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No Tax on Overtime Explained: Who Qualifies and How Much You Save

Updated 2026-10-03 Β· Reviewed against official government sources

"No tax on overtime" is a federal income tax deduction created by the One Big Beautiful Bill Act (Public Law 119-21, section 70202) for tax years 2025 through 2028. It is narrower than the slogan: you deduct only the premium part of overtime required by the Fair Labor Standards Act (the "half" in time-and-a-half), up to $12,500 a year ($25,000 on a joint return), and the deduction phases out above $150,000 of modified AGI ($300,000 joint). Overtime is still subject to Social Security, Medicare and, in many states, state income tax. Here is how it works, with examples.

What counts as qualified overtime

Qualified overtime compensation is overtime pay required by section 7 of the FLSA that exceeds your regular rate. In practice, that is the extra half-rate you earn for hours over 40 in a workweek as a non-exempt employee. If you earn $30 an hour and get $45 for overtime hours, only $15 per overtime hour qualifies. Your base $30 for those hours is taxed normally.

  • Exempt salaried employees who are not entitled to FLSA overtime do not have qualified overtime, even if their employer pays them extra for long weeks.
  • Overtime required only by state law (such as daily overtime after 8 hours) or by a union contract does not count unless the FLSA also requires it.
  • If your employer pays double time, only the FLSA-required half-time premium counts. IRS guidance gives the example of $20,000 of double-time pay producing $5,000 of qualified overtime ($20,000 divided by 4).
  • You need a Social Security number valid for employment, and married couples must file jointly.

Limits and phaseout

The maximum is reduced by $100 for each $1,000 of modified AGI above the threshold. A single filer with $180,000 of MAGI loses $3,000 of the cap (30 x $100), so the most they can deduct is $9,500. The deduction applies only for tax years 2025, 2026, 2027 and 2028 unless Congress extends it.

Filing statusMaximum deductionPhaseout begins (MAGI)Fully phased out at
Single, head of household$12,500$150,000$275,000
Married filing jointly$25,000$300,000$550,000
Married filing separatelyNot allowed--

Worked examples

Example 1, single: Alex earns $30 an hour ($62,400 base) and works 300 overtime hours at $45, for $13,500 of overtime pay and $75,900 total wages in 2026. Qualified overtime is the premium: 300 x $15 = $4,500 (equivalently $13,500 / 3). Without the deduction, taxable income is $59,800 and federal income tax is $7,868. With it, taxable income is $55,300 and tax is $6,878. Savings: $990, which is $4,500 x Alex's 22% marginal rate.

Example 2, married filing jointly: two hospital workers have $14,000 of combined FLSA overtime premium and $160,000 of MAGI. They are under the $25,000 cap and the $300,000 threshold, so they deduct all $14,000. At their 22% bracket, that saves about $3,080.

Example 3, high overtime: a single lineworker has $45,000 of overtime premium and $140,000 of MAGI. The deduction is capped at $12,500, saving $3,000 at a 24% marginal rate.

How to claim the overtime deduction

You claim it on Schedule 1-A of Form 1040, and you do not need to itemize. It reduces taxable income, not adjusted gross income. For 2025, employers were not required to report qualified overtime separately, so the IRS allowed reasonable methods: use an amount your employer provided (for example in W-2 box 14 or a separate statement), or figure the premium from pay stubs. If you know only total overtime pay at time-and-a-half, dividing by 3 gives the premium. Keep the records you used.

For 2026 and later, employers must report qualified overtime on Form W-2, box 12, code TT (Form 1099-NEC box 1d or 1099-MISC box 14 for non-employees). You can also lower your paycheck withholding now by entering estimated qualified overtime on line 1b of the 2026 Form W-4 Deductions Worksheet.

What the deduction does not do

  • It does not remove Social Security (6.2%) or Medicare (1.45%) tax from overtime.
  • It does not change how much your employer withholds unless you update your W-4.
  • It does not automatically apply to state income tax; each state decides whether to conform.
  • It does not reduce AGI, so it does not help with AGI-based limits such as the medical expense floor.

Common overtime scenarios

Public safety employees and other groups covered by special FLSA overtime rules (such as section 7(k) work periods for police and firefighters) can qualify for the FLSA-required premium. The IRS guidance on 2025 overtime includes methods for these cases. If your employer reports an amount in W-2 box 12 code TT, use that figure for 2026.

SituationQualifies?Qualified amount
Hourly worker, 1.5x for hours over 40 per weekYesThe 0.5x premium: one third of total overtime pay
Employer pays 2x for weekend hours that are also over 40PartlyOnly the FLSA-required 0.5x premium
State daily overtime (over 8 hours) in a week under 40 total hoursNo$0, not required by the FLSA
Exempt salaried manager paid a bonus for extra hoursNo$0
Independent contractor paid a higher rate for rush workNo$0, the FLSA overtime rules cover employees

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Frequently asked questions

Is overtime tax-free now?

Partly. For 2025 through 2028 you can deduct the FLSA-required premium portion of overtime, up to $12,500 ($25,000 joint), from federal taxable income. The rest of your overtime pay, and Social Security and Medicare on all of it, is still taxed.

How much of my overtime is deductible?

Only the amount above your regular rate. With time-and-a-half, that is one third of your total overtime pay. If you earned $9,000 of overtime pay at 1.5x, $3,000 is qualified overtime.

Do salaried employees qualify for no tax on overtime?

Only if they are non-exempt under the FLSA and actually receive FLSA-required overtime. Exempt salaried employees do not qualify, even if paid extra for extra hours.

Does California daily overtime count?

Only the part that is also required by the federal FLSA, which generally means hours over 40 in a workweek. Overtime required solely by state law or a union contract does not qualify.

Where is qualified overtime shown on my W-2?

For 2026 and later, in box 12 with code TT. For 2025, employers could report it in box 14 or a separate statement, or you could calculate it from pay stubs.

How much will no tax on overtime save me?

Multiply your qualified overtime (up to the cap) by your marginal tax rate. $5,000 of qualified overtime saves $600 in the 12% bracket and $1,100 in the 22% bracket.

When does the overtime deduction expire?

It applies to tax years 2025 through 2028. Unless Congress extends it, it ends after December 31, 2028.

Sources

Figures are taken from official government publications and were last reviewed on 2026-10-03.

  1. IRS: Questions and answers about the deduction for qualified overtime compensation
  2. IRS: Guidance for individuals who received tips or overtime during tax year 2025
  3. IRS Notice 2025-69
  4. IRS: Working Families Tax Cuts, individuals and workers
  5. IRS Form 1040-ES (2026), Estimated Tax for Individuals
  6. Congress.gov: H.R. 1 / Public Law 119-21 (One Big Beautiful Bill Act)
  7. U.S. Department of Labor: Overtime pay