12/13/2025
Key IRS Overtime Rules for the 2025-2028 Tax Years
Federal Income Tax Deduction: Eligible individuals can deduct the portion of their overtime pay that exceeds their regular rate of pay (the "half" in "time-and-a-half" pay).
Deduction Limits: The maximum annual deduction is $12,500 for single filers and $25,000 for married couples filing jointly.
Income Phase-Outs: The deduction begins to phase out for taxpayers with a modified adjusted gross income (MAGI) over $150,000 (single filers) or $300,000 (joint filers).
Eligibility: The overtime must be required under the federal Fair Labor Standards Act (FLSA). This generally means compensation for hours worked over 40 in a workweek. Overtime paid under more generous state laws or employer policies may not qualify for the federal deduction.
F**A and Medicare Taxes: Overtime pay remains subject to Social Security and Medicare taxes (F**A). The deduction only applies to federal income tax.
Availability: The deduction is available to both taxpayers who itemize and those who take the standard deduction.
Guidance for Tax Year 2025
For the 2025 tax year, the IRS has provided transition relief because tax forms (like Form W-2) were not updated in time to separately report the qualified overtime amount.
Employer Reporting: Employers are not penalized for failing to separately report qualified overtime for 2025, but they are encouraged to provide this information to employees.
Employee Reporting: Taxpayers must use a "reasonable method" to determine their qualified overtime amount to claim the deduction. The IRS has issued Notice 2025-69 with examples of how to calculate this, such as using one-third of the total overtime compensation if paid at time-and-a-half and the premium portion wasn't listed separately.
Withholding: Initially, the deduction will primarily result in a larger tax refund, as federal income tax withholding procedures were not updated for 2025. Updated W-4 forms for 2026 will allow employees to adjust their withholding in advance.
For more details, refer to the official IRS guidance on the One, Big, Beautiful Bill Act provisions. You can also find general information on federal overtime provisions from the U.S. Department of Labor.