Does Your State Tax Tips & Overtime? 2026 Conformity Tracker
The federal OBBB tips and overtime deductions don't automatically flow through to your state return. Here's the verified status for every state + DC, updated monthly against named sources.
Does my state conform to the federal OBBB tips and overtime deductions?
It depends on your state. Of the 42 states that tax wages, 9 conform to the federal tips deduction, 8 do not, 1 partially conforms (Georgia), and 24 have not yet published a confirmed position. The remaining 9 states have no income tax on wages at all. Attribution: Tax Foundation, May 2026.
- 42 states + DC tax wages; 9 have no state income tax on wages.
- 9 states conform to the federal tips deduction, 8 do not, 1 partial, 24 unconfirmed.
- The federal OBBB deductions are below-the-line — they don't flow through to states that start from federal AGI.
- Colorado is the only state to conform tips but explicitly add back overtime.
- Federal deduction sunsets Dec 31, 2028; state add-back rules can change any legislative session.
Source:Tax Foundation & Thomson Reuters state-tax service (verified May–July 2026)
Tips-column snapshot · Source: Tax Foundation, May 2026 · Verified August 24, 2026
All 50 states + DC
Every row shows tips status, overtime status, and the last-verified note.
| State | Tips | Overtime | Note |
|---|---|---|---|
Alabama AL | Unconfirmed | Partial | Alabama has not adopted the federal deductions. For 2025, overtime pay earned January 1 – June 30, 2025 was exempt from Alabama income tax (Act 2024-437). For 2026 through 2028, Act 2026-604 lets filers deduct the lesser of their overtime premium (the 'half' of time-and-a-half) or $1,000, whether or not they itemize. Tips: no Alabama rule confirmed. Source: Alabama DOR — Overtime Premium Deduction (Act 2026-604); Overtime Pay Exemption Amended (Act 2024-437) Last checked 2026-09-30 |
Alaska AK | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
Arizona AZ | Conforms | Conforms | HB 4168, signed June 13, 2026, subtracts both qualified tips and qualified overtime compensation to the extent they are deducted federally, for taxable years beginning January 1, 2025. Two earlier conformity bills, SB 1106 and HB 2785, were vetoed. Source: Arizona Legislature — HB 4168 as enacted (signed June 13, 2026) Last checked 2026-09-26 |
Arkansas AR | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
California CA | Does not conform | Does not conform | California's income tax base does not follow the federal below-the-line deductions — tips and overtime remain taxable at the state level. Last checked 2026-08-24 |
Colorado CO | Conforms | Does not conform | Colorado conforms to the federal tips deduction, but passed legislation specifically requiring an add-back of the federal overtime deduction — preserving ~$119M/yr in state revenue. Source: Thomson Reuters state-tax service, May 2026 Last checked 2026-08-24 |
Connecticut CT | Does not conform | Does not conform | State income tax base does not adopt the federal OBBB tips or overtime deductions — both remain taxable at the state level. Last checked 2026-08-24 |
Delaware DE | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
District of Columbia DC | Unconfirmed | Unconfirmed | D.C.'s decoupling from the federal tips and overtime deductions was part of the temporary act Congress disapproved (Pub.L. 119-78, signed February 18, 2026). The District's 2026 treatment has not been published — check the D.C. Office of Tax and Revenue before filing. Last checked 2026-08-24 |
Florida FL | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
Georgia GA | Partial | Partial | Georgia did not adopt the federal tips and overtime deductions (HB 1199). Instead, HB 463 (signed May 11, 2026) lets Georgia filers subtract up to $1,750 of qualified overtime compensation (full-time hourly employees only) and up to $1,750 of cash tips (Treasury tipped occupations) for tax years 2026 through 2028. Nothing is subtractable on a 2025 Georgia return. Source: Georgia DOR — Important Tax Updates; HB 463 (2026) Last checked 2026-09-26 |
Hawaii HI | Does not conform | Does not conform | State income tax base does not adopt the federal OBBB tips or overtime deductions — both remain taxable at the state level. Last checked 2026-08-24 |
Idaho ID | Conforms | Conforms | Idaho conforms to the Internal Revenue Code as of a fixed date (Idaho Code §63-3004). House Bill 559, signed February 2026, moved that date to January 1, 2026 and applies to tax year 2025, so the federal tips and overtime deductions carry onto Idaho returns starting with 2025. Source: Idaho HB 559 (2026); Idaho State Tax Commission Last checked 2026-09-26 |
Illinois IL | Does not conform | Does not conform | Illinois requires an add-back of the federal OBBB tips and overtime deductions on the state return. Last checked 2026-08-24 |
