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No Tax on Overtime, Explained

What the law actually says, whether it's really passed, what counts as "qualified" overtime, and what it's worth to you — in plain English, not legislative language.

Reviewed by Saurabh Sharma and Ashay Saraswat · last verified August 30, 2026 against IRS guidance.

Short answer: "No tax on overtime" is a new federal tax deduction, not a full exemption. For tax years 2025 through 2028, you can deduct up to $12,500 (single) or $25,000 (married filing jointly) of the premium portion of your FLSA-required overtime pay from your federal taxable income — not the whole overtime paycheck, and not a change to how much is withheld from your pay during the year. It's already law: it passed as part of the One, Big, Beautiful Bill Act (OBBBA), signed July 4, 2025, and applies retroactively to overtime earned starting January 1, 2025.

Is it a real, passed law?

Yes. There's no separate "no tax on overtime bill" you need to track — it's one provision inside the One, Big, Beautiful Bill Act (OBBBA), a much larger tax and spending law that passed Congress and was signed by President Trump on July 4, 2025. The same law also created the "no tax on tips" deduction and a new deduction for car loan interest. All three work the same basic way: an above-the-line federal income tax deduction, not a payroll tax cut and not a full exemption.

Because it's already signed and in effect, questions like "did the no tax on overtime bill pass" or "did the Senate pass no tax on overtime" have a settled answer: yes, in July 2025. What's still evolving is implementation detail — the IRS published the new Schedule 1-A form and Box 12/14 W-2 reporting codes afterward, through 2025 and into 2026, and some fine points (like the car loan interest phase-out rate) were still being finalized as of this writing. The core overtime and tips deduction rules, however, are settled.

Is it in effect now, and does it cover 2025?

Yes on both counts. The deduction applies retroactively to overtime pay earned starting January 1, 2025, even though OBBBA wasn't signed until July 2025 — so overtime you already worked earlier in 2025 still qualifies. It runs through tax year 2028 and is scheduled to expire after that unless Congress extends it.

2025 was a transition year for reporting: the IRS gave employers penalty relief under Notice 2025-62, and most 2025 W-2s don't have a dedicated overtime code on them the way 2026 W-2s will (Box 12 codeTT). That doesn't mean 2025 overtime doesn't qualify — it just means you'll likely need to work out your qualified overtime amount from your pay stubs or hours records rather than reading it off a single W-2 box. You claim the deduction on your 2025 return (filed in early 2026) using the new Schedule 1-A; it isn't refunded automatically and it doesn't change your paycheck during the year. Seehow to claim it on Schedule 1-Afor the filing mechanics.

What counts as "qualified overtime" — and why it's not your whole overtime paycheck

This is the single biggest point of confusion around this deduction, and it's worth being precise about. "Qualified overtime compensation" is only the premium portion of time-and-a-half pay — the extra "half," not the full 1.5× rate.

Say your regular hourly rate is $22 and you work overtime at time-and-a-half, or $33/hr. Your full overtime paycheck for those hours is $33 × hours worked. But the qualified portion this deduction actually applies to is just the premium: $22 × 0.5 = $11 per overtime hour. Work 240 overtime hours in a year at that rate, and your full overtime pay is $7,920 — but your qualified overtime is only $2,640. That $2,640 figure, not the $7,920 you were actually paid, is what counts toward the deduction cap.

This is exactly why the calculatorasks for your hourly rate and hours, your total overtime pay, or your W-2 code TT amount separately, rather than just "how much overtime did you get paid" — those three inputs derive the same qualified figure three different ways, and getting the derivation right is the whole ballgame.

What is FLSA overtime, and how is overtime calculated?

The Fair Labor Standards Act (FLSA) is the federal wage-and-hour law that sets the baseline overtime rule almost every hourly employee in the US is covered by: for most non-exempt employees, any hours worked past 40 in a single workweek must be paid at 1.5× the employee's regular rate. That's the definition this deduction is built on — only FLSA-required overtime qualifies.

"FLSA overtime" specifically means overtime required by that federal law, as opposed to overtime that's only required by a state law, a union contract, or a voluntary company policy. Most of the time these overlap completely — if you work 45 hours in a week for a typical hourly job, the 5 extra hours are FLSA overtime, full stop. But a handful of states layer extra overtime rules on top of the federal one (most notably California's daily-overtime and double-time rules), and in those states some of what shows up as "overtime" on a paycheck is state-mandated, not FLSA-required, and doesn't qualify for this federal deduction. SeeFLSA vs. state overtime and this deductionfor the full breakdown, and thestate-by-state guidefor how your specific state's rules interact with it.

