The One Big Beautiful Bill Act (Pub. L. 119-21, signed July 4, 2025) created a federal income tax deduction on qualifying overtime wages under IRC § 225. The deduction is capped at $12,500 per year for single filers ($25,000 for married filing jointly). It applies to tax years 2025 through 2028. Only the overtime premium portion of wages qualifies. The full overtime paycheck does not. Payroll taxes remain unchanged.
- Deduction cap: $12,500 of overtime premium per year (single / HOH); $25,000 for MFJ (IRC § 225)
- Applies to TY 2025, 2026, 2027, and 2028 only. Sunsets December 31, 2028.
- Above-the-line: available with the standard deduction or itemizing
- Only the premium portion qualifies: regular rate × 0.5 × overtime hours
- Employee-only: no self-employed equivalent. Requires FLSA employment relationship.
- FLSA overtime only: hours beyond 40/workweek. State daily overtime rules do not qualify.
- Phase-out: $100 reduction per $1,000 MAGI above $150,000 (single) or $300,000 (MFJ)
- FICA and the 0.9% Additional Medicare Tax are not reduced
- Married Filing Separately: disqualified entirely
- Claimed on Schedule 1-A with Form 1040
What Is the No Tax on Overtime Deduction?
The One Big Beautiful Bill Act created IRC § 225, which allows eligible employees to deduct qualifying overtime wages from federal taxable income. The law was signed on July 4, 2025 (Pub. L. 119-21) and applies to tax years beginning after December 31, 2024.
The phrase "no tax on overtime" is the political name for this provision. The legal name is the qualified overtime compensation deduction. The name is a simplification. The deduction does not eliminate all tax on overtime. It reduces federal income tax on a portion of qualifying overtime wages. Payroll taxes are unchanged.
The deduction is above the line. It reduces adjusted gross income. You do not need to itemize to claim it. It is available to W-2 employees only. There is no self-employed or independent contractor equivalent for this deduction.
The Premium-Only Rule
This is the most important rule to understand before calculating the deduction. The deductible amount is not your full overtime paycheck. It is only the premium portion: the extra pay above your regular hourly rate.
Why only the premium?
The Fair Labor Standards Act (FLSA) requires employers to pay at least 1.5 times the regular rate for overtime hours. The 1.0× regular rate portion is just normal wages. The 0.5× excess is the overtime premium. IRC § 225 targets that premium specifically.
Deductible amount = min(qualified OT premium, cap)
Cap: $12,500 (Single / HOH) · $25,000 (MFJ, applied separately per spouse)
Example: $22/hr × 0.5 × 280 hours = $3,080 qualified premium
Double-time employers
Some employers pay double time (2×) for overtime as a matter of company policy or union contract. The deductible amount is still calculated using the same formula: regular rate × 0.5 × overtime hours. The FLSA minimum is 1.5×. IRC § 225 covers only the FLSA-required excess: the 0.5× premium. The additional 0.5× your employer pays above the FLSA floor does not change the deductible amount.
Example: An employee earns $20 per hour. The employer pays $40 per hour for overtime (2×). In a year, the employee works 100 overtime hours.
- Total overtime wages received: $4,000 (100 hours × $40)
- Qualified overtime premium (deductible): $20 × 0.5 × 100 hours = $1,000
- Non-deductible: $3,000 of the $4,000 overtime paycheck is regular wages and employer-added premium above the FLSA minimum
You do not deduct your entire overtime paycheck. Only the FLSA-required premium (the 0.5× excess above regular rate) qualifies. For most employees, this is roughly one-third of gross overtime wages received.
What Counts as Qualifying Overtime
Not every hour paid at 1.5× or 2× qualifies. IRC § 225 uses the FLSA definition of overtime. You must meet specific criteria.
FLSA overtime: the 40-hour workweek threshold
The FLSA requires overtime pay for hours worked beyond 40 in a single workweek. Only those hours produce qualified overtime for IRC § 225 purposes. These are the hours above 40 per week.
