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States Refusing to Implement No Tax on Tips Law What It Means for Workers and Restaurant Owners

Dec 31, 2025

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The fight over taxing tips has taken a sharp turn in several states. While many have moved to ease the burden on tipped workers by adopting laws that exempt tips from state income tax, some states refuse to follow suit. This decision has serious consequences for the workers who rely on tips as a major part of their income and the restaurant owners who depend on a motivated, fairly compensated staff. This article explores which states are holding back on this change, the financial impact on state revenues, the potential losses for tipped employees, and what restaurant owners can do to support their teams despite these challenges.



Eye-level view of a restaurant server holding a tray with drinks in a busy dining room
Restaurant server carrying drinks in a busy dining room


States That Have Not Adopted No Tax on Tips Laws


Several states continue to tax tips as regular income, despite growing pressure to change. These states include:


  • California

  • New York

  • Illinois

  • Massachusetts

  • Connecticut


These states maintain the status quo, requiring tipped employees to report and pay state income tax on their tips. This contrasts with states like Texas, Florida, and Nevada, which have enacted laws exempting tips from state income tax, recognizing the financial strain this tax places on workers.


How Much Revenue Do States Collect from Taxing Tips?


Taxing tips generates significant revenue for state governments. For example:


  • California collects an estimated $150 million annually from tip taxes.

  • New York brings in over $120 million each year.

  • Illinois reports around $80 million from tip taxation.


These figures reflect the large number of tipped workers and the substantial tip income they report. States argue this revenue supports public services, but the question remains: at what cost to the workers?


The Impact on Tipped Workers


Tipped employees often earn below minimum wage in base pay, relying heavily on tips to reach a livable income. Taxing tips means these workers pay taxes on income they may never actually receive or that is already stretched thin.


Potential Loss Per Employee


  • In California, tipped workers can lose up to $2,500 annually due to tip taxation.

  • In New York, the average loss is about $2,200 per tipped employee.

  • In Illinois, tipped workers face losses near $1,500 each year.


These losses reduce take-home pay, making it harder for workers to cover essentials like rent, food, and healthcare. For many, this tax burden pushes them closer to financial instability.


How This Affects Restaurant Owners


Restaurant owners in these states face indirect consequences:


  • Higher turnover rates as tipped workers seek better pay elsewhere.

  • Lower employee morale due to financial stress.

  • Difficulty recruiting skilled staff in a competitive labor market.


Owners want to support their employees but are limited by state tax laws. Some have taken creative steps to help.


What Restaurant Owners Can Do to Support Employees


Even without changes in state law, restaurant owners can take action:


  • Increase base wages to offset tax losses on tips.

  • Offer tax assistance programs or financial planning resources.

  • Provide bonuses or incentives to supplement income.

  • Advocate for legislative change by joining industry groups and lobbying for no tax on tips laws.


These steps can help reduce the financial strain on tipped workers and improve staff retention.


Calling Out States That Hurt Their Workers


States that refuse to adopt no tax on tips laws are effectively taxing the hard-earned income of their service workers. This decision hurts the very people who keep the hospitality industry running. It is time for these states to reconsider their stance and put workers first.



Tipped workers deserve to keep what they earn without unnecessary tax burdens. Restaurant owners need a stable, motivated workforce to thrive. States that continue taxing tips are missing an opportunity to support both groups. Advocates and industry leaders must push for change to create a fairer system that benefits workers, businesses, and communities alike.


Dec 31, 2025

3 min read

0

47

0

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