Salaried employees classified as "exempt" under the FLSA — generally certain executive, administrative, professional, and highly compensated roles — aren't entitled to FLSA overtime pay at all, so they typically have no qualified overtime to deduct, regardless of how many hours they actually work. Seesalaried employees and this deductionfor who's affected.

The caps and the income limit

The maximum deduction is $12,500 for single or head-of-household filers, or $25,000 for married couples filing jointly — and that joint figure applies once per return, not per spouse, even if both spouses had qualified overtime. Above $150,000 MAGI (single/HoH) or $300,000 MAGI (married filing jointly), the cap starts shrinking by $100 for every full $1,000 your MAGI is over that threshold, per the actual IRS Schedule 1-A worksheet math. It reaches $0 entirely at $275,000 single or $550,000 married filing jointly. Above those figures, there's no partial deduction left to claim.

A valid Social Security number is required on the return, and married taxpayers must file jointly — married filing separately can't claim this deduction at all, regardless of income. Seewho qualifies for the deductionfor the complete eligibility picture, or run your own numbers throughthe calculator.

It doesn't touch your paycheck withholding

Nothing about this deduction changes what's withheld from your paycheck during the year. Federal income tax, Social Security (6.2%), and Medicare (1.45%) are all still withheld on your full wages, overtime premium included, exactly as before. The deduction only shows up when you file your return: it reduces your taxable income, which reduces your federal tax liability, which typically means a larger refund or a smaller balance due — not a bigger paycheck today.

When it expires

The deduction covers tax years 2025 through 2028 and is currently scheduled to expire after that unless Congress passes an extension. Treat it as a multi-year benefit, not a permanent change to how overtime pay is taxed.

This is general information, not tax advice, based on published IRS guidance for tax years 2025–2028. Your actual deduction depends on your full return. Confirm with a tax professional or the IRS before filing. Every calculator linked from this page runs entirely in your browser — nothing you enter leaves your device.

Frequently asked questions

"No tax on overtime" — is that a real law, and has it passed?

Yes. It's a provision of the One, Big, Beautiful Bill Act (OBBBA), which passed Congress and was signed into law on July 4, 2025. It isn't a standalone "no tax on overtime bill" — it's one deduction inside a much larger tax law, alongside the "no tax on tips" and car loan interest deductions. It has already passed; there's nothing left pending a vote.

Is no tax on overtime in effect right now?

Yes, retroactively to the start of tax year 2025. If you worked qualifying overtime any time in 2025, it counts, even though the law wasn't signed until partway through the year. It's scheduled to run through tax year 2028.

Will I get my 2025 overtime taxes back?

You can claim the deduction on your 2025 tax return, filed in early 2026, using the new Schedule 1-A. It doesn't come back automatically or show up in your paycheck. You claim it when you file, and it reduces your taxable income for the year, which typically means a bigger refund or a smaller balance due.

What is FLSA overtime, in plain English?

The Fair Labor Standards Act (FLSA) is the federal law that requires most hourly ("non-exempt") employees to be paid 1.5 times their regular rate for hours worked past 40 in a single workweek. That's the baseline definition of overtime this deduction is built around. Overtime required only by a state law, a union contract, or a company policy — not by the FLSA itself — is a different thing and doesn't qualify for this deduction, even though it's still real overtime pay.

Is overtime taxed at a higher rate than regular pay?

No — there's no special higher tax rate on overtime pay itself. It's taxed as ordinary wages, at your normal marginal rate. Overtime paychecks can feel more heavily taxed because payroll withholding software often annualizes a single big paycheck, assuming you'll earn that much every pay period, which over-withholds. Any excess comes back at tax time as part of your refund, separately from this deduction.

What's the income limit for the no tax on overtime deduction?

The deduction starts phasing out above $150,000 modified adjusted gross income (MAGI) if you're single or head of household, or $300,000 if you're married filing jointly. It's reduced by $100 for every $1,000 (or part of $1,000) your MAGI is over that threshold, and it's fully phased out to $0 at $275,000 single or $550,000 MFJ.

Does the no tax on overtime deduction cover my whole overtime paycheck?

No. It only covers "qualified overtime compensation," which is just the extra premium amount — the "half" in time-and-a-half — not the full overtime paycheck. A worker earning $20/hr regular and $30/hr overtime has $10/hr of qualified overtime, not $30/hr. This is the single most common misunderstanding people have about this deduction.

Does state-mandated overtime, like in California, qualify?

Only overtime required by the federal FLSA counts — generally hours over 40 in a week. States with their own daily-overtime rules, most notably California (over 8 hours in a day, double-time over 12), can pay out overtime that's required by state law rather than FLSA, and that portion doesn't qualify for this federal deduction even though it appears as overtime on the paycheck.