State daily overtime rules do not qualify
California, Alaska, and a few other states require overtime for hours worked beyond 8 in a single day, even if the employee does not exceed 40 hours for the week. Those state-mandated daily overtime hours do not qualify for the federal IRC § 225 deduction. The federal deduction tracks the FLSA 40-hour-per-workweek threshold. State law does not apply.
A California employee who works 9 hours on Monday (1 hour of California daily OT) but works only 38 hours total that week has zero federally qualifying overtime hours for IRC § 225, even though the employer paid an overtime premium on that Monday hour.
Employment relationship required
The FLSA applies to employees. Independent contractors are not covered by the FLSA. If you are an independent contractor or self-employed worker, you have no qualifying overtime under FLSA, and no deduction under IRC § 225.
Qualifies
- Hours worked beyond 40 in a workweek by a W-2 employee in an FLSA-covered position
- The 0.5× premium portion of those hours, whether your employer pays 1.5×, 2×, or more
- Overtime hours from multiple employers are combined on your return (separate cap applies per employer for W-2 reporting, but the deduction is per-taxpayer)
Does not qualify
- Hours beyond 8 per day under state daily overtime rules that do not also exceed 40 hours for the week
- Overtime earned by independent contractors, freelancers, or self-employed workers
- Premium pay that is not FLSA-required overtime (e.g., holiday pay, shift differentials, or voluntary bonus overtime arrangements)
- Overtime for certain FLSA-exempt workers (executive, administrative, professional, outside sales, and certain computer workers exempt from overtime requirements)
How the Phase-Out Works
If your Modified Adjusted Gross Income (MAGI) exceeds the threshold, the maximum deduction is reduced before it is applied to your overtime premium.
Excess MAGI = max(0, MAGI − threshold)
Threshold: $150,000 (Single / HOH) · $300,000 (MFJ)
Full phase-out at: ~$275,000 (Single / HOH) · ~$550,000 (MFJ)
The phase-out reduces the cap, not your actual overtime premium directly. If your actual qualifying overtime premium is already below the reduced cap, the phase-out has no effect on your deduction.
Single filer example
A single filer with $200,000 MAGI and $8,000 in qualifying overtime premium calculates as follows: $200,000 minus the $150,000 threshold equals $50,000 excess. Divide by $1,000 to get 50 units. Multiply by $100 to get a $5,000 phase-out reduction. The cap drops from $12,500 to $7,500. The employee's actual premium is $8,000, which exceeds the reduced cap. The deductible amount is $7,500.
MFJ spouses with separate overtime
For married filing jointly returns, the $25,000 MFJ cap applies per return, but it is allocated separately per spouse. Each spouse can have up to $12,500 in qualifying overtime premium. A household where both spouses qualify can deduct up to $25,000 combined. One spouse cannot use the other's unused cap.
MAGI includes all income, not just overtime pay. A single worker earning $140,000 in regular wages plus $5,000 in overtime premium has a MAGI above the $150,000 threshold because the regular wages are included. The phase-out would reduce the cap before the overtime premium deduction is calculated.
FICA and Additional Medicare Tax: What Still Applies
The OBBBA overtime deduction reduces federal income tax. It does not affect payroll taxes of any kind.
FICA and the 0.9% Additional Medicare Tax still apply in full to all overtime wages. IRC § 225 is located in Subtitle A of the Internal Revenue Code (income taxes). The FICA wage base under IRC § 3121(a) is entirely separate and is not modified by the § 225 deduction.
For W-2 employees
All overtime wages remain in your FICA wage base. This includes the premium portion that qualifies for the income tax deduction. Social Security tax (6.2%) applies to wages up to the SS wage base ($176,100 for TY 2025; $184,500 for TY 2026). Medicare tax (1.45%) applies to all wages with no cap. The 0.9% Additional Medicare Tax applies to wages above $200,000 (single) or $250,000 (MFJ). The IRC § 225 income tax deduction does not reduce that threshold or the wage base for this calculation.
