A disgruntled ex-employed call the state, reported my family’s glass business for sales tax evasion. Among the local state sales tax auditors called to schedule some time to pore through our books. An argument that tips, in some or all cases, are not transfer pricing “compensation received for the performance of non-public services” most likely will work. Even so, kontol if it did not, I would personally expect the irs to assert this fee.
This is why I put advice label first on this gleam. I don’t want some unsuspecting server to get drawn inside a fight your dog can’t manage to lose. 
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