Tax on Overtime Pay: 2025–2028 Overtime Deduction Guide

Last Updated: 2026-11-04

Yes, overtime pay is still subject to standard federal income tax withholding and 7.65% FICA payroll taxes on your paycheck — but for tax years 2025 through 2028, the OBBBA (IRC §225, signed July 4, 2025) lets eligible FLSA non-exempt workers deduct the 0.5× FLSA overtime premium portion (up to $12,500 single / $25,000 married filing jointly) on Schedule 1-A. Overtime earned from January 1, 2025 through December 31, 2028 qualifies.

  • Effective tax years: 2025 · 2026 · 2027 · 2028
  • First filing season to claim: 2026 (for your 2025 return)
  • Deduction cap: $12,500 single / $25,000 joint
  • MAGI phase-out begins: $150,000 single / $300,000 joint
  • Sunset: December 31, 2028 — no automatic renewal

How Is Overtime Taxed in 2025–2028? (No Tax on Overtime Explained)

On your paycheck, tax on overtime pay works the same as regular wages — there is no special higher federal overtime tax rate, and standard income tax withholding plus 7.65% FICA payroll taxes still apply. However, for tax years 2025 through 2028, the OBBBA overtime deduction (IRC §225) lets you deduct the FLSA 0.5× premium portion when you file your federal tax return. Here is what "No Tax on Overtime" actually means in practice:

Only the FLSA premium portion is deductible

Overtime in the United States is paid at "time and a half" — 1.5× your regular rate. OBBBA only deducts the "half" (the 0.5× premium employers pay on top of the base rate). The 1× straight-time portion is still taxable like any other wage.

It's a federal income tax deduction, not a payroll tax exemption

Social Security (6.2%) and Medicare (1.45%) — together FICA — still apply to your full overtime pay, premium portion included. OBBBA only reduces federal income tax, claimed when you file your annual return.

It's claimed on your tax return, not in your paycheck

Your employer doesn't reduce withholding automatically. The deduction kicks in when you file Schedule 1-A and Form 1040 — meaning the benefit shows up as a smaller tax bill or larger refund, not in your weekly check.

It's federal-only — your state may still tax the full amount

State conformity is separate from the federal deduction. California FTB reports nonconformity to IRC §225; Wisconsin AB 461 is veto-sustained. If your state does not adopt a matching subtraction, you'll still owe state income tax on overtime even if your federal tax drops.

When Does No Tax on Overtime Start? The 2025–2028 OBBBA Timeline

If you are asking when will no tax on overtime start, the deduction is already in effect and retroactive to January 1, 2025 — even though the OBBBA was signed mid-year on July 4, 2025. Any qualifying overtime you earned in 2025 through 2028 counts across these six key dates:

  1. 2025-07-04

    OBBBA signed into law

    Public Law 119-21 enacted, adding IRC §225. The deduction applies retroactively to qualifying overtime earned from January 1, 2025.

  2. 2025-11

    IRS Notice 2025-69 published

    Transition relief for tax year 2025 W-2 reporting. Employers may use box 14 with any label, or omit the OT line entirely. Pay stubs become the fallback documentation.

  3. 2026-01 to 2026-04

    First filing season

    Tax year 2025 returns filed using the new Schedule 1-A. This is when search demand for "how to claim no tax on overtime" peaks.

  4. 2026-01-01

    W-2 box 12 code TT becomes mandatory

    From tax year 2026 onward, employers must report qualified overtime compensation in box 12 with code TT. The transition relief expires.

  5. 2027-Q4 / 2028-Q1

    Congressional extension window

    If lawmakers want to extend the deduction past 2028, this is the realistic window for action. There's no automatic renewal — extension requires new legislation.

  6. 2028-12-31

    Sunset

    IRC §225 sunsets. Overtime earned in 2029 onward returns to fully taxable at the federal level unless Congress acts.

No Tax on Overtime Rules: FLSA Qualified Overtime & Income Limits

Three core no tax on overtime rules determine your eligibility: your FLSA worker classification, whether your overtime meets the statutory definition of FLSA qualified overtime, and your Modified Adjusted Gross Income (MAGI) limit.