State income taxes
Most states have not enacted a matching overtime deduction. If your state has not conformed to IRC § 225, overtime income remains fully taxable at the state level. Contact your state tax agency or a tax professional for your state's current position before assuming any state tax savings.
| Tax Type | Reduced by OT Deduction? | Rate (Employee) |
|---|---|---|
| Federal income tax | Yes, up to $12,500 premium excluded | 10%–37% (bracket-dependent) |
| Social Security (FICA) | No | 6.2% (up to wage base) |
| Medicare (FICA) | No | 1.45% (no cap) |
| Additional Medicare Tax | No | 0.9% above $200K/$250K |
| State income tax | Most states: No | Varies by state |
Is Overtime Taxed at a Higher Rate?
No. Overtime pay is not taxed at a higher rate than regular wages. Your marginal bracket does not change because you earned overtime hours.
The confusion comes from withholding. When your employer processes a paycheck with overtime, the payroll system annualizes that week's earnings to estimate your full-year income. That produces a higher estimated annual income, which triggers more withholding for that pay period. The extra withholding is not an extra tax. It is a deposit against the same year-end liability you would have otherwise. You reconcile everything when you file your return.
The effective rate on your total income stays the same. Only the timing of withholding shifts.
The IRC § 225 deduction addresses a separate issue: it reduces the taxable income from overtime premiums for federal income tax purposes. That is distinct from the withholding illusion. Even without the deduction, you were not paying a higher rate on overtime. With the deduction, you pay less income tax on qualifying overtime premiums.
How to Claim the Deduction
Form and line
Claim the qualified overtime compensation deduction on Schedule 1-A (Additional Deductions), filed with Form 1040. The IRS published Schedule 1-A in March 2026 for use with TY 2025 returns (IR-2026-28, March 2, 2026). The same form covers both the tip deduction (IRC § 224) and the overtime deduction (IRC § 225).
W-2 reporting for TY 2025 (Notice 2025-69)
The IRS issued Notice 2025-69 to provide transition relief for TY 2025. W-2 and 1099 forms were not updated in time for the new OBBBA deductions. Employers received penalty relief for TY 2025 information reporting failures related to qualifying overtime wages.
For TY 2025, employees can calculate their qualifying overtime premium using any reasonable method. This includes employer-provided pay statements, payroll records showing regular rate and overtime hours, or personal work records.
W-2 reporting for TY 2026 and beyond
Notice 2025-69 relief applies to TY 2025 only. Beginning with TY 2026 W-2s, employers must report qualifying overtime compensation using Code TT in Box 12 of Form W-2. Employers who fail to comply face penalties without the benefit of TY 2025 transition relief.
Documentation best practices
Maintain records showing your regular hourly rate, total overtime hours worked per workweek, and the overtime pay received. For TY 2025, a printed or saved copy of your year-end pay statement combined with a workweek-by-workweek overtime log is the most defensible documentation basis.
Confirmed vs. Pending Guidance
IRC §225 is enacted law. Most implementation rules are confirmed. The key pending items involve comp time and W-2 Box 12 Code TT reporting requirements.
Who Benefits Most
Practitioner Insight
The most common mistake we see with the overtime deduction is clients who enter their total overtime paycheck instead of the premium portion. A worker who earned $9,000 in overtime checks does not necessarily have $9,000 in qualifying premium. If the regular rate is $20 per hour and the worker put in 150 overtime hours, the qualifying premium is $20 × 0.5 × 150 = $1,500, not $9,000. The second most frequent issue is California employees who think their daily overtime qualifies. It does not. Only hours beyond 40 per week under the federal FLSA count. We catch both issues during return review, but clients who self-prepare often over-claim.
Real-World Scenario
Warehouse worker, single filer, TY 2025:
- Regular hourly rate: $22.00
- Overtime hours worked: 280 hours (beyond 40/week threshold)
- Employer pays: $33.00/hr (1.5× standard rate)
- Gross overtime wages received: $9,240
- Qualifying overtime premium: $22 × 0.5 × 280 = $3,080
- MAGI: $58,000 (well below $150,000; no phase-out)
- Deductible amount: $3,080 (below $12,500 cap)
- Marginal federal tax rate: 22%
- Federal income tax saved: $3,080 × 22% = $677.60
- FICA still owed on $9,240 overtime wages: approximately $707 (employee share, SS + Medicare)
This worker saves $677 in federal income tax. The $707 FICA obligation on overtime wages is separate and unchanged. The deduction reduces income tax. It does not affect payroll taxes.
