Does Massachusetts Tax Tips in 2026? The Draft TIR Answer
The federal OBBBA tips deduction lets qualifying workers shelter up to $25,000 of tip income from federal income tax. For workers in Massachusetts, that federal benefit is real. But on the state return, every dollar of tip income remains subject to the 5% flat income tax, and potentially the 4% millionaire surtax on top. A draft Technical Information Release (TIR) from October 2025 confirmed what many tax professionals already expected:Massachusetts will not recognize the OBBBA deductions.
Massachusetts IRC conformity: January 1, 2024
Massachusetts ties its income tax to the Internal Revenue Code as of a specific date: January 1, 2024. This is called a fixed-date conformity approach. Any federal tax law enacted after that date is outside the conformity window unless the Massachusetts Legislature passes a bill to update the date.
The OBBBA was enacted in July 2025. Because July 2025 falls after the January 1, 2024 conformity date, none of the OBBBA provisions automatically apply to Massachusetts state income tax. This includes the tips deduction (IRC Section 224), the overtime deduction (IRC Section 225), and the senior bonus deduction.
Fixed-date conformity is a deliberate policy choice. It gives the state legislature time to evaluate federal tax changes before deciding whether to adopt them. The downside is that workers and tax preparers must navigate a period where federal and state rules diverge.
What the draft TIR says
In October 2025, the Massachusetts Department of Revenue circulated a draft TIR addressing the OBBBA. The draft confirmed that because the IRC conformity date predates the OBBBA, the tips, overtime, and senior bonus deductions do not apply for Massachusetts purposes. The MA Comptroller separately issued guidance confirming that "No-Tax Overtime" under the OBBBA does not apply to MA state withholding, and the same logic extends to tip income.
A final TIR has not yet been published as of 2026. However, the draft TIR and the Comptroller guidance together establish the practical rule: tipped workers who claim the federal deduction on Schedule 1-A must still report the full amount of tips as income on their Massachusetts return. The federal deduction does not reduce Massachusetts gross income.
Worked example: MA hairstylist with $15,000 in tips
Scenario: A single filer in Massachusetts earns $35,000 in base wages and $15,000 in qualified tips as a hairstylist during 2026. Total income: $50,000.
Federal return:
Gross income: $50,000
Standard deduction: -$16,100
Tips deduction (Schedule 1-A): -$15,000
Federal taxable income: $18,900
Federal tax savings from tips deduction: approximately $1,800
Massachusetts return:
MA gross income: $50,000
Personal exemption: -$4,400
MA taxable income: $45,600
Tips deduction: $0 (not recognized by MA)
MA tax at 5%: approximately $2,280
The hairstylist saves $1,800 on the federal return but owes the full $2,280 to Massachusetts. Of that state bill, approximately $750 is attributable to the $15,000 in tips that the federal return sheltered.
The 4% millionaire surtax complication
Since 2023, Massachusetts has imposed a 4% surtax on taxable income above $1,107,750. This threshold is indexed for inflation annually. The surtax brings the total MA rate to 9% on income above the threshold.
While most tipped workers will not reach this threshold on tips alone, a high-earning tipped employee with substantial base wages, investment income, or a working spouse on a joint return could cross the line. Because the OBBBA tips deduction does not reduce Massachusetts income, every dollar of tips counts toward the surtax threshold. In states that conform to the OBBBA (like Colorado or Iowa), those tip dollars would be removed before the state tax calculation, potentially keeping the filer below their state's highest bracket.
What MA workers should know
Despite the state-level gap, the federal tips deduction still delivers meaningful savings for Massachusetts workers. Here is what to keep in mind:
- File the federal deduction. The 5% MA rate does not change the fact that the federal deduction can save you hundreds or thousands on your IRS return. Do not skip Schedule 1-A.
- Expect a difference between federal and state income. Your MA Form 1 will show higher taxable income than your federal return. This is normal and expected under the non-conformity rules.
- Watch for a final TIR. The draft TIR from October 2025 has not been finalized. While the outcome is unlikely to change, the final TIR may include additional guidance on reporting mechanics.
- Monitor the legislature. MA lawmakers could update the conformity date or pass a standalone tips deduction bill. No such legislation has advanced as of 2026.
For a full breakdown of which states do and do not honor OBBBA deductions, see our state tips and overtime taxes map.