Indiana IN | Conforms | Conforms | Passed legislation adopting the federal tips and overtime deductions starting tax year 2026. Source: Thomson Reuters state-tax service Last checked 2026-08-24 |
Iowa IA | Conforms | Conforms | State income tax starts from federal taxable income with rolling conformity, so the federal OBBB tips and overtime deductions flow through automatically. Source: Tax Foundation / Thomson Reuters, May 2026 Last checked 2026-08-24 |
Kansas KS | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Kentucky KY | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Louisiana LA | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Maine ME | Does not conform | Does not conform | State income tax base does not adopt the federal OBBB tips or overtime deductions — both remain taxable at the state level. Last checked 2026-08-24 |
Maryland MD | Unconfirmed | Unconfirmed | State legislature expected to address conformity in its 2026 session — check your state DOR. Last checked 2026-08-24 |
Massachusetts MA | Does not conform | Does not conform | State income tax base does not adopt the federal OBBB tips or overtime deductions — both remain taxable at the state level. Last checked 2026-08-24 |
Michigan MI | Conforms | Conforms | Passed legislation adopting the federal tips and overtime deductions starting tax year 2026. Source: Thomson Reuters state-tax service Last checked 2026-08-24 |
Minnesota MN | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Mississippi MS | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Missouri MO | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Montana MT | Conforms | Conforms | State income tax starts from federal taxable income with rolling conformity, so the federal OBBB tips and overtime deductions flow through automatically. Source: Tax Foundation / Thomson Reuters, May 2026 Last checked 2026-08-24 |
Nebraska NE | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Nevada NV | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
New Hampshire NH | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. (Interest & dividends tax fully repealed.) Last checked 2026-08-24 |
New Jersey NJ | Does not conform | Does not conform | State income tax base does not adopt the federal OBBB tips or overtime deductions — both remain taxable at the state level. Last checked 2026-08-24 |
New Mexico NM | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
New York NY | Does not conform | Does not conform | New York does not currently exclude the federal OBBB deductions. Gov. Hochul has proposed a state-level exemption for 2026 — not yet law. Last checked 2026-08-24 |
North Carolina NC | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
North Dakota ND | Conforms | Conforms | State income tax starts from federal taxable income with rolling conformity, so the federal OBBB tips and overtime deductions flow through automatically. Source: Tax Foundation / Thomson Reuters, May 2026 Last checked 2026-08-24 |
Ohio OH | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Oklahoma OK | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Oregon OR | Conforms | Conforms | State income tax starts from federal taxable income with rolling conformity, so the federal OBBB tips and overtime deductions flow through automatically. Source: Tax Foundation / Thomson Reuters, May 2026 Last checked 2026-08-24 |
Pennsylvania PA | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Rhode Island RI | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
South Carolina SC | Unconfirmed | Unconfirmed | State legislature expected to address conformity in its 2026 session — check your state DOR. Last checked 2026-08-24 |
South Dakota SD | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
Tennessee TN | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
Texas TX | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
Utah UT | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Vermont VT | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Virginia VA | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Washington WA | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. (Washington taxes certain long-term capital gains, but not wages or tips.) Last checked 2026-08-24 |
West Virginia WV | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Wisconsin WI | Unconfirmed | Unconfirmed | Conformity not yet confirmed for tax year 2025/2026 — check your state Department of Revenue. Last checked 2026-08-24 |
Wyoming WY | No income tax | No income tax | No state income tax on wages — the federal deduction is the whole story. Last checked 2026-08-24 |
Why your state might still tax your tips
The federal OBBB tips and overtime deductions are below-the-line. That means they reduce your federal taxable income, not your federal adjusted gross income (AGI).
