Beauty & Barber Shops - IRS White Paper
(Note: Whenever you see a
sphere or a
, try a left click. There
are many spheres or
that allow you to collapse or enlarge
the topic's outline)
![]()
The following is the copy of the IRS study of Beauty and Barber Shops.
This will assist you to understand the IRS position and to arrange the financial
policies to match the IRS expectations.
Beauty and Barber Shops[ Click for Text Only Version ] | ||||||||||||||||||||||||||||||||||||||||||||||||||
Table of Contents
IntroductionThis beauty salon guide is composed of collective information from audits conducted in Las Vegas, interviews of salon owners, and contacts with the State Board of Cosmetology (Nevada, Oregon, and New Jersey). This guide is intended to provide an overview of the industry.The salon industry is cash intensive. The majority of the work force has a high school education and are graduates from cosmetology school. The books and records provided are often limited. Overall, the examiner is faced with a cash business and few if any records. The preceding characteristics can be overcome by conducting a good initial interview, preparing a standard of living analysis, and utilizing an innovation method (see Exhibits 1-3 for possible variable) of determining income. Each examination will be unique and challenging. The examination should not be entirely comprised of reconciling the books to return, evaluating internal controls, documenting your understanding, and testing the established controls. Additional consideration are:
Initial Interview and Information Document RequestThis section will focus on the questions and records designed for the salon industry. The standard interview procedures from IRM 4235-520 will not be addressed in this section.Interview GuideSecure answers to the following questions:Rental Revenue (Booth Rentals)
Service Revenue
Salon Owner
Retail Revenue
Employee vs. Independent Contractor
Information Document RequestRefer to IRM 4231-650 for explanations for the following salon records:
IncomeThe income section of this guide focuses on unique examination techniques. Traditional auditing techniques are not discussed. For Cash-T or personal living expense evaluation, refer to IRM 4231-800 or IRM 4235-643.Salon RevenueSalon revenue can be comprised of several sources or just one. Sources of revenue can include, but are not limited to, service revenue, retail revenue, and rental revenue. Normally, a salon's income will be broken down by type of revenue. If there is no break down, the specific revenue from each source can be determined by using algebraic formulas (refer to Exhibits 1-3).Service Revenue - Service revenue includes the salon owner's and employees' revenue. Service revenue can be broken down into the specific employees' revenue and thus segregating the salon owner's revenue. The salaries/wages of the employees are normally based on productivity (only one salon audited in Las Vegas did not use productivity as a basis for compensation). Ask the salon owner for an explanation of compensation. Some type of productivity record is generally used to determine compensation - request that record or an explanation in writing. Compensation can be based on a commission, a straight salary, or a salary/commission combination. Once the composition has been determined, an algebraic formula can be structured to calculate the related income for the employees (refer to Exhibit 1 for formula). Once the salon owner's reported revenue has been identified, an income analysis can be completed (refer to Exhibit 1). Retail Revenue - There are two methods in reconstructing retail revenue. The first method is based on Cost of Goods Sold (COGS). Retail revenue is directly related to COGS. Most products are marked-up 100 percent. An examiner can take COGS and double the expense, which can then be used as a gauge for retail revenue (refer to Exhibit 2 for calculation). A second method for reconstructing retail revenue is based on commission. A common practice in the salon industry is to pay a 10-15 percent commission to the seller. Be ALERT -- remember the commission expense might include wages and thus you have an employee vs. independent contractor issue (see section on Employee vs. Independent contractor). Based on the commission expense an algebraic formula can be structured and used to determine retail sales (refer to Exhibit 2 for the formula). An examiner has two items to consider when reconstructing retail sales: 1) consideration for special sales on products (there might not be a 100 percent mark-up) and 2) consideration for "walk-through" traffic where no specific worker receives a commission. It is worth reiterating that the two previous audit techniques are guides and not absolutes. However, they have been effective in the examinations in Las Vegas. Using the techniques, adjustment were made to the individual (booth renter) who failed to report his or her commission income. In the situations encountered, Forms 1099 were not issued by the salon owner for the Commissions paid. In addition, salon income was also adjusted. The salon had understated retail revenue. The first indication of a potential problem was noted through the COGS percentage comparison. Rental Revenue - If the salon has all booth rentals, the salon owner is a landlord. Verify the available space and the amount that is occupied.
