Maine · what’s new
What’s new in Maine for 2026: the 2% surcharge, and the federal deductions Maine turned down
Maine rewrote more of its income tax in 2026 than in any year since the 2017 brackets. A 2% surcharge on taxable income over $1 million makes the top rate 9.15% for the first time, the state moved its conformity date to the end of 2025 but refused the federal deductions for tips, overtime, seniors and car loans, and it set a standard deduction of its own, below the federal figure, for one more year. Here is what changed, what did not, and what the 2026 return will look like next to the 2025 one.

By Charles Trautman, EA, editor
Need to Know Tax · written from Maine Revenue Services sources, November 3, 2026; updated November 12, 2026 after the election · not yet reviewed by a Maine practitioner
The bottom line
- New for 2026: a 2% surcharge on taxable income over $1,000,000 single and $1,500,000 joint, which makes the top marginal rate 9.15%.
- The Maine standard deduction for 2026 is $15,700 single and $31,400 joint, below the federal amounts; it matches the federal deduction from 2027.
- Maine did not adopt the federal deductions for tips, overtime, seniors or car-loan interest.
- No statewide question was on the November 3 ballot.
Two things happened in Augusta in April 2026 that reach the ordinary Maine return. The supplemental budget, L.D. 2212, added a 2% surcharge on Maine taxable income above $1,000,000 for a single filer and $1,500,000 on a joint return, retroactive to January 1, 2026, so the state’s top rate is now 9.15% instead of 7.15%. The same bill moved Maine’s conformity to the Internal Revenue Code forward to December 31, 2025, which settled a question that had hung over the 2025 filing season, and in doing so said no to the four new federal deductions most people have heard of: tips, overtime, the $6,000 senior deduction and car-loan interest. Every one of them is fully taxed in Maine. For a household under $1 million, the 2026 return is the 2025 return with slightly larger figures and the same answer to the question “does the federal break count here?” It does not.
Maine starts its return from federal adjusted gross income, then applies its own standard deduction, its own personal exemption and its own brackets. That design is why the 2025 federal law reached Maine the way it did. Anything Congress did above the AGI line, such as the higher Section 179 limit, flows into Maine automatically once the state adopts the Code date. Anything done below the line, which is where tips, overtime, the senior deduction and car-loan interest all sit, never arrives unless Maine writes it into its own law. Maine did not.
The 2% surcharge
For tax years beginning on or after January 1, 2026, Maine adds 2% to the tax on Maine taxable income above these lines: $1,000,000 single, $750,000 married filing separately, $1,500,000 for joint returns, surviving spouses and heads of household. The regular 7.15% top bracket still applies to every dollar over $64,850 single or $129,750 joint; the surcharge stacks on top, so the marginal rate over the threshold is 9.15%. The thresholds are fixed for 2026 and indexed for inflation from 2027.
Because the law passed in April and reached back to January, Maine Revenue Services revised its 2026 rate schedules on May 20, 2026 and reissued the withholding tables mid-year. Anyone whose pay crosses the line should expect the second half of 2026 to have made up for the first half, and should check Form W-4ME. The surcharge is on taxable income, not AGI, and it reaches capital gains and dividends the same as wages, since Maine has no preferential rate for gains. A people’s veto petition to repeal the budget that carried the surcharge did not qualify for the ballot, and there was no statewide question on the November 3, 2026 ballot.
Worked example: a joint return with $1,800,000 of Maine taxable income
A married couple, filing jointly, with Maine taxable income of $1,800,000 after their deduction and exemptions have been phased out. The 2026 rate schedule and the surcharge.
| Tax on the first $129,750 (from the joint rate schedule) | $8,237 |
| 7.15% on $1,670,250 ($1,800,000 − $129,750) | $119,423 |
| Regular Maine tax | $127,660 |
| Surcharge: 2% of $300,000 ($1,800,000 − $1,500,000) | $6,000 |
| Maine tax, 2026 | $133,660 |
| Same income, 2025 rules (no surcharge) | $127,660 |
The surcharge cost this couple $6,000, or 2% of the slice over $1.5 million. Had they filed as single people with $900,000 each, neither would owe it. A $300,000 charitable gift would also take it to zero, but only if it survives Maine’s $37,100 cap on itemized deductions, which it would not; see How Maine income tax works.
