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Massachusetts · what’s new for 2026
What’s new in Massachusetts for 2026: the surtax line moves, the federal deductions don’t cross over
What changed on the Massachusetts return between 2025 and 2026, what the state did with the 2025 federal tax law (almost nothing, on purpose), what the legislature passed in June, what the Supreme Judicial Court took off the ballot, and what voters decided on November 3. For anyone who files Form 1 and wants to know whether last year’s rules still hold.

By Charles Trautman, EA, editor
Need to Know Tax · written from Massachusetts Department of Revenue sources, November 3, 2026; updated November 12, 2026 after the election · not yet reviewed by a Massachusetts practitioner
The bottom line
- The rate is 5% for 2026 and 2027. Short-term gains are 8.5% and collectibles 12%.
- The 4% surtax starts at $1,107,750 of taxable income for 2026, the same for every filing status (2026 Form 1-ES).
- Massachusetts does not allow the federal deductions for tips, overtime, seniors or car-loan interest (TIR 26-4).
- Exemptions are $4,400 single, $6,800 head of household and $8,800 joint, plus $1,000 per dependent. The age-65 exemption is $700 on the Department’s pages but $1,700 on the September 25 draft Form 1; check line 2c of the final form.
- Employer-paid parking and transit are excluded up to $335 a month each (TIR 25-9).
- The 2026 Senior Circuit Breaker figures are not published yet. For 2025 the maximum credit was $2,820.
- Form 1 is due Thursday, April 15, 2027. The extension to October 15 is automatic only if 80% of the tax is paid by April 15.
- Question 5 failed on November 3, so the Chapter 62F revenue cap and refund law stay as written.
The 2026 Massachusetts return will look almost exactly like the 2025 one. The rate is still 5%, short-term gains are still 8.5%, and the exemptions have not moved. Two things did change. The 4% surtax now starts at $1,107,750 of taxable income instead of $1,083,150, and the state formally refused, in a June 2026 law and a Department of Revenue release that followed it, to adopt the 2025 federal deductions for tips, overtime, seniors and car-loan interest. Those four deductions never had a place on Form 1 anyway, because Massachusetts does not start from federal taxable income. A server who owes no federal income tax on $14,000 of tips still owes Massachusetts $700 on them. The headline tax cut of the year, a ballot question to drop the rate from 5% to 4%, was struck from the ballot on June 18, 2026, so it is not happening for 2026 or 2027.
The rest of this article is the list, in the order it matters to a household: the surtax threshold, the federal conformity decisions, the June legislation, the health-insurance penalty, the form changes, the ballot, and the figures the Department has not yet published.
The surtax threshold: $1,107,750
The 4% surtax on taxable income over roughly a million dollars is indexed each year, and the Department of Revenue posted the 2026 line on December 30, 2025: $1,107,750, up from $1,083,150 for 2025. It is the only indexed figure on the Massachusetts return. The same line applies to every filing status, so a married couple filing jointly does not get twice the room; two earners who would each be well under the line alone can cross it together. Everyone subject to the surtax must file and pay electronically, a rule the 2026 Form 1-ES instructions repeat.
Worked example: a two-earner couple and the higher threshold
A couple with $1,200,000 of Massachusetts taxable income in both years, all of it wages and 5% income. Neither spouse earns over $650,000. Here is what the indexing is worth to them.
| 2025 return | 2026 return | |
|---|---|---|
| Taxable income | $1,200,000 | $1,200,000 |
| Surtax threshold | $1,083,150 | $1,107,750 |
| Income subject to the 4% surtax | $116,850 | $92,250 |
| 5% tax on all taxable income | $60,000 | $60,000 |
| 4% surtax | $4,674 | $3,690 |
| Massachusetts tax | $64,674 | $63,690 |
The $24,600 rise in the threshold saves this couple $984. Splitting the income is not the answer: a couple that files a joint federal return generally must file jointly in Massachusetts as well, a rule added for tax years from 2024 to stop exactly this move. See How Massachusetts income tax works.
