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No Tax on Overtime: How the Overtime Deduction Works (2025–2028)

Updated · 2 min read

The federal deduction for qualified overtime pay from the 2025 tax law: who qualifies, the $12,500 limit, income phase-out, what counts as qualified overtime, and an example.

The 2025 federal tax law (often called the One Big Beautiful Bill Act) created a temporary income-tax deduction for qualified overtime pay for tax years 2025 through 2028. It's not an exemption from withholding or payroll taxes — it's a deduction you claim on your federal return.

The key numbers

  • Up to $12,500 per year ($25,000 for married couples filing jointly).
  • Phases out for modified adjusted gross income over $150,000 ($300,000 joint).
  • Available whether or not you itemize; you need a valid Social Security number, and married couples must file jointly.
  • Social Security and Medicare taxes still apply to overtime pay.

What counts as "qualified overtime"

Only the premium part of overtime required by the federal FLSA — the "half" in time and a half. If you earn $20 an hour and work 10 overtime hours at $30, the qualified amount is 10 × $10 = $100, not $300. Overtime paid only because of a state law, a union contract or company policy (for example, daily overtime under a state rule) may not qualify. Check the IRS guidance for your situation.

Example

A worker earning $25/hour averages 6 overtime hours a week for 50 weeks: 300 hours × $12.50 premium = $3,750 deduction. In the 12% bracket that's roughly $450 less federal income tax.

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Skip the math. Enter your times in the free time card calculator — lunch, overnight shifts and overtime by state included.

For 2025, employers didn't have to report qualified overtime separately, so workers calculated it themselves (Schedule 1-A instructions). From 2026, employers are expected to report it on Form W-2. Either way, your own record of overtime hours lets you check the number. This page is general information, not tax advice.

Quick answers

Is overtime tax free now?

Not entirely. From 2025 to 2028 you can deduct up to $12,500 of qualified overtime premium pay from federal taxable income; payroll taxes still apply.

What part of overtime is deductible?

The premium portion required by the FLSA — the extra half of time and a half — not the whole overtime paycheck.