What Happened?
As a reminder for employers with workers in Rhode Island, on October 2, 2025, the Rhode Island Division of Taxation issued guidance confirming the state does not follow the federal “no tax on tips” and “no tax on overtime” provisions under the One Big Beautiful Bill Act. Tips and overtime remain fully taxable for Rhode Island state income tax and must continue to be included in Rhode Island taxable wages.
Overview
- Rhode Island position: Even if employees qualify for the federal benefit, Rhode Island has decoupled tips and overtime remain fully taxable for state income tax purposes.
- What this means for payroll in Rhode Island: Continue Rhode Island income tax withholding on all wages, including tips and overtime. There is no state-level payroll carve-out for these amounts.
Federal rules: Federal “no tax on tips” and “no tax on overtime” as deductions claimed on the individual federal tax return (not as automatic tax-free paychecks), and for tax year 2025 the Internal Revenue Service stated there were no changes to key payroll forms or federal withholding tables for these provisions.
Why this matters:
- Avoids under-withholding risk: Treating tips or overtime as non-taxable for Rhode Island purposes could lead to incorrect state withholding and potential employee tax liability at filing.
- Reduces employee confusion: Employees may hear the federal “no tax” messaging, but Rhode Island still taxes these amounts. Clear communication helps prevent disputes and questions.
Key Risks for Employers
- Incorrect Rhode Island taxable wage calculations: Tips and overtime remain taxable in Rhode Island, so they must be included in taxable wages for withholding; otherwise, withholding may be too low.
- Miscommunication to employees: Suggesting Rhode Island taxes will decrease because of the federal change may cause confusion or complaints.
- Process drift in 2025: Payroll teams may mistakenly adjust settings due to the federal policy shift even though federal forms and withholding did not change.
Bottom Line: Rhode Island has not aligned with the federal changes, so employers should keep withholding state income tax on all tips and overtime and continue using existing payroll configurations. Clear communication with employees is important to avoid confusion, since federal messaging may suggest these amounts are tax‑free even though Rhode Island still taxes them.
Source References
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Rhode Island PEO services can help you navigate complex employment laws and keep your business compliant.
This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.