Nurse, single, $90,000 base, $10,000 overtime premium, MAGI $100,000:
- Overtime premium: $10,000 (under $12,500 cap)
- MAGI: $100,000 (below $150,000 threshold — no phase-out)
- Deductible amount: $10,000
- Marginal rate: 22%
- Federal income tax saved: $2,200
- FICA on overtime wages: unchanged — §225 does not reduce FICA
Factory worker, MFJ, $55,000 base, $8,000 overtime premium, household MAGI $130,000:
- Overtime premium: $8,000 (well under $25,000 MFJ cap)
- MAGI: $130,000 (below $300,000 MFJ threshold — no phase-out)
- Deductible amount: $8,000
- Marginal rate: 22%
- Federal income tax saved: $1,760
- FICA on overtime wages: unchanged — employer withholds FICA on all OT wages
Stacking with the Tip Deduction
If you receive both qualifying tip income and qualifying overtime wages in the same tax year, you can claim both the IRC § 224 tip deduction and the IRC § 225 overtime deduction on the same Schedule 1-A return.
The caps apply separately. A single filer can deduct up to $25,000 of qualifying tip income plus up to $12,500 of qualifying overtime premium in the same year. The phase-out calculation uses the same MAGI threshold ($150,000 single) and is applied separately to each deduction.
Use the No Tax on Tips Calculator if you have tip income to evaluate alongside this deduction.
When the Deduction Does Not Apply
- Self-employed workers and independent contractors: no FLSA coverage, no qualifying overtime
- FLSA-exempt employees: executive, administrative, professional, outside sales, and certain computer workers exempt from overtime requirements
- Married Filing Separately: fully disqualified regardless of income or overtime amount
- State daily overtime (California 8-hr rule, etc.): only FLSA weekly overtime (beyond 40/week) qualifies
- Income above full phase-out: approximately $275,000 MAGI (single) or $550,000 (MFJ)
- Premium pay that is not FLSA overtime: holiday pay, shift differentials, and voluntary premium arrangements do not qualify
- Tax years 2029 and beyond: the deduction sunsets on December 31, 2028 unless Congress extends it
Frequently Asked Questions
- IRC § 225 — Qualified Overtime Compensation Deduction (U.S. House, Office of the Law Revision Counsel)
- IRS.gov — One Big Beautiful Bill Act Provisions
- IRS News Release IR-2026-28 — Schedule 1-A Published for TY 2025 (March 2, 2026)
- IRS Notice 2025-69 — Transition Relief for TY 2025 Tip and Overtime Reporting
- IRS Notice 2025-62 — Employer Penalty Relief for TY 2025 Information Reporting
- IRC § 3121 — FICA Wages Definition (confirms overtime wages remain in FICA wage base)
- U.S. Department of Labor — FLSA Overtime Requirements
- IRS Tax Topic 751 — Social Security and Medicare Withholding Rates
- SSA.gov — Social Security Contribution and Benefit Base ($176,100 TY 2025; $184,500 TY 2026)
Related OBBBA Tools and Guides
Next Step
If you are a W-2 employee who worked FLSA overtime in TY 2025 and your MAGI is below $150,000 (single) or $300,000 (MFJ), calculate your qualifying overtime premium and claim the deduction on Schedule 1-A.
If your MAGI is above the threshold, calculate your reduced cap before filing. Use the No Tax on Overtime Calculator to apply the phase-out and see the exact deductible amount.
If you also have qualifying tip income, you can stack both deductions on the same Schedule 1-A. For professional review, contact LMN Tax Inc.
The overtime deduction is one of six OBBBA provisions for TY 2025–2028. If you also have a new car loan, pay state income taxes, or have qualifying children, other provisions may apply on the same return. See the OBBBA Tax Changes Guide for a complete overview of all six provisions and how they interact.