12/12/2025
The One Big Beautiful Bill Act (OBBBA), signed into law last July introduced significant changes to the tax
law. One of those changes is pertaining to qualified overtime pay.
From 2025 to 2028, individuals receiving qualified overtime compensation can deduct the portion of their pay
that exceeds their regular rate. This typically refers to the “half” portion of “time-and-a-half” compensation, as
defined by the Fair Labor Standards Act (FLSA) and reported on Form W-2, Form 1099, or other specified statements.
The Act does not limit the number of hours employees aged 16 and older may work weekly. Additionally, the FLSA does not require overtime pay for work on weekends, holidays, or regular days off unless overtime is worked.
a) The maximum annual deduction is $12,500 for individuals and $25,000 for joint filers
b) Deduction phases out for modified adjusted gross incomes exceeding $150,000 ($300,000 for joint filers).
c) This deduction is available to both itemizing and non-itemizing (standard) taxpayers.
For example, if an employee's regular rate is $20 per hour and they work 45 hours, their overtime rate would be $30 per hour. Only the $10 extra per hour for the five overtime hours qualifies as "qualified overtime" for the deduction.
To assist with this process, please include your final pay stub for 2025 or a statement from your employer for the year with your tax documents.
Please note starting in 2026, you will not be asked to provide a paystub as the employer will be mandated to
disclose overtime pay separately in box 12 of your W-2.
Thank you for your attention to this important matter.