Appointment BookAn appointment book can be used as a tool in an income probe. Have the salon owner or individual (the individual may be a stylist or some type of worker providing a service) go through a day in the appointment book and explain the scheduling and recording procedure for appointments. Normally, there is a coding system used to designate the type of service scheduled and whether or not the customer kept the appointment. For example, the barber may enter the customer's name for a regular cut, the customer's named may be circled for a style and a "b" may be placed by the customer's name to indicate a beard trim. Each salon has its own scheduling and recording procedures. It is crucial to ask in the initial interview about the types of services provided (cuts, perms) and the scheduling procedures (walk-ins, set appointments). Also, ask the salon owner about the salon activity. The salon owner may remember busy or slow months. Verify the statements by looking in the appointment book and reconcile the statements to the income reported.Example 1
Another important examination step is to compare the type of services and the number of appointments to the amount of income reported. The salon should have a list of services and prices. Services provided could include: hair cuts, shampoo/style, perms, hair color, nail services, skin care/facials, make-up hair removal, tanning, massage, etc. Compare the services provided with the standard prices. Exhibit 1 shows an example to calculate the average appointment price. By calculating the average appointment price, that amount can be compared to the standard prices changed in the salon. This technique is not an absolute, but can indicate potential income problems. In addition to the appointment book, the barber may also maintain a daily income summary. In some situations, it was found the income amount determined through the appointment book was very close to the correct income. However, in other situations, by using only the appointment book, income was understated. In one case, it was found that the daily income was understated by about $300 due to numerous walk-in appointments not recorded in the appointment book. In that situation, the barber had, however, recorded the correct income in the daily income summary. The point is that while the appointment book is an important document to like at, it may not reflect all services actually rendered. Therefore, it is important to analyze it in conjunction with other available records. Indirect MethodsAgents should be aware that indirect methods of proof are not favored unless the taxpayer's book and records do not exist or are incomplete and a likely source of income is identified.The Service's authority to use an indirect method is contained in section 446(b) of the Code and Treas. Reg. section 1.446.(b). The Service does not have unlimited discretion to use an indirect method. An indirect method should be used only when:
FraudThe San Francisco District developed a draft audit techniques handbook for Laundromat which is quoted below.
Employee vs. Independent ContractorThis section discusses the common law factors and relief under Section 530, State Regulatory Authority, revenue rulings, and court cases.Common Law FactorsThe question of whether an individual is an independent contractor or an employee is one fact to be determined upon consideration of the facts and application of the law and regulations in a particular case. See Professional & Executive Leasing V. Commissioner, 89, T.C. 225, 232 (1987), aff'd 862 F.2d 751 (9th Cir. 1988); Simpson v. Commissioner, 64 T.C. 974m 984 (1975). Guides for determining the existence of that status are found in three substantially similar sections of the Employment Tax Regulations; namely, section 31.3121(d)-1, 31.3306(i)-1, and 31.304(c)-1, relating to the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), and federal income tax withholding, respectively.In general, it should be noted that section 3121(d)(2) of the Internal Revenue Code requires the application of the common law rules in determining the employer-employee relationship. In determining whether an individual is an employee under the common law rules, 20 factors have been identified as indicating whether sufficient control is present to establish an employer-employee relationship. The 20 factors have been developed based on an examination of cases and rulings considering whether an individual is an employee. The degree of importance of each factor varies depending on the occupation and the factual context in which services are performed. See Rev. Rule. 87-41, 1987-1 C.B.; IRM Exhibit 4640-1, Employer-Employee