The 2025 federal law: what Massachusetts kept out
The federal tax law signed in July 2025 (Public Law 119-21) created four new deductions for individuals and changed a long list of business rules. Massachusetts answered in two documents. The June 2026 supplemental budget (House Bill 5470, St. 2026, c. 101, signed June 12, 2026) set the timetable for the business items, and Technical Information Release 26-4, dated June 23, 2026, published the item-by-item chart. The Department’s page on differences between Massachusetts and federal law, updated October 22, 2026, says the same thing in plain words.
| Federal change | Massachusetts | What it means on Form 1 |
|---|---|---|
| Deduction for qualified tips | No | Tips are wages, taxed at 5% |
| Deduction for overtime premium pay | No | Overtime is wages, taxed at 5% |
| $6,000 senior deduction, age 65+ | No | The state’s age break is the $700 exemption |
| Car-loan interest deduction | No | Nothing to deduct |
| SALT cap raised to $40,400 | No | Irrelevant; Massachusetts has no itemized deductions to cap |
| Charitable deduction for non-itemizers | No | Massachusetts has had its own charitable deduction on Schedule Y since 2023, itemizer or not |
| Trump accounts | No | Treatment of earnings and employer contributions still to be spelled out |
| Dependent care assistance exclusion raised to $7,500 | No | The old $5,000 exclusion stands for Massachusetts wages |
| Employer student-loan payment exclusion made permanent | No | Massachusetts has its own exclusion, Schedule Y line 18b |
| 100% bonus depreciation, section 168(k) | No, as since 2002 | Added back on Schedule C or E; recovered as regular depreciation |
| Section 179 expensing limit raised | Yes, from tax year 2027 | 2026 uses the pre-2025 limit |
| Section 168(n) qualified production property | Yes, from tax year 2027 | Not for 2026 |
| Section 174A domestic research expensing | In part, from 2026 | No retroactive 2022–2024 catch-up |
| Section 163(j) business interest limit | Yes, from tax year 2027 | Old method through 2026 |
| Qualified opportunity zones renewed | No | From 2026 a new zone must be in Massachusetts |
| Section 1202 small business stock expanded | No | Massachusetts follows the January 1, 2024 rules |
| 529 plans: K-12 and credentialing expenses | Yes | Tax-free withdrawals match federal |
| ABLE accounts: higher contributions, 529-to-ABLE rollovers | Yes | Matches federal |
| Wagering-loss limit | Yes | Massachusetts already limited gambling losses to in-state casinos and tracks |
| Higher 1099 reporting thresholds | Yes | Affects what gets reported, not what is taxed |
TIR 26-4 is the document to cite for any “does Massachusetts follow this” question. The senior deduction does not appear in the TIR chart because it is a below-the-line federal deduction with no possible entry point on Form 1; the Department’s federal-differences page states the result directly.
Why does none of this require an add-back? Because Form 1 never saw the deductions. Massachusetts builds gross income from the Internal Revenue Code as it stood on January 1, 2024, sorts it into its own classes, and allows its own short list of deductions and exemptions. Federal AGI and federal taxable income are not lines on the return. A deduction that lives on Schedule 1-A of the federal 1040 simply has nowhere to go. The practical result is that a tipped or overtime-heavy worker’s Massachusetts tax for 2026 is the same as it would have been under the old federal law, and the withholding on the W-2 at 5% was right all along.
Worked example: a server with tips and overtime
A restaurant server earns $52,000 in 2026: $34,100 in regular hourly wages, $14,000 in reported tips and $3,900 of time-and-a-half overtime pay, of which $1,300 is the premium third that the federal deduction covers. Single, no dependents, rents an apartment for $1,800 a month.
| Federal | Massachusetts | |
|---|---|---|
| Wages including tips and overtime | $52,000 | $52,000 |
| Tips deduction | −$14,000 | $0 |
| Overtime premium deduction | −$1,300 | $0 |
| Standard deduction / Massachusetts deductions (FICA $2,000, rent $4,000) | −$16,100 | −$6,000 |
| Personal exemption | n/a | −$4,400 |
| Taxable income | $20,600 | $41,600 |
| Tax on the tips and overtime premium alone, at 5% | $0 | $765 |
The $15,300 the federal return removes stays in Massachusetts income and costs $765 at 5%. Nothing on Form 1 asks about it; the W-2 Box 16 state wages already include it. What Massachusetts does give this server is $6,000 of deductions the federal return does not: up to $2,000 of FICA and Medicare withheld, and half of rent up to $4,000. See Tips, overtime and the senior deduction for the federal side.
