Trump wants to exclude tipped earnings from “pornographic activity”. How would you define it & does the medium matter?

President Trump’s promise for “no tax on tips” has raised important practical questions for the Internal Revenue Service. What is the exact definition of a tip? Who typically receives them? Are photos of bare feet a type of pornography?

Maybe we should back up.

A sweeping tax cut that Republicans passed this summer created a new deduction for tips. While the tax break does not exempt tips from taxes entirely, it’s still an incentive for people to earn more of them. To avoid any economywide shift of earnings into tips, the I. R. S. and Treasury have had to impose some limits. Only people who work jobs that have “customarily and regularly” received tips can claim the deduction.

On the list of nearly 70 eligible occupations, detailed in a proposed regulation in September, were “digital content creators,” “entertainers and performers” and “dancers,” categories that, at first blush, seemed as if they could be a boon for America’s sex workers. But the Trump administration also added that tips for prostitution or “pornographic activity” would not be entitled to the new tax break.

The exclusion came as a disappointment to people who post sexually explicit, or even just sensual, content on platforms like OnlyFans where users can leave tips. Performers in the adult entertainment industry already face difficulties accessing basic financial services. And the I. R. S. rule seemed like another example of America’s hostile public attitude toward a type of work that, at least privately, is widely consumed. In 2024, there were more than 4.6 million creator accounts on OnlyFans, and more than 377 million fan accounts, according to public disclosures by the site’s parent company, though it is unclear how many of those accounts are based in the United States.

Trump wants to exclude tipped earnings from “pornographic activity”. How would you define it & does the medium matter?
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