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Defending the Tip Number: Qualified Tips, the 2026 W-2, and Information Return Penalty Defense

Code TP is new on the 2026 W-2, and a wrong qualified-tip entry exposes employers to §§ 6721 and 6722 penalties. Learn to separate qualified tips from service charges, sequence W-2c corrections, and build a reasonable-cause administrative record.

2026-10-07 14:30:00

Program Details

2026-10-07 14:30:00

2026-10-07 14:30:00

2h CLE Credits

2026-10-07 14:30:00

Program Details

2026-10-07 14:30:00

Program Details

2026-10-07 14:30:00

Over 1,000+ webinars

2026-10-07 14:30:00

Course Overview

The deduction belongs to the worker. The penalty belongs to the employer

2026-10-07 14:30:00

The One Big Beautiful Bill Act, P.L. 119-21, added IRC § 224 and put qualified tips in Box 12 of the 2026 W-2 under Code TP. Treasury has published the list of occupations that customarily and regularly received tips before 2025. The transition relief in IRS Notice 2025-62 has expired.

Code a service charge as a qualified tip and the deduction breaks. Miss the specified service trade or business exclusion under § 199A(d)(2) and an otherwise-tipped worker is disqualified. Report Code TP or Code TT incorrectly and §§ 6721 and 6722 attach, with the annual cap gone where intentional disregard is alleged. File the W-2c out of sequence and the correction compounds the penalty.

What you carry out is work product. A qualified tip calculation that holds, with the $25,000 cap and the income phase-out applied. POS and payroll configuration requirements a client’s controller can act on. A reasonable-cause administrative record built to Treas. Reg. § 301.6724-1, a response path for a Notice 972CG assessment, and documented good-faith positions where the guidance remains unsettled.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Code TP Mechanics
How Box 12 Code TP reporting under IRC § 224 and the One Big Beautiful Bill Act, P.L. 119-21, changes what goes on every 2026 W-2 you review, including how the occupation code and allocated-tip reporting interact with the new entry.
02
Qualified Tip Boundaries
How to separate qualified tips from service charges, mandatory gratuities, and auto-added surcharges that fall outside § 224 before the number ever reaches a return.
03
Occupation and Exclusion Screens
How Treasury’s published list of occupations that customarily and regularly received tips before 2025 and the specified service trade or business exclusion under § 199A(d)(2) disqualify otherwise-tipped workers.
04
Calculation and Systems
How the qualified tip calculation, the $25,000 cap, the income phase-out, and POS and payroll system configuration requirements drive the figure you will have to defend now that IRS Notice 2025-62 transition relief has expired.
05
Penalty Tiers and Exposure
How the § 6721 and § 6722 penalty tiers apply to incorrect or missing Code TP and Code TT reporting, and how intentional disregard exposure removes the annual cap.
06
Abatement and Correction
How to build the reasonable-cause administrative record under Treas. Reg. § 301.6724-1, respond to a Notice 972CG proposed assessment, evaluate first-time abatement and de minimis correction safe harbors, and sequence W-2c filings so a correction cures rather than compounds the penalty.

Program schedule

clock 2:30 pm - 3:30 pm EST

Coding Qualified Tips on the 2026 W-2: Code TP, the Occupation List, and the Exclusions That Break the Deduction

This session covers the mechanics of reporting qualified tips in Box 12 using Code TP on the 2026 W-2, as required by the One Big Beautiful Bill Act (OBBBA), P.L. 119-21, and IRC § 224. Attorneys will learn how to separate qualified tips from service charges, mandatory gratuities, and auto-added surcharges that fall outside § 224; how to apply Treasury’s published list of occupations that customarily and regularly received tips before 2025; how the specified service trade or business exclusion under § 199A(d)(2) disqualifies otherwise-tipped workers; and how the occupation code and allocated-tip reporting interact with the new Box 12 entry. Attendees will leave with a working understanding of the qualified tip calculation, the $25,000 cap and income phase-out, POS and payroll system configuration requirements, and the compliance gap left by the expiration of 2025 transition relief under IRS Notice 2025-62.

Bozena M. DiazBozena M. Diaz
clock 3:40 pm - 4:40 pm EST

Fighting the Penalty: IRC §§ 6721 and 6722 Abatement, Reasonable Cause, and the W-2c Correction Sequence

This session covers the mechanics of reporting qualified tips in Box 12 using Code TP on the 2026 W-2, as required by the One Big Beautiful Bill Act (OBBBA), P.L. 119-21, and IRC § 224. Attorneys will learn how to separate qualified tips from service charges, mandatory gratuities, and auto-added surcharges that fall outside § 224; how to apply Treasury’s published list of occupations that customarily and regularly received tips before 2025; how the specified service trade or business exclusion under § 199A(d)(2) disqualifies otherwise-tipped workers; and how the occupation code and allocated-tip reporting interact with the new Box 12 entry. Attendees will leave with a working understanding of the qualified tip calculation, the $25,000 cap and income phase-out, POS and payroll system configuration requirements, and the compliance gap left by the expiration of 2025 transition relief under IRS Notice 2025-62.

Bozena M. DiazBozena M. Diaz
Bozena M. Diaz

Bozena M. Diaz

Archer & Greiner, P.C.

Bozena M. Diaz

Bozena M. Diaz

Archer & Greiner, P.C.

Bozena (Bonnie) M. Diaz is a partner at Archer & Greiner, P.C., resident in the firm’s Hackensack, New Jersey office, where her practice spans corporate work and nonprofit and charitable organizations. She has more than twenty years of experience advising on the federal income tax aspects of mergers and acquisitions, spin-offs, and other divestitures. Her work also reaches the tax aspects of business and real estate joint ventures, restructurings, workouts, and reorganizations, along with international tax planning, renewable energy transactions, Qualified Opportunity Zone investments, tax controversy representation, and the design and compliance of qualified retirement plans.

Education & Credentials

She earned her J.D., cum laude, from Georgetown University Law Center and her LL.M. from New York University School of Law, following a B.A. from Drew University. She is admitted to practice in New Jersey and New York.

Her court admissions include the United States Tax Court, the United States Court of Federal Claims, the United States District Court for the District of New Jersey, and the United States District Courts for the Southern and Eastern Districts of New York.

Recognition & Leadership

She serves as a member of the International Tax Committee of the New Jersey State Bar Association's Tax Section. She speaks and writes regularly for practitioner and business audiences: in July and August of 2026 she presented “The New QSBS Landscape Planning Opportunities for Business Owners and Investors,” and her recent articles include “The Tax Break New Jersey Business Owners Can’t Afford to Miss” in SJ Magazine (July 2026) and “Tax Planning: New Exclusions Under New Jersey Gross Income Tax Act” in the Philadelphia Business Journal (May 2026).

Professional Involvement

She is a member of the Tax Sections of both the New Jersey State Bar Association and the New York State Bar Association, and a member of the American Bar Association. Outside the profession, she serves on the boards of the Sussex County Youth Orchestras and New Jersey Ambassadors of Music.

Experience

Her transactional practice centers on the federal income tax consequences of mergers, acquisitions, spin-offs, and other divestitures, and on structuring business and real estate joint ventures, restructurings, workouts, and reorganizations.

Alongside that transactional work she handles international tax planning, renewable energy transactions, and Qualified Opportunity Zone investments, and she represents clients in tax controversy matters — the footing from which she addresses information return penalties, reasonable cause, and correction sequencing in this program.
Bozena M. Diaz

Bozena M. Diaz

Archer & Greiner, P.C.

Bozena (Bonnie) M. Diaz is a partner at Archer & Greiner, P.C., resident in the firm’s Hackensack, New Jersey office, where her practice spans corporate work and nonprofit and charitable organizations. She has more than twenty years of experience advising on the federal income tax aspects of mergers and acquisitions, spin-offs, and other divestitures. Her work also reaches the tax aspects of business and real estate joint ventures, restructurings, workouts, and reorganizations, along with international tax planning, renewable energy transactions, Qualified Opportunity Zone investments, tax controversy representation, and the design and compliance of qualified retirement plans.

Education & Credentials

She earned her J.D., cum laude, from Georgetown University Law Center and her LL.M. from New York University School of Law, following a B.A. from Drew University. She is admitted to practice in New Jersey and New York.

Her court admissions include the United States Tax Court, the United States Court of Federal Claims, the United States District Court for the District of New Jersey, and the United States District Courts for the Southern and Eastern Districts of New York.

Recognition & Leadership

She serves as a member of the International Tax Committee of the New Jersey State Bar Association's Tax Section. She speaks and writes regularly for practitioner and business audiences: in July and August of 2026 she presented “The New QSBS Landscape Planning Opportunities for Business Owners and Investors,” and her recent articles include “The Tax Break New Jersey Business Owners Can’t Afford to Miss” in SJ Magazine (July 2026) and “Tax Planning: New Exclusions Under New Jersey Gross Income Tax Act” in the Philadelphia Business Journal (May 2026).

Professional Involvement

She is a member of the Tax Sections of both the New Jersey State Bar Association and the New York State Bar Association, and a member of the American Bar Association. Outside the profession, she serves on the boards of the Sussex County Youth Orchestras and New Jersey Ambassadors of Music.

Experience

Her transactional practice centers on the federal income tax consequences of mergers, acquisitions, spin-offs, and other divestitures, and on structuring business and real estate joint ventures, restructurings, workouts, and reorganizations.

Alongside that transactional work she handles international tax planning, renewable energy transactions, and Qualified Opportunity Zone investments, and she represents clients in tax controversy matters — the footing from which she addresses information return penalties, reasonable cause, and correction sequencing in this program.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs