07/16/2025
Overtime Pay
🧾 What the New Law Actually Does
1. Not a full exemption, but a deduction
The “no tax on overtime” isn’t truly tax-free—it’s an above-the-line deduction under the One Big Beautiful Bill (OBBBA), signed into law on July 4, 2025
2. Effective for tax years 2025–2028
Applies to overtime pay received after January 1, 2025, through December 31, 2028 .
3. Eligibility criteria
o Applies only to non exempt (hourly) employees under FLSA.
o Phases out for individuals earning over $100 K, heads of household over $150 K, and couples filing jointly over $200 K
4. Cap per filer
o Individuals can deduct up to $12,500 of overtime pay.
o Couples filing jointly up to $25,000
5. Does NOT affect payroll taxes
o Still subject to Social Security and Medicare withholding.
o You must track and report overtime separately on W 2s using updated payroll tables
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💡 What This Means for Clients
Step Action Impact
1 Identify eligible employees Hourly workers earning regular overtime.
2 Adjust payroll systems now To separately track overtime and apply new withholding.
3 Communicate the change Explain the deduction, income caps, and limited duration.
4 Plan for four years Overtime deduction available only through 2028—clients should assess long-term impacts.
🛠🏼 Employers should start revising payroll workflows and W 2 processes now. Employees should verify overtime amounts next year and ensure deductions are claimed properly on 2025 returns (filed in 2026).
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🔍 Summary for Clients (Bullet Point Version)
• ✅ Overtime pay receives a deduction from federal income tax—not full exemption.
• 🗓️ Applies to earnings from Jan 1, 2025, through Dec 31, 2028.
• 💰 Up to $12,500 (single) or $25,000 (joint) can be deducted.
• ⛔ Payroll taxes (Social Security, Medicare, State) still apply.
• 📋 Employers must update payroll systems and W 2 reporting.
• ⚠️ Income caps phase out benefit for higher earners.
We will share more details and updates as we have them.