The June 2026 law: a brake on future federal changes
House Bill 5470 did one thing that will matter for years. Starting with tax years beginning on or after January 1, 2026, Massachusetts will no longer automatically pick up a federal Code amendment that applies to the calendar year in which Congress enacts it, or to earlier years, unless the Commissioner estimates its revenue effect at under $20 million. The 2025 federal law was retroactive to January 1, 2025 for many items, and the state found itself conforming to things it had never voted on. The brake prevents a repeat. For most households the brake is invisible; its effect is that a mid-year federal change will now usually wait a year in Massachusetts.
The same law set the business dates in the table above (section 179, 168(n) and 163(j) from 2027; 174A from 2026 without the catch-up), limited new opportunity zones to Massachusetts, and created a chapter 63E election letting a pass-through entity pay the 4% surtax at the entity level with a refundable credit to its members, starting with 2026. That election is the Massachusetts answer to the federal SALT cap for owners of S corporations and partnerships, and it is the one June item worth a conversation with a preparer before year-end. The Department has posted an alert saying it updated its filing guidance to match; it also said most taxpayers will not be affected, which is true.
The health-insurance penalty for 2026
Massachusetts has had its own individual mandate since 2007, and every resident filer attaches Schedule HC. TIR 26-1 (March 23, 2026) set the 2026 penalties for adults without minimum creditable coverage: nothing up to 150% of the federal poverty level, then $26 a month (150.1–200%), $51 (200.1–250%), $76 (250.1–300%), $117 (300.1–400%) and $211 a month above 400%, or $2,532 for a full year uninsured. For a single person, 400% of the poverty standard used for 2026 is $62,600; for a couple, $84,600. A married couple’s penalty is the sum of each spouse’s. A missing Schedule HC is the most common reason a Massachusetts refund stalls.
The forms
The draft 2026 Form 1, posted September 25, 2026, adds a checkbox for “Reporting digital assets,” mirroring the federal question. Lines 12 and 13, the old child-care and dependent-member deductions, remain “Reserved for future use”; they were replaced by the Child and Family Tax Credit in 2023 and are not coming back. The draft prints $1,700 on line 2c for the age-65 exemption, while the Department’s exemptions page (updated October 30, 2026) and the 2025 instructions both say $700. Until the final form and instructions are out, this publication uses $700 and flags it (verify); a reader who is 65 should check line 2c of the final form in January. The 2026 Form 1 instructions had not been posted as of this writing.
Still to come from the Department
- The 2026 Senior Circuit Breaker maximum credit, income limits and assessed-value cap. The 2025 figures are $2,820; $75,000 single, $94,000 head of household, $112,000 joint; and $1,298,000. The Department issues the new ones by release late in the year, and the draft 2026 Schedule CB still carries the 2025 numbers. See Massachusetts for retirees.
- The 2026 Form 1 instructions, which will settle the $700 question and print the No Tax Status and Limited Income Credit lines.
- Confirmation of the April 15, 2027 due date. Patriots’ Day falls on Monday, April 19 in 2027, so there is no reason to expect a shift.
Election day: one question struck, one defeated
The initiative to cut the income tax rate from 5% to 4% was removed from the November 3, 2026 ballot by the Supreme Judicial Court on June 18, 2026. The court held that the Attorney General’s summary was misleading because it told voters the long-term capital gains rate would stay the same when the measure would have cut it. The rate is 5% for 2026, and absent a new petition it is 5% for 2027.
Question 5, which voters rejected on November 3, 2026 by about 52% to 48%, would have rewritten the Chapter 62F revenue cap. Today the cap is last year’s cap plus three-year average wage growth; the question would base it on last year’s actual net revenue plus the same wage growth, and would count the 4% surtax toward the cap. Both changes make it more likely that the state collects more than the cap allows, which triggers refunds to taxpayers like the ones issued in 2022, when filers got back about 14% of their 2021 tax. With its defeat the existing cap stays as it is, and no rate, exemption or credit changes. The Legislature can still amend Chapter 62F on its own, and a Senate proposal to do so was pending in the fall of 2026. Question 6, which passed, dedicates part of the existing sales tax on sporting goods to a conservation fund and changes no rate. The other questions are not tax measures.
Behind the scenes: why Massachusetts can ignore a federal tax cut
Massachusetts has defined its own gross income since the income tax began in 1916, and since 2005 it has tied that definition to the Internal Revenue Code as of a fixed date rather than to the Code as it changes. The date was January 1, 2005 until tax year 2022, which is why so many old differences survive: no deduction for traditional IRA contributions, no bonus depreciation, pre-2019 alimony rules. The date moved to January 1, 2024 for tax years beginning in 2024. A list of named sections, retirement plans, 529s, ABLE accounts and the home-sale exclusion among them, follows the current Code regardless of the date.
