For independent restaurants · cafes · bars · food trucks

Tax Strategy for Restaurants and Food Trucks

One location or four. Brick-and-mortar or wheels. We review the §45B tip credit, §179 expensing, and COGS so the margin in your books matches the return we file.

What restaurants get wrong (and what we fix)

Independent operators can miss savings by skipping the FICA tip credit, miscoding meals, or expensing leasehold improvements the wrong way.

FICA tip credit §45B

The 7.65% employer FICA you paid on tips above the minimum wage comes back as a non-refundable credit. Best part: you also keep the wage deduction, so it is creditable and deductible. We pull POS tip data, calculate the credit per server, and file Form 8846.

IRC §45B; §3101; Form 8846; Rev. Rul. 2012-18

Business meals 50% §274(n)

Owner and staff meals, vendor meetings, and chef R&D tastings are 50% deductible. The 100% rule for restaurant-provided meals expired after 2022. We code each meal correctly so the auditor does not zero out the whole line for one mis-coded $400 dinner.

IRC §274(n)(1); Notice 2021-25 (expired); Rev. Proc. 2024-25

Uniforms, laundry, and PPE

Branded chef coats, server aprons, slip-resistant shoes required by the employer, kitchen laundry service, gloves, hairnets. All deductible when not adaptable for street wear. We separate uniform spend from owner clothing so the deduction holds up.

IRC §162(a); Rev. Rul. 70-474; Pevsner v. Commissioner

Kitchen equipment §179

Combi ovens, walk-ins, hood vents, dishwashers, POS terminals, fryers. Up to $1.16M §179 expensing for 2024 with 60% bonus depreciation on the rest. Food trucks: the truck itself is 5-year MACRS and qualifies for bonus. We time the placed-in-service date against your bracket.

IRC §179; §168(k); Rev. Proc. 2023-34

Leasehold improvements + QIP bonus

Build-out drywall, electrical, plumbing, HVAC, lighting placed in service after 2017 is Qualified Improvement Property with a 15-year life and 60% bonus depreciation in 2024. A $180K build-out throws off $108K of first-year deduction. Most prior preparers miss this entirely.

IRC §168(e)(6); §168(k); CARES Act §2307 fix

COGS and multi-state for trucks

Food, beverage, paper, and direct labor land in COGS, not "supplies." We rebuild your chart of accounts so gross margin is clean. Food trucks crossing state lines need apportionment and source-state sales tax. We file the part-year and use-tax returns so a county fair gig does not become a four-state audit.

IRC §263A; Treas. Reg. §1.471-1; state economic nexus statutes

Example scenario (illustration only, not a specific client; results vary)

25-seat Orlando bistro, $640K revenue, $128K in declared tipped wages across six servers in tax year 2024. Prior CPA had never filed Form 8846.

$14,200 FICA tip credit recovered

Tip credit calculated on declared tips above the §3121(q) minimum-wage floor, claimed on Form 8846 and flowed through the K-1. Wage deduction preserved. We also amended 2022 and 2023 returns for two additional years of credit.

P&L review → Talk to our office
Call 689-331-5723 · info@zerofusstaxes.com · Real humans pick up.
Disclaimer. This page is general tax information, not advice for your specific situation. Code section references and IRS revenue procedures are accurate as of the 2024 tax year and may change. FICA tip credit, QIP bonus depreciation, multi-state sales tax, and entity-level elections all require facts-and-circumstances analysis. Savings examples are illustrative and based on actual client outcomes but your results will depend on tip volume, state of operation, entity structure, and documentation quality. Zero Fuss Taxes is the operating brand. We are not your tax advisor until we sign an engagement letter.