Relationship. The 20 factors are not to be applied blindly. Rather, they are to be used as an aid in applying the common law. Although a variety of factors may be used to analyze employment status for tax purposed, the regulations provide that employer control over the manner in which the work is performed is probably the most important. The test is not the actual control by the employer but the employer's right to control. For further assistance regarding employment tax issues, contact the employment tax coordinator. After it has been determined that an examination of the employee/independent contractor issue will be undertaken, section 530 should be addressed as early as practicable. Section 5309A)(1) of the Revenue Act of 1978 terminates an employer's liability for employment taxes under subtitle C which includes FICA, FUTA, and income tax withholding, and any interest or penalties attributable to the liability for employment taxes. Section 530 provides that, for employment tax purposes, an individual will be deemed not to be an employee unless the employer had no reasonable basis for treating the individual as other than an employee. The purpose of section 530 is to shield employers who had a reasonable basis for treating workers as independent contractors from employment tax consequences arising from employment status reclassification by the Service. For an employer to be eligible for relief under section 530: (1) all required information returns must have been filed on a timely basis (for example, Forms 1099); (2) the employer must not have treated any other workers holding a substantially similar position as employees after 1978; and (3) the employer must have had a reasonable basis for not treating the workers as employees. IRM Exhibit 4640-3, Section 530 Flowchart, may be used to asses the examiner in determining if relief under section 530 is available to the employer. The employer may establish a reasonable basis for not treating the workers as employees by relying on any one of the three safe havens under section 530(a)(2):
As early as possible during the examination, it is important to discuss with the taxpayer the reasons the workers are treated as independent contractors. During the discussion, the examiner should keep notes of the taxpayer's responses. A taxpayer cannot have relied upon recently decided cases as the basis for treating workers as independent contractors for years prior to those decisions. An opinion letter from an attorney written after the examination began is less persuasive than one that was written when the employer first began using workers and treated them as independent contractors. The taxpayer has the burden of establishing industry practice based upon objective criteria substantiated by the taxpayer. For example, in General Investment Corporation v. United States, 823 F. 2d 337 (9th Cir. 1987), the court held that a mining company had a reasonable basis for treating miners as independent contractors because the taxpayer had substantiated that the practice of treating miners as independent contractors was both long standing and well recognized within a significant segment of the local mining industry. For further assistance regarding section 530 issues, contact Branch 2 of the Office of Associate Chief Counsel (Employee Benefits and Exempt Organizations) at (202) 622-6040.
State Regulatory AuthorityWhile the Service is not bound by State laws or determinations on this issue, State laws and regulations may be helpful to the examiner in analyzing the facts. The salon industry is regulated by each State Board of Cosmetology. Most states have a set of regulations.For example, New Jersey regulations do not allow the holder of a shop license to rent space (a booth or chair) to a nonemployee (an independent Contractor). In Oregon, rentals are allowed if the renter is an independent Contractor. In Florida, while salons and barber shops must obtain a license from the Board of Professional Regulation, a booth renter is not required to be licensed by the Board. However, Florida's legislation had a bill pending, at the writing of this guide, that would require booth renters to be licensed with the Board of Professional Regulation. The bill in Florida is a trend started in the salon industry to regulate their booth renters. Check with the state regulatory board to help facilitate in determining the independent contractor and employee issue.
Revenue Rulings and Court CasesReview the following revenue rulings and court cases that address the employee vs. independent contractor issue:
The following is Tax Management's summary of the issue based on revenue rulings and court cases.