The result is that a federal change reaches Massachusetts only when the legislature moves the date or names the section. The 2025 federal law was retroactive in places and arrived mid-year, and the legislature’s answer in June 2026 was not to adopt or reject it wholesale but to pick dates item by item and, for the future, to stop automatic conformity in the year of enactment. For a household, the useful translation is this: when Congress changes a deduction, assume Massachusetts has not, until the Department says so.
What to bring
- Last year’s Form 1, so the 2025 and 2026 figures can be set side by side
- W-2s with Box 16 state wages, which already include tips and overtime
- Health insurance card numbers for Schedule HC, or Form MA 1099-HC from the insurer
- For anyone near $1.1 million of taxable income: year-to-date pay stubs and any K-1s, to see whether the surtax or the new entity-level election applies
- For a business, farm or rental: the federal depreciation schedule, so the bonus depreciation add-back can be figured
- Statements for any digital asset sales, for the new checkbox and Schedule D
Questions people ask
Did the Massachusetts income tax rate change for 2026?
No. It is 5% on wages, interest, dividends, long-term gains and most other income, 8.5% on short-term capital gains and 12% on collectibles, with a 4% surtax on taxable income above $1,107,750. The ballot question that would have cut the rate to 4% was struck from the ballot in June 2026.
Does Massachusetts follow the federal “no tax on tips” and “no tax on overtime” rules?
No. TIR 26-4 lists both as “No,” and the Department’s federal-differences page says tips and overtime must be reported in Massachusetts. They are taxed at 5% like any other wages, and nothing needs to be added back because Form 1 never deducted them.
I am 66. Do I get the $6,000 senior deduction on my Massachusetts return?
No. Massachusetts does not allow it. The state’s age break is the age-65 exemption on line 2c, $700 per person according to the Department’s current pages, plus the refundable Senior Circuit Breaker Credit for homeowners and renters whose housing costs are high relative to income.
What is the 4% surtax threshold for 2026?
$1,107,750 of taxable income, the same for every filing status. It was $1,083,150 for 2025. Anyone subject to the surtax must e-file and pay electronically.
Does the higher federal SALT cap help me in Massachusetts?
Not on the Massachusetts return. Massachusetts has no itemized deductions, so there is no deduction for property tax or state income tax to cap. The federal cap matters on the federal return only. Owners of pass-through businesses have the entity-level election described above.
If Question 5 passes, do I get a refund?
Not for 2026. It takes effect July 1, 2027 and changes how the state’s revenue cap is figured. Refunds would come only in a year when collections exceed the cap, and the first year it could apply is fiscal 2028. It changes nothing on the 2026 return.
Same return, higher surtax line, and the federal deductions stay on the federal side
File 2026 the way you filed 2025, check line 2c on the final form if you are 65, and watch for the Circuit Breaker figures in January.
Written by Charles Trautman, EA, editor · Need to Know Tax, Lone Tree, Colorado
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Forms and official pages named in this article
- Draft 2026 Form 1, Massachusetts Resident Income Tax Return (September 25, 2026)
- Draft 2026 personal income tax forms and schedules
- 2026 Form 1-ES, estimated tax vouchers and worksheet (surtax threshold and e-file rule)
- TIR 26-4, Massachusetts conformity to the 2025 federal law
- TIR 26-1, individual mandate penalties for 2026 (Schedule HC)
Sources and where to check
- DOR: Massachusetts tax rates (updated December 30, 2025)
- DOR: Differences between Massachusetts and federal tax law for personal income (updated October 22, 2026)
- DOR: TIR 26-4 (June 23, 2026)
- DOR: TIR 26-1 (March 23, 2026)
- DOR alert: new guidance on taxes affected by the June supplemental budget
- DOR: Massachusetts personal income tax exemptions (updated October 30, 2026)
- DOR: Senior Circuit Breaker Tax Credit (2025 figures)
- Secretary of the Commonwealth: 2026 ballot questions
- Ballotpedia: Question 5, state tax revenue limit (secondary)
- WBUR: SJC strikes income tax rate petition from the ballot, June 18, 2026 (secondary)