I Gave My Waitress a ‘Libertarian Tip’: Taxation Is Theft!

Have you seen the viral "libertarian tip"? Someone in Missouri left a cash tip with a note explaining it was actually a personal gift and so not subject to state and federal income taxes, and wrote "taxation is theft" in the tip line on the check.

Who knows if the note is authentic? "Taxation is theft," an old libertarian bromide, has in the last year or so become a fairly popular internet meme. By some accounts, the meme wars were an important aspect of the 2016 election and its outcome—and you can expect the trend of political memes to grow. Maybe the "libertarian tip" was staged by someone who wants to promote libertarianism or encourage others to leave libertarian tips, or even just someone who wanted to play with the "taxation is theft" meme.

Nevertheless, I went out to lunch today to replicate the meme so I could give you an authentic photo of an authentic non-tip left as an untaxable personal gift. Here it is:

Some tips for you: the original photo looked like a note, not an envelope. I thought putting the money in an envelope would more clearly separate it from a tip. A note is better to show off how much you've tipped—I put the money in the envelope after snapping the photo. You should probably make sure to have the change you need to give the tip you want. Asking for change from the wait staff might strengthen the case your untaxable non-tip is actually a taxable tip.

Afterward, I asked my waitress if my ploy would work. She seemed as if she wanted to tell me it would, even though she knew it didn't. She explained that the tips that bring her wage up to the state minimum (waiters and waitresses are generally exempt from minimum wage laws under the assumption tips get them to at least the minimum wage) get taxes like income, and that "40 to 50 percent" of tips beyond that get declared.

The intersection of libertarianism and wait staff is not new. During the 2012 election, then Rep. Ron Paul (R-Tex.), a Republican presidential candidate, became an "unlikely hero" (the New York Post's words) to wait staff for his efforts to pass the Tax Free Tips Act. In 2013, The New Yorker appeared to discover and bemoan that wait staff were hiding tips from the taxman. The horror.

Meanwhile, wait staff are also among workers most negatively impacted by higher minimum wages—they are often asked to do more work as restaurants look to mitigate the costs of a higher minimum wage in an already low-margin business. Just last month, Eric Boehm reported that San Diego had lost 4,000 restaurant jobs in the year-plus since they raised their minimum wage at an even faster pace than the state, which has so far only seen a slowdown in the growth of restaurant jobs.

And while we're so directly on the "taxation is theft" topic, here's one of my favorite chyrons ever on FreedomWatch with Judge Napolitano, a show I produced for. Thanks go to Media Matters for preserving the screen cap: