NY
Does New York tax tips and overtime?
The federal deduction and the New York deduction are separate questions. Here is where New York actually lands, and why.
How New York builds its tax base
New York starts from your federal adjusted gross income. Both deductions are below-the-line — they reduce federal taxable income but leave AGI untouched — so neither reaches this state's return automatically. Anything you get here had to be legislated separately.
Tips in New York
PartlyNo benefit for TY2025 (NY starts at federal AGI, and IRC §224 is below-the-line so it never touches New York AGI), but Part B of the FY2027 budget bill S.9009-C/A.9009-C, signed 28 May 2026 as Chapter 59 of the Laws of 2026, added Tax Law §612(c)(48) — a New York subtraction modification of up to $25,000 "TO THE EXTENT ALLOWED AS A FEDERAL DEDUCTION PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR OF THE INTERNAL REVENUE CODE" for taxable years beginning on or after 1 January 2026.
Source: NY S.9009-C (FY2027 Budget, Revenue Article VII), Ch. 59 L. 2026, Part B — new Tax Law §612(c)(48) · last reviewed
Overtime in New York
Still taxedNew York enacted no counterpart to the tips subtraction for IRC §225, so overtime premium pay remains fully taxable in New York: Tax Law §612(a) starts from federal AGI, and the 2025 Form IT-201 instructions confirm "Your New York adjusted gross income is your federal adjusted gross income after certain New York additions and New York subtractions (modifications)" with no tips or overtime item anywhere in the modification list.
Source: NYS Department of Taxation and Finance, Instructions for Form IT-201 (2025), Step 4 — New York additions and subtractions · last reviewed
Whatever your state does, your payroll taxes do not change
Both deductions reduce income tax only. Social Security and Medicare are still charged on the same wages, in every state.