Conformity: what Maine took and what it refused
Maine is a fixed-date conformity state. Until April 2026 it followed the Code as of December 31, 2024, which is why the July 2025 federal law did not reach Maine on its own. For the 2025 filing season the Governor administered conformity by directive under a 2025 law written for that purpose; L.D. 2212 then moved the date to December 31, 2025 for tax years beginning on or after January 1, 2025, with a list of Maine exceptions. Here is where each of the federal changes people ask about landed.
| Federal change | Maine for 2026 | What it means on Form 1040ME |
|---|---|---|
| No tax on tips (deduction up to $25,000) | Not adopted | Tips are in federal AGI, line 14, and nothing takes them out. Fully taxed. |
| No tax on overtime | Not adopted | The overtime premium stays in Maine income. Fully taxed. |
| $6,000 senior deduction, age 65+ | Not adopted | Maine’s only age break on the deduction side is the additional standard deduction: $2,050 single or head of household, $1,650 per spouse married. |
| Car-loan interest deduction | Not adopted | No Maine deduction. |
| Higher federal standard deduction ($16,100 / $32,200) | Not adopted for 2026 | Maine uses its own $15,700 single and married filing separately, $23,550 head of household, $31,400 joint. Full conformity promised for 2027. |
| SALT cap raised to $40,000 | Enters through the federal itemized total | Maine itemized deductions start from the federal figure, remove state and local income taxes, and cap everything but medical at $37,100 for 2026. |
| 100% bonus depreciation, IRC 168(k) | Decoupled, as before | Added back on Schedule 1A, recovered through later-year subtractions on Schedule 1S. |
| Qualified production property, IRC 168(n) | Decoupled | Same add-back and recovery. |
| Section 179 expensing ($2.5 million) | Adopted | Flows through from the federal return. |
| Research expenses, IRC 174 | Adopted for small businesses (about $31 million of receipts or less); phased in for larger ones | Large businesses add back 70% of the federal deduction for 2026, then 50%, 30%, 10% through 2029. |
| Qualified small business stock exclusion, IRC 1202 | Decoupled for stock first acquired after July 3, 2025 | The federally excluded gain is added back on Schedule 1A. |
| Qualified business income deduction | Never allowed | Below the line; never reached Maine. |
The Department’s own presentation on the federal law and the budget bill are the sources; see below. The charitable deduction for non-itemizers and Trump accounts have not been addressed by the Department (verify).
The practical effect is that a Maine worker’s state tax can now approach or exceed the federal tax, which almost never happened before 2025.
Worked example: a restaurant server with tips and overtime
Single, under 65, no dependents. 2026 wages of $38,000, reported tips of $12,000 and an overtime premium of $3,000, all on the W-2. Federal AGI $53,000. Standard deduction on both returns.
| Federal | Maine | |
|---|---|---|
| Adjusted gross income | $53,000 | $53,000 |
| Standard deduction | −$16,100 | −$15,700 |
| Tips deduction | −$12,000 | none |
| Overtime deduction | −$3,000 | none |
| Personal exemption | none | −$5,300 |
| Taxable income | $21,900 | $32,000 |
| Tax | about $2,380 (verify) | $1,900 |
| Maine tax on the tips and overtime alone | $914 |
Maine tax: 5.8% on the first $27,400 is $1,589, plus 6.75% on the next $4,600 is $311. Without the $15,000 of tips and overtime, Maine taxable income would be $17,000 and the tax $986; the difference, $914, is what the state collects on income the IRS now leaves alone. The server’s Maine tax is most of her federal tax, which was not true before 2025.