1

Are you classified as FLSA non-exempt?

Yes → Continue to Step 2

No → Salaried-exempt employees, independent contractors, and most outside-sales positions are not covered by FLSA's overtime rules — and OBBBA inherits that scope. You're not eligible.

2

Did you earn paid overtime hours (>40/week) in 2025 or later?

Yes → Continue to Step 3

No → OBBBA only deducts overtime that was actually earned and paid as such. If you have no qualifying OT this year, there's nothing to deduct yet.

3

Is your MAGI below $275,000 (single) or $550,000 (joint)?

Yes → You qualify, at least partially. Use the calculator to estimate your effective deduction.

No → Above the full phase-out point — $0 deduction this year.

FLSA Qualified Overtime Meaning: What Counts vs. What Doesn't

Under IRC §225(c), FLSA qualified overtime means only the overtime compensation required under Section 7 of the Fair Labor Standards Act (29 U.S.C. §207) that exceeds your regular rate of pay — specifically the 0.5× half-time premium on hours worked over 40 in a workweek. Contractual bonuses, daily overtime under 40 weekly hours, and workers governed by the Railway Labor Act (such as railroad employees exempt from FLSA §7 under 29 U.S.C. §213(b)(2)) do not generate FLSA qualified overtime unless Congress amends the statute.

Overtime Pay TypeDeductible FLSA PortionDetails & Statutory Rule
Standard FLSA 1.5× Overtime (>40 hrs/wk)0.5× premium only (1/3 of total 1.5× OT pay)Required by FLSA §7; the 1.0× base wage remains fully taxable.
Contractual or State 2.0× Double Time0.5× FLSA premium only (if >40 hrs/wk; $0 if ≤40 hrs/wk)Only the 0.5× portion required by federal FLSA §7 over 40 weekly hours qualifies (1/4 of 2.0× pay).
Holiday, Weekend, or Shift Differential (≤40 hrs/wk)$0 (not FLSA-mandated overtime)Extra pay for holidays or weekends does not qualify unless those hours push your weekly total past 40.
Railway Labor Act (Railroad) & FLSA Exempt Workers$0 (exempt from FLSA §7)Railroad workers under FLSA §13(b)(2) and salaried-exempt staff are excluded from IRC §225.

Applicability cheat sheet

Worker / Pay SituationQualifies?Details & Statutory Rule
Hourly worker, FLSA non-exempt, MAGI under $150k singleYes (full)Standard beneficiary.
Hourly worker, MAGI $150k–$275k singleYes (partial)Phase-out reduces $100 per $1,000 of MAGI above $150k.
Hourly worker, MAGI above $275k singleNoFully phased out.
Salaried exempt employeeNoFLSA does not require overtime pay; OBBBA does not reach exempt salaries.
Salaried non-exempt with paid OTYesVerify your W-2 separately reports the OT premium.
Independent contractor (1099)NoFLSA does not cover contractors.
Tipped workerPartialOT premium portion qualifies, but the regular rate calculation includes tip credit — check pay stubs carefully.
W-2 with no separate OT line (2025)MaybeAllowed under transition relief — compute the FLSA premium yourself from pay stubs.

How to Calculate Overtime for Taxes (2025–2028 Deduction Formula)

If you need to know how to calculate overtime for taxes — or how to calculate overtime pay for taxes when your 2025 W-2 does not list a separate box — follow this three-step 2025–2028 overtime tax deduction formula before entering your figure on Schedule 1-A:

Step 1

Find Your FLSA Qualified Overtime Premium (from W-2 or Pay Stubs)

Qualified OT = Regular Rate × 0.5 × FLSA OT Hours (or Total 1.5× OT Pay ÷ 3)

To calculate overtime on your W-2 for tax year 2025 (under IRS Notice 2025-69 transition relief), take your total 1.5× FLSA overtime pay and divide by 3 to isolate the 0.5× premium (or divide 2.0× FLSA double-time pay by 4). Starting in tax year 2026, employers report this exact figure in W-2 Box 12 with Code TT.

Step 2

Apply the Annual Cap & MAGI Income Limit Phase-Out

Effective Deduction = max(0, min(Qualified OT, $12,500 or $25,000) − floor(max(0, MAGI − $150k or $300k) ÷ $1,000) × $100)

The no tax on overtime income limit caps your deduction at $12,500 (single / head of household) or $25,000 (married filing jointly). Above $150,000 MAGI ($300,000 joint), your cap shrinks by $100 for every full $1,000 of excess MAGI until it reaches $0 at $275,000 ($550,000 joint).

Step 3

Multiply by Your Marginal Tax Bracket (Deduction vs. Tax Credit)

Federal Tax Savings = Effective Deduction × Marginal Federal Tax Rate (10%–37%)

Many filers search how to calculate the overtime tax credit, but IRC §225 is an above-the-line tax deduction (reducing taxable income), not a dollar-for-dollar tax credit. A $2,000 deduction in the 22% bracket saves $440 in federal income tax.

Worked Tax Savings Examples by Income Bracket

Average single worker · 22% bracket

$22/hr · 150 OT hrs · MAGI $60,000

$1,650 premium → $1,650 effective → $363 savings

Joint, entering phase-out · 22% bracket

$30/hr · 300 OT hrs · MAGI $310,000

$4,500 premium → $3,500 effective → $770 savings

High-income single, fully phased out · 32% bracket

$50/hr · 400 OT hrs · MAGI $280,000

$10,000 premium → $0 effective → $0 savings

Plug in your own numbers — the calculator handles caps, phase-out, and bracket interaction.

Estimate your deduction →

How to Claim the Overtime Tax Deduction on W-2 & Schedule 1-A

OBBBA's overtime tax deduction is claimed on Schedule 1-A, an attachment to Form 1040 introduced for tax year 2025. The form itself applies the $12,500 / $25,000 cap and MAGI phase-out automatically — your job is to enter the qualified OT amount.

Where to find qualified OT on your W-2

Tax year 2025

Optional (transition relief)

Under IRS Notice 2025-69, employers may use box 14 with any label, or omit the OT line entirely. If your 2025 W-2 doesn't list OT separately, that's compliant — use pay stubs to compute the FLSA premium yourself.

Tax year 2026 and later

W-2 box 12, code TT

Mandatory. Employers must report qualified overtime compensation in box 12 with code 'TT'. The amount in this box is what flows to Schedule 1-A.

Schedule 1-A Part III — four-step walkthrough

1

Open Schedule 1-A, Part III

Part III is the section dedicated to qualified overtime compensation under IRC §225.

2

Enter your qualified OT compensation

Line 14a = qualified OT from W-2 box 1 (matches box 12 code TT for 2026+). Line 14b = qualified OT from 1099-NEC box 1 or 1099-MISC box 3 (for non-employee contractor work that includes premium pay).

3

Let the form apply the cap and phase-out

The form caps the deduction at $12,500 (single) or $25,000 (joint), then reduces it by $100 for every $1,000 of MAGI above $150,000 (single) or $300,000 (joint). Fully phased out at $275,000 / $550,000.

4

Total flows to Form 1040 Line 13b

The final qualified-overtime deduction lands on Form 1040 Line 13b, where it reduces your taxable income.

Filing requirements

  • If you're married, you must file jointly to claim the deduction. Married Filing Separately (MFS) is not eligible.
  • Both spouses must have Social Security numbers valid for employment. ITINs alone do not qualify.
  • The deduction is in addition to the standard deduction — you don't have to itemize to claim it.

State Overtime Tax Rules: Does Your State Honor the Deduction?

A federal overtime deduction does not automatically mean a state overtime deduction. The rows below are limited to conclusions checked against government primary sources on the Sources date.