TipsWorkers in the salon industry supplement their base compensation with tip income. Per sample audits completed in Las Vegas, tips were reported as high as 22 percent of gross sales. Per industry literature, a conservative tip rate was 7.5 percent. A major casino's salon in Las Vegas agreed to a tip rate of 8 percent. Salon owners may sate that they do not receive tips and thus have a 0 percent tip rate. The challenge with this issue is determining a reasonably correct rate. This section discusses determining a tip rate and calculating tips.IRC section 61 defines tips as reportable and taxable income. Per IRC section 6053(a), there are reporting requirements for tip income. An employee is required to give his or her employer a written report of his or her tips for each month by the 10th day of the next month. This report is required for each month that an employee receives tips of $20 or more while working for that employer. IRC section 3121(q) pertains to the employer FICA taxes with respect to tips received by its employees. IRC section 3121(q) states that tips are remuneration and are deemed paid by the employer to the employee. If the employee reports the tips to the employer, they are deemed paid when they are reported. Thus, the reporting rules, the deposit rules, and the contribution bases and rates are all applied as of the date the tips are reported by the employee to the employer. Section 3121(q) also states that, if the employee fails to report tips or incorrectly reports them, the tips are deemed paid when the employee received them. This received date governs for all purposes, but it does not governs any provisions under subtitle F that pertain to employer FICA taxes. (Subtitle F sets out the procedure and administration rules, including the reporting requirements and deposit requirements.) For purposes of employer FICA taxes and subtitle F, if the employee does not report the tips, they are deemed paid when the Secretary makes notice and demand to the employer. This is not a notice and demand under section 6303(a). It is a special section 3121(q) notice and demand. Thus, the date of the section 3121(q) notice and demand controls the date on which the employer deposits the employer FICA taxes and the Form 941 on which the employer reports the tips. (Because section 3121(q) is located in Subtitle C, the special rule does not apply to the contribution bases and the tax rates; the employer must look to the year in which the tips were received for these figures.) Rev. Rule 95-7, published in early 1995, deals specifically with
section 3121(q). The revenue ruling contains Q&A's, and would be
worthwhile for examiners to look at it for additional guidance.
Review the following court cases that address the tip issue: Bartell v. Commissioner, 48 TCM 461 (1984), T.C. Memo. 1984-346 Hair stylist in Lord and Taylor Store, Fifth Avenue, New York City, reported the same amount of tips every month in 1978. Commissioner estimated tips at 15 percent of gross sales based on a 1978 nationwide survey of tip income received by service industry employees. Tax Court accepted Commissioner's estimate with slight modification. Becerra v. Commissioner, 28 TCM 108 (1969), T.C. Memo. 1969-22 Case involved a beautician in San Francisco department store in 1965. Commissioner reconstructed tips based on estimate of 8 percent of gross sales, supported by testimony salon manager and co-worker. Tax Court found this estimate reasonable under the evidence presented at trial. Brancaleone v. Commissioner, 22 TCM 1676 (1963), T.C. Memo. 1963-318 Beautician in Macy's Department Store kept no record of tips for 1959. Tips received by fellow beauty operator indicates generally whether tips were small or large. Commissioner's method of reconstruction not discussed. Keller v. Commissioner, 48 TCM 332 (1984), T.C. Memo. 1984-314 Commissioner estimated tip income at 7.5 percent of gross sales based on average of co-workers' reported tips. Taxpayer had no tip record and Commissioner's reconstruction was upheld. Payne v. Commissioner, 23 TCM 670 (1964), T.C. Memo. 1964-119 Taxpayer, a co-worker of Brancaleone, reported 2 percent of gross sales earned by him as tips for 1960 (pursuant to his daily record). Commissioner asserted that tips were 20 percent rate. Although doubtful of reported tips, the Tax Court found for the taxpayer.
Calculating Unreported TipsThe easiest way to determine unreported tips is to calculate the tip rate based on a percentage of service revenue. Determine the best source of information, for example copies of charge slips may be used. Select a sample (that is, 1 month) and calculate the average percentage of tips, for example:
Example 2
Other Audit ConsiderationsBased on the trends in the salon industry, the following are other audit considerations for the salon industry.