The standard deduction: Maine’s own number for one more year
The 2025 federal law raised the federal standard deduction to $16,100 single and $32,200 joint for 2026. Maine’s standard deduction has tracked the federal one, but the Legislature chose to set 2026 amounts of its own: $15,700 single and married filing separately, $23,550 head of household, $31,400 joint and surviving spouse. The additional standard deduction for age 65 or blindness is $2,050 per condition for a single or head-of-household filer and $1,650 per condition per spouse for a married couple. The Department says Maine conforms fully to the federal standard deduction beginning in 2027. The deduction, standard or itemized, still phases out from Maine AGI of $102,250 single, $153,400 head of household and $204,550 joint; the figures are in Maine figures at a glance.
The personal exemption is $5,300 for the taxpayer and $5,300 for a spouse, up from $5,150, and nothing for dependents, who are covered by the dependent exemption tax credit instead.
Retirees: a bigger pension deduction, and the senior deduction that stops at the border
The pension income deduction rises to $49,824 per person for 2026, from $48,216, because it is tied to the annual Social Security benefit at full retirement age. The rules that arrived in 2025 carry forward: the deduction phases out above federal AGI of $125,000 single, $187,500 head of household and $250,000 joint (2025 thresholds, indexed; the 2026 figures are to come), and distributions received before age 55 do not qualify unless they are part of a series of substantially equal periodic payments. Social Security is still subtracted in full, and still reduces the pension deduction dollar for dollar. The federal $6,000 senior deduction, as the table above says, does nothing on the Maine return. The details are in Maine for retirees.
Business owners: a new elective entity tax
For tax years beginning in 2026, a Maine partnership or S corporation may elect to pay Maine tax at the entity level at 7.15% on the owners’ distributive shares; the owners then take a refundable credit for 90% of the tax paid. The point is the federal SALT cap: tax paid by the entity is a business deduction above the federal AGI line, where the cap does not reach. Whether it pays depends on the owner’s federal itemizing position and the 10% that is not credited back. From 2026 the Maine resident credit for taxes paid to other states also covers other states’ pass-through entity taxes, though not New Hampshire’s business profits tax. Separately, the Maine capital investment credit was repealed for tax years beginning in 2025, with carryforwards preserved, so a 2026 equipment purchase gets the Schedule 1A bonus-depreciation add-back and no credit to soften it.
Smaller changes
- Estate tax exclusion. $7,160,000 for deaths in 2026, up from $7,000,000. Rates of 8%, 10% and 12% above the exclusion are unchanged, and taxable gifts made within one year of death still come back into the estate.
- Dependent exemption tax credit. Made permanent by L.D. 2212 at the indexed amount; $305 per dependent and $610 for a child under six for 2025, with the 2026 amounts to come and the under-six doubling to be confirmed (verify). See Credits and breaks for Maine families.
- Fourth estimated payment. Since late 2025, no underpayment penalty applies to the fourth installment if the year’s tax is paid in full by the last day of January; for 2026 tax, that is January 31, 2027.
- Itemized deduction cap. $37,100 for 2026, up from $36,300; medical and dental expenses are still outside the cap.
The 2026 return next to the 2025 return
| Who | 2025 return | 2026 return |
|---|---|---|
| Wage earner, tipped or hourly | Tips and overtime taxed | Still taxed; the federal deductions do not reach Maine |
| Retiree | Pension deduction $48,216, Social Security exempt | Pension deduction $49,824; senior deduction still federal only |
| Taxable income over $1 million single / $1.5 million joint | Top rate 7.15% | Top rate 9.15%; check mid-year withholding |
| Itemizer | Maine itemized cap $36,300 | Cap $37,100 |
| Owner of a partnership or S corporation | No entity-level election | Elective 7.15% entity tax with 90% credit |
| Founder selling qualified small business stock bought after July 3, 2025 | Federal exclusion followed | Excluded gain added back |
| Everyone | Standard deduction below federal | Still below federal ($15,700 / $31,400); matches federal from 2027 |
Behind the scenes: why the surcharge, and why fixed-date conformity
Maine’s brackets have topped out at 7.15% since 2016. Voters approved a 3% surcharge for education on incomes over $200,000 that November, and the Legislature repealed it in the 2017 budget before anyone paid it. The 2026 surcharge is the Legislature’s own version of that idea, at 2% instead of 3% and at $1 million instead of $200,000, and its revenue is earmarked for free community college, property tax relief and child care. Because it passed as part of a supplemental budget in April and applied from January, the Department had to republish rate schedules and withholding tables in the middle of the year, which is why some 2026 pay stubs will show a jump in Maine withholding after May.