State rows last checked:

If your state hasn't adopted a matching subtraction, your state income tax still applies to the full overtime amount, even though your federal tax bill drops.
StateConformity StatusDetails & Statutory Rule
CaliforniaNon-conformFTB reports California does not conform to the IRC §225 overtime deduction — state income tax still applies to full overtime pay.
IndianaConform 2026 (single year)Indiana DOR Information Bulletin #128 allows a state deduction for qualified overtime for tax year 2026 only.
MichiganConform 2026–2028Public Act 24 of 2025 (approved 2025-10-07) allows a state deduction for IRC §225 qualified overtime for tax years 2026 through 2028.
WisconsinVeto sustained2025 Assembly Bill 461 (overtime income-tax subtraction) has status Veto Sustained — no state overtime subtraction from that bill is in effect.

States with no broad personal income tax (Texas, Florida & 6 more)

If you are asking "does overtime get taxed in Texas or Florida?", residents of these eight states already owe $0 state income tax on wages and overtime — so you get the full OBBBA federal overtime deduction with no state tax conformity issue:

AlaskaFloridaNevadaNew HampshireSouth DakotaTennesseeTexasWashington
Not in the verified list above (including NY and GA)? Search your state Department of Revenue for IRC §225 / OBBBA conformity bulletins. When in doubt, budget for state tax on the full OT amount until you confirm a state subtraction.

After 2028: The OBBBA Expiration Cliff

IRC §225 contains a hard sunset clause: "No deduction shall be allowed under this section for any taxable year beginning after December 31, 2028." There is no automatic renewal mechanism — the next decision lies entirely with Congress.

Watch the 2027-Q4 / 2028-Q1 legislative window

If extension or replacement legislation is going to happen, this is the realistic window. Track House Ways and Means Committee and Senate Finance Committee activity.

Plan for the cliff in your 2028 budgeting

If you've been counting on the deduction in your tax planning, treat 2028 as the last guaranteed year. OT earned in 2029 onward could revert to fully taxable at the federal level.

Re-evaluate state strategies

States that conformed temporarily (like Indiana for 2026) may not extend either. State conformity windows can close before — or after — the federal sunset.

Common Overtime Tax Misconceptions (Deduction vs. Tax Credit)

Search demand around OBBBA overtime tax rules is full of half-truths — including confusion between an overtime tax deduction and an overtime tax credit. Here are the biggest myths.

Myth: All my overtime pay is tax-free now.

Reality: Only the FLSA premium portion (the 0.5× half) is deductible. The straight-time portion is still taxed normally.

Myth: Social Security and Medicare are also waived on overtime.

Reality: FICA payroll taxes (Social Security 6.2% + Medicare 1.45%) still apply to your full overtime pay, premium and all. OBBBA only affects federal income tax.

Myth: My state will also exempt overtime from tax.

Reality: Not automatically. California FTB reports nonconformity; Wisconsin AB 461 is veto-sustained; Indiana is 2026-only; Michigan covers 2026–2028. Check your state's Department of Revenue for the current year.

Myth: I'm a salaried employee, so I qualify automatically.

Reality: Salaried-exempt employees aren't entitled to overtime under FLSA, so OBBBA doesn't reach them. Only FLSA non-exempt employees qualify, regardless of salary or hourly classification.

Myth: I'm an independent contractor (1099), so I qualify.

Reality: FLSA does not cover independent contractors. OBBBA inherits FLSA's coverage scope, so 1099 contractors don't qualify — even if they receive premium-rate work.

Myth: It's automatic — my employer handles the deduction.

Reality: You claim the deduction yourself on Schedule 1-A when you file. Employers report the OT amount on your W-2 (box 12 code TT from 2026 onward); the IRS doesn't apply the deduction without you filing it.

Myth: It will continue forever once it's law.

Reality: IRC §225 sunsets December 31, 2028. There's no automatic extension; Congress must pass new legislation to continue it past that date.

Ready to calculate your 2025–2028 overtime tax deduction?

Use the No Tax on Overtime Calculator to apply the $12,500 / $25,000 cap, MAGI phase-out, and marginal tax bracket in real time — or start with our standard Overtime Pay Calculator if you need to figure out your gross 1.5x pay first.

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Frequently Asked Questions

Tax year 2025 is the first year covered. You claim the deduction when filing your 2025 return in early 2026. Overtime earned from January 1, 2025 onward qualifies, even though OBBBA wasn't signed until July 4, 2025.