Where the new tax law leaves gaps: Illinois, other states and the IRS
A federal deduction does not always reach your state return, and the IRS has not finished every rule. Here is Illinois first, a few other states, what is still pending and how we talk about it.
Prepared by Prem Tax and Accounting Corp. Last reviewed November 6, 2026. Figures as of November 6, 2026.
Federal and state tax law are two different books, and the IRS is still writing parts of the federal one. The Settled-Waiting-Watching Trio is how we explain where each rule of the 2025 tax act known as the One Big Beautiful Bill Act, Public Law 119-21, stands. Our state taxes page covers the basics.
- Illinois starts from federal adjusted gross income (AGI). The senior, tips, overtime and car-loan deductions come after AGI, so none lowers Illinois income.
- Tips and overtime stay taxed in Illinois at 4.95%. House Bill 4877 would change that, but it is not law.
- Some states wrote their own versions, with different caps and years.
- Several IRS rules are still interim, proposed or FAQ-only.
Illinois first
- Illinois follows the federal Code each year unless its statute adds or subtracts something.
- House Bill 4877 would create Illinois subtractions for tips and overtime. It has sat in the House Rules Committee since March 27, 2026.
- Illinois has added back federal bonus depreciation since 2001 and adds back the new production-property allowance from 2026.
- We found no Illinois addback for section 179 or domestic research costs in the statute, and the Illinois Department of Revenue has not named either.
A few other states (November 6, 2026)
| State | Starts from | The four deductions |
|---|---|---|
| Illinois | Federal AGI | None; tips and overtime taxed |
| New York | Federal AGI | Own tips subtraction up to $25,000 from 2026 (Chapter 59 of 2026, Part B) |
| Michigan | Federal AGI | Own tips and overtime deduction, 2026 to 2028 |
| Indiana | Federal AGI | Own tips, overtime and car-loan deductions, 2026 only |
A state that starts from federal taxable income, not AGI, can pick the deductions up automatically. Other states differ again, so check yours.
What the IRS has not finished
- Final rules exist for tips, payment-app backup withholding and car-loan interest (effective November 9, 2026).
- Bonus depreciation and production property have interim notices only. Overtime has a notice for 2025 and FAQs, but no regulations.
- Rules for the $2,000 Form 1099-NEC and 1099-MISC threshold and the 1% remittance tax are still proposed.
- The state and local tax (SALT) cap and pass-through entity taxes are not on the 2026-2027 guidance plan. The plan has 121 projects and no deadlines, and it can change.
The Settled-Waiting-Watching Trio
| Label | Meaning | What we do |
|---|---|---|
| Settled | Written in the law or in final rules | Plan on it |
| Waiting | Interim notices, proposed rules, FAQs | Follow the law's text, keep records, say what would change the answer |
| Watching | Bills and state proposals | Tell you they exist; we do not predict |
An invented example
A single Illinois resident has 2026 federal AGI of $52,000, including $10,000 of qualified tips. Illinois starts from $52,000. After the $2,925 exemption, net income is $49,075 and tax at 4.95% is $2,429.21. If a tips subtraction like HB 4877 ever became law, tax would be $1,934.21, or $495 less. It is not law today.
Common questions
Why did my state not follow the federal deduction?
Many states start from AGI, and these four deductions come after AGI. A state must write its own version, and several did.
Can I rely on an IRS FAQ?
An FAQ is not law, and the law controls if they differ. Reasonable, good-faith reliance can protect against penalties that have a reasonable-cause test. See [how to read cases and rulings](/current-topics/cases/how-to-read-tax-cases/).
Could the IRS change a rule later?
Yes. Regulations issued within 18 months of the law, about January 4, 2027, can reach back to earlier periods. See [how we track changes](/current-topics/obbba/tracking-tax-changes/).
Official sources
- Illinois Department of Revenue: 2025 Schedule M instructions
- Illinois General Assembly: 35 ILCS 5/203, base income
- Illinois General Assembly: House Bill 4877 status
- New York Senate: S.9009-C, Chapter 59 of 2026
- Michigan Treasury: tips and overtime deductions
- Indiana Department of Revenue: Information Bulletin 128
- IRS: Priority Guidance Plan
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