Fixed-date conformity is what gave Maine the choice to refuse the tips, overtime and senior deductions. A rolling-conformity state would have had to pass a law to undo them; Maine had to pass a law to adopt them, and passed one that adopted the Code date while listing them as exceptions. The Department’s revenue estimate for adopting the federal standard deduction alone was about $31 million a year, which is the number behind the decision to phase it in over 2026 and 2027 rather than match it at once.
What to bring
- Last year’s Form 1040ME, to compare the deduction, exemption and pension figures line by line
- Every W-2, including the boxes showing tips and overtime, which Maine taxes in full
- Final 2026 pay stubs if your income is near $1 million, so the mid-year withholding change can be checked against the surcharge
- Form 1099-R and SSA-1099 for the pension deduction and the Social Security offset
- For a business, farm or rental: the federal Form 4562, for the Schedule 1A bonus-depreciation add-back
- For an owner of a partnership or S corporation: the Maine K-1 showing any entity-level tax paid and the credit
- For a sale of small business stock: the purchase date, since stock bought after July 3, 2025 is treated differently
Questions people ask
Did Maine pass “no tax on tips”?
No. The Legislature adopted the federal Code as of December 31, 2025 but excluded the tips deduction, along with the overtime, senior and car-loan deductions. Tips are in federal AGI, which is where Form 1040ME starts, and no Maine line takes them out.
I am 68. Does the $6,000 senior deduction lower my Maine tax?
No. It comes off after AGI on the federal return and Maine does not recognize it. Your Maine age break is the additional standard deduction, $2,050 if single or $1,650 if married, plus the pension deduction and the full subtraction of Social Security.
Who pays the 2% surcharge?
Anyone whose Maine taxable income, after deductions and exemptions, is over $1,000,000 on a single return, $750,000 married filing separately, or $1,500,000 on a joint, surviving-spouse or head-of-household return. It applies only to the amount over the line, for tax years beginning in 2026 and later, and the thresholds are indexed from 2027.
My withholding went up in the middle of 2026. Why?
The Department revised the 2026 withholding tables after the surcharge became law in April. If your pay is nowhere near $1 million the change should be small; if it is, the second half of the year is catching up for the first.
Why is my Maine standard deduction smaller than my federal one?
Because the Legislature set Maine’s 2026 amounts at $15,700 single and $31,400 joint instead of adopting the federal $16,100 and $32,200. The Department says the two match beginning with the 2027 tax year.
Is anything about Maine taxes on the November 2026 ballot?
No. There was no statewide question on the November 3, 2026 ballot, and the people’s veto petition aimed at the budget that carried the surcharge did not qualify.
Nothing federal and below the line crosses into Maine
Tips, overtime and the senior deduction are taxed here as they always were, the pension deduction is $49,824, and over $1 million the rate is now 9.15%.
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
- 2026 Individual Income Tax Rate Schedules, revised May 20, 2026 (brackets, surcharge, standard deduction, exemption)
- 2026 Form 1040ES-ME, estimated tax vouchers and instructions (pension deduction cap, 2026 figures)
- 2026 Worksheet for Phaseout of Itemized/Standard Deductions ($37,100 cap)
- 2026 Worksheet for Phaseout of Personal Exemption
- 2025 Form 1040ME General Instructions (2025 figures and what was new for 2025)
- Maine Revenue Services, 2026 individual income tax forms
Sources and where to check
- Maine Revenue Services: One Big Beautiful Bill Impacts on Maine (presentation)
- Maine Tax Alert, October 2025: federal conformity and the 2025 filing season
- Maine Revenue Services: Estate Tax (706ME), 2026 exclusion and rates
- Maine Secretary of State: current citizen initiatives and people’s vetoes
- EY Tax News: Maine law imposes income tax surcharge retroactive to January 1, 2026 (secondary)
- Baker Newman Noyes: Budget bill brings significant changes to Maine’s tax laws (secondary; L.D. 2212 detail)