Exhibit 1 (1 of 2)Service Revenue FormulaInformation needed:
Formula:
Analysis of Service Revenue Reported: Compare to initial interview, appointment book, and individual income records.
Exhibit 1 (2 of 2)Example: Information provided:
Formula:
The $17.50 is a gauge. The average is not an absolute value. The average may allow an auditor to identify large discrepancies that could lead to potential unreported income. Also assume the salon has the following standard prices: cut $25, perm $55, and color $30. The average price per appointment is $17.50. This would indicate a potential for unreported income since the actual prices for the individual services are above the computed average price per appointment.
Exhibit 2 (1 of 2)Retail Revenue FormulasInformation needed:
Formulas:
Exhibit 2 (2 of 2)Example:
Formula:
Analysis of Reported Retail Revenue:
Note:
Exhibit 3 (1 of 2)Rental Revenue Formula Information Needed:
Formula:
Analysis of Rent Revenue Reported
Exhibit 3 (2 of 2)Example:
Formula:
Analysis of Rent Revenue Reported:
Compare the flat rate of rent per station and the reported rate per station. In this particular example, $130 compared to $125 is reasonable. The objective of this comparison is to identify large discrepancies between the flat rate of rent and the reported rate of rent.
Glossary
Bibliography
Industry Sources
|
Description/Scope
Skill Level Time Estimate Materials Equipment-Tools Library Resources Pre-requisite Knowledge
Purpose
Purpose
Who This Applies to
Who
When to Perform
When
Special Circumstances
Warnings & Special Circumstances
Why This Is Important
Usefulness
General Benefits 7 Objectives
Text
![]()
This entire site is for educational or informational purposes only. You are not to use the forms, concepts, strategies, or knowledge without assistance from a professional. The author, the corporation, the ISP, Bob Parrish CPA, Bob Parrish CPA, P.C. or other parties related to those or this site do not guarantee or warrantee in any manner the suitability, usefulness, accuracy, timeliness, or results of any portions of this site, nor the links contained in this site which link to other areas. At times, information is taken from other sources and is believed to be accurate, but no verification or confirmation is performed. Furthermore, if any federal or state law invalidates a portion of this disclaimer, the other portions still apply. In addition, any allegations or actions are restricted to arbitration only and must be arbitrated by the Better Business Bureau in Sarasota Florida. Reading of these pages constitutes complete acceptance and agreement with all disclaimer provisions on all pages of this site. .......
Thursday, February 22, 2007 11:45 AM
Law (commentary and citation)
Regs (commentary and citation)
Cases (commentary and citation)
§§§ Law §§§
§274(d)
§§§ Regs §§§
§§§ Cases §§§
This is about Activity Based Taxplanning - maximizing deductions, minimizing cash outlay and maximizing the amount of cash retained and the net worth.
Tax is a subject that many view in order to cut costs. Taxes are a cost just as any other cost. It happens this cost is somewhat intangible and is defined by legislation without a tangible item to view and control. The money is spent and the control of the expenditure is more appropriately administered by someone trained in the law.
This is about Activity Based Costing - methods to cut costs, management accounting, management information systems, decision support systems - in general about being a manager.
Entrance Interview
Exit Interview
From Banking Records
From Customer Records
From Signed Documents
From Your Other Business, or Financial Records
From Corporation or Organization Records (meetings, etc.)
What to do:
Assistance - What to do
Forms - Checklists - Etc.
Financial Statement Presentation
Notes to Financial Statements
How to Make Entries
What Kind of Records to Keep
Bookkeeping Methods - Cash, Accrual and Other
How the Business Entity Affects the Recording
Sole Proprietor
Corporation - C & S
Partnerships - General, Limited, Limited Liability Company, Registered Limited Liability Partnership or Company
Trusts
Tax Exempt
Compliance Checklist
Action Checklist
Alerts & Dangers - Risks
Asset Protection
Your Defense
beauty_salons_mssp.htm