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Important: Has Anyone Try To Fight Taxing Of Service Charge?

eden Posted:

Important: Has Anyone Try To Fight Taxing Of Service Charge?

Reception halls are really ripping us off when they tax our gratuity/service charge. Arent they?

Ie. they calculate this way per person cost:

$85pp X 1.18 X 1.08625 = $108.95

when it should be done this way:
$85/person
+ (85*.18)
+ (85 * 0.08625)
= 85 + 15.30 grat + 7.33 tax
= 107.63

Has anyone tried to fight this with their hall and if so, what's the result?

Thanks!
neener1211 Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?

i think they can legally charge tax on the service charge...however, it is illegal to charge tax on the gratuity.

Audreygirl Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?


Posted by neener1211

i think they can legally charge tax on the service charge...however, it is illegal to charge tax on the gratuity.



Yep - service charge is a loophole!
eden Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?

Isn't it annoying for them to do this? I mean when you dine out do you guys tip your waiters based on the total amount after tax or before tax?

I do it before tax although I usually tip above 15%, it's still upsetting for halls to make additional money out of us this way.
giggles62 Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?

It's a loop hole that's why they call it a service charge and not a gratuity. It really sux!!!!

CLMon7906 Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?


Posted by eden

Isn't it annoying for them to do this? I mean when you dine out do you guys tip your waiters based on the total amount after tax or before tax?

I do it before tax although I usually tip above 15%, it's still upsetting for halls to make additional money out of us this way.



I always tip after the tax b/c when i worked as a waitress, some places made you claim tips based on taxed-totals and that can add up to well over $100 on a decent day and therefore alter what a waiter has to claim drastically. [there's a percentage of their sales they must claim to appease the IRS so that it appears they are claiming 100% of their tips]

they just add up the whole tab and then add the tax, so to them adding in the gratuity...i mean 'service charge' and then taxing it is no big deal.
JIFFY Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?

I'm a bit confused. I thought it was

per person X gratuity = $$$ then

$$$ X sales tax= total

to put it simple for us mathematically challenged brides!

Am I correct?
Soon2bMrsI Posted:

Re: Important: Has Anyone Try To Fight Taxing Of Service Charge?

Yeah there is something that is just not right with it.

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