A query about the '10% service charge'

DRDreamer72

Member
Nov 17, 2014
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Hi,  I understand a business in the DR has to share 10% of profit with employees, and also charge ITBIS for the taxman.

I am confused about the 10% service charge for restaurants.  How does this have to be distributed to staff and is it shared equally them all or can the proportions vary?
 

TropicalPaul

Bronze
Sep 3, 2013
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There are two separate 10%'s. The Propina Legal is a charge that all hotels and restaurants have to make (but not people who rent apartments with no service provided). The law says that this should be divided equally between the staff who provide service. It's normal that management get more, and staff who work in the background get less, but owners who don't physically work in the business - and particularly foreign owners - should not get any of this charge. The way the charge is divided between staff, and how much it is, is a huge concern to most staff in restaurants and hotels, and leads to a lot, and I stress a LOT, of arguments. Staff can complain to the Secretaria (the Ministry of Labor) if they are unhappy who then send inspectors. I know all about this because some of my lovely staff did this to me recently and it was quite nasty.

The second 10% is called Bonificacion, and you have to pay 10% of the profit that you declare to DGII to the staff. You have to calculate their 10% on profits before paying any bonuses to directors or owners. The profit that you declare to DGII will be based on the income that you declare (ie Income on which you charge ITBIS) less your declared costs (ie the costs that you return on the 606 each month), and if you're like most other businesses in Dom Rep, these numbers are not the same as what you actually made. And cue another argument, where your staff claim that they should get 10% of your profits, and the profits and not the same as the profits that you declare to DGII. So the advice I have been given is to pay more than the 10% declared.
 

JD Jones

Moderator:North Coast,Santo Domingo,SW Coast,Covid
Jan 7, 2016
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I always tip the same even if the bill has that service charge on it. I don’t trust my server will get what they deserve.  

Nothing like putting a tip in the server's hand. No doubts there. I've know plenty of people in the service industry who split tips given directly to them.
 

Dov1984

New member
Sep 18, 2016
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Nothing like putting a tip in the server's hand. No doubts there. I've know plenty of people in the service industry who split tips given directly to them.
I normally pay the bill when the tip is included then seek out the server with an extra tip. I am a partner in a restaurant group, I couldn't live with myself tipping someone only 10%, I know I am a little extreme as I routinely tip 30% or more both in the US and in the DR. But I know I am the oddity.

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Birdman

Active member
Jan 29, 2013
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FWIW I worked for First Data in Santiago - the biggest credit card co in the world. If someone went to a restaurant and paid the bill, the tip is entered separately. If there was no tip paid on the cc the owner could call us and we could look at the transaction and allow 15% - look up the exp date and give that to the owner. If you paid by cash you would have paid the tip twice I guess. East Asian restaurants would call with a large number of tip-less transactions so they claimed quite a bit extra. Just wonmder if that is moral as I know a lot of people think they are doing the wait staff a favor by tipping in cash.
 

mobrouser

Bronze
Jan 1, 2002
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FWIW I worked for First Data in Santiago - the biggest credit card co in the world. If someone went to a restaurant and paid the bill, the tip is entered separately. If there was no tip paid on the cc the owner could call us and we could look at the transaction and allow 15% - look up the exp date and give that to the owner. If you paid by cash you would have paid the tip twice I guess. East Asian restaurants would call with a large number of tip-less transactions so they claimed quite a bit extra. Just wonmder if that is moral as I know a lot of people think they are doing the wait staff a favor by tipping in cash.

Could you clarify this as what I am reading you saying is that restaurant calls First Data, First Data gives card info to the restaurant and restaurant charges tip to card after the fact?
 

Dov1984

New member
Sep 18, 2016
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I always tip in cash ….and I believe most wait staff would prefer this
This is true even in the USA restaurant industry for tax reasons. If it is cash the server goes home with it that night and rarely declares the exact amount of tips for the night to the Government. If it gets put a a credit card it gets subjected to taxes and they get it in their paycheck. That stinks for most, the restaurant group I am involved with we pay every 2 weeks. Most of our staff are young kids working paycheck to paycheck. While our group involves 14 separate restaurants plus an additional 8 pizzeria it is just easier for our payroll department to issue all employees checks every 2 weeks, plus there is a great deal of cost savings for us as a corporation.

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Birdman

Active member
Jan 29, 2013
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Could you clarify this as what I am reading you saying is that restaurant calls First Data, First Data gives card info to the restaurant and restaurant charges tip to card after the fact?
Yes. Also the cc company charges 2% on the tip so the wait staff are getting slightly less than you think.
 

mobrouser

Bronze
Jan 1, 2002
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You didn't get phone calls from VISA and MC reps who had to deal with irate restaurant patrons complaining about unauthorized extra charges being added to their cards?

You asked earlier if it was moral. Answer is no, it is fraud.

I always try to tip in cash, so that the server, stylist, attendant doesn't lose out on the merchant fees.