several years of records to verify the accuracy of reported tip income and associated FICA tax payments. Maintaining thorough records is critical to avoid penalties.

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 Texas specifically, we have analyzed compliance dossiers for 3 cities (Dallas, Houston, San Antonio), 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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