This matters because most state income tax returns start with a number copied straight off your federal return — usually federal AGI. If your state starts from federal AGI, the federal deduction was subtracted after that number was set, so it never reaches your state return. Your state still taxes the tips and overtime.
A smaller group of states starts from federal taxable income (already reduced by the federal deduction) with rolling conformity to the current Internal Revenue Code. In those states, the OBBB deductions flow through automatically. Iowa, Montana, North Dakota, and Oregon are the classic examples.
Other states use static (fixed-date) conformity — they pin to the IRC as of a specific date. If that date is before OBBB, they don't pick up the deduction until the legislature passes a bill updating the conformity date, or a standalone tips/overtime bill. Indiana and Michigan chose that path for tax year 2026. Idaho updated its fixed conformity date with House Bill 559 in February 2026, retroactive to tax year 2025.
A state can also write its own, narrower break instead of adopting the federal one. Georgia did not adopt the federal deductions; its HB 463 lets filers subtract up to $1,750 of qualified overtime (full-time hourly employees only) and up to $1,750 of cash tips for tax years 2026 through 2028, and nothing for 2025. That is why Georgia shows as Partial.
Finally, a state can pass an add-back — a line on the state return that re-adds the federal deduction back to state taxable income. Illinois uses that mechanic for both deductions; Colorado uses it for overtime only.
Federal recap (link, don't duplicate)
- Tips deduction: up to $25,000 for qualifying occupations.
- Overtime deduction: up to $12,500 single / $25,000 MFJ (premium portion only).
- MAGI phase-out: $150,000 single / $300,000 MFJ.
- Effective tax years 2025–2028 (sunsets Dec 31, 2028).
Honest-uncertainty note
Statuses marked Unconfirmed are exactly that — we only publish what we've verified against a named source (state DOR bulletin, Tax Foundation, or Thomson Reuters state-tax service). If your state is unconfirmed here, check your state Department of Revenue or a preparer before filing. State conformity can change with a single bill.
Frequently asked questions
Does California tax tips in 2026?
Yes. California does not conform to the federal OBBB tips deduction. The federal deduction reduces your federal taxable income, but California's income tax base does not follow the federal below-the-line deductions, so tip income remains fully taxable at the state level. Governor Newsom has not signed a state-level exemption.
Why doesn't the federal deduction apply to my state?
Because the OBBB tips and overtime deductions are below-the-line — they reduce federal taxable income, not federal AGI. Most states start their income tax calculation from federal AGI, which means the federal deduction never reaches the state return. Only states that start from federal taxable income (with rolling conformity) inherit it automatically; every other state has to pass its own law.
When does the federal tips and overtime deduction expire?
The federal OBBB deductions are in effect for tax years 2025 through 2028 and expire on December 31, 2028 unless Congress extends them.
What is a state add-back?
An add-back is a line on your state return that requires you to re-add a federal deduction back to your state taxable income. Illinois and Colorado (overtime only) use add-backs to specifically neutralize the federal OBBB deductions at the state level.
Related tips & overtime resources
Tips deduction guide
Rules, caps, and math for the federal $25,000 tips deduction.
Overtime deduction guide
Premium-portion math and $12,500 / $25,000 caps.
Which occupations qualify?
The Treasury occupation list for OBBB tips.
Where is overtime on my W-2?
Finding the premium-portion figure at year-end.
Tips deduction calculator
Estimate the federal deduction at your MAGI.
Overtime deduction calculator
Run your OT hours through the premium-portion math.
Sources
Primary references used for this content
One Big Beautiful Bill Act (OBBBA)
Federal tips and overtime deductions (tax years 2025–2028).
View on congress.gov
IRS guidance on OBBB Tips & Overtime deductions
Federal-side reporting rules; state conformity is separate.
View on irs.gov
State conformity to OBBB deductions
May 2026 tracker used to verify state-level statuses.
View on taxfoundation.org
✓3 primary sources; links re-checked on a weekly rotation by the source watcher
Disclaimer: This calculator provides estimates for educational purposes only. Not tax, legal, or financial advice. Results may vary based on your specific circumstances. Consult a qualified CPA or tax professional for personalized guidance.