ND
Does North Dakota tax tips and overtime?
The federal deduction and the North Dakota deduction are separate questions. Here is where North Dakota actually lands, and why.
How North Dakota builds its tax base
North Dakota starts from your federal taxable income, a figure these deductions have already reduced. That means they flow through automatically, with no state legislation required — unless the state deliberately decouples.
Tips in North Dakota
DeductiblePure automatic conformity with no legislation at all: the Office of State Tax Commissioner's 2025 individual income tax instructions state that "The starting point for computing North Dakota taxable income perpetually conforms to the computation of federal taxable income. As a result, the federal changes to income and deductions that impact the computation of federal taxable income are by default included in the starting point for computing North Dakota taxable income for all years," and the booklet expressly lists "Tip income and overtime pay exclusions" among the OBBBA changes that flow through; Form ND-1/ND-EZ line 1b is federal taxable income taken from federal Form 1040 line 15, which is computed after the new Schedule 1-A deductions.
Source: North Dakota Office of State Tax Commissioner, 2025 Individual Income Tax Instructions (Form ND-1/ND-EZ), "Federal Taxable Income — One Big Beautiful Bill Act (OBBBA)" · last reviewed
Overtime in North Dakota
DeductibleSame automatic mechanism and the same instruction booklet passage, which names the overtime pay exclusion alongside the tip exclusion; North Dakota has passed no decoupling legislation (contrast Colorado, which starts from the same base but affirmatively decoupled from the overtime deduction), and the Tax Commissioner's office projects roughly $13 million of state income tax savings from overtime and $1 million from tips.
Source: North Dakota Office of State Tax Commissioner, 2025 Individual Income Tax Instructions — "Tip income and overtime pay exclusions" listed as flowing through the federal taxable income starting point · 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.