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IRC §225 · Qualified overtime

No Tax on Overtime Deduction

Short answer

For tax years 2025 through 2028, eligible taxpayers may deduct up to $12,500 of qualified overtime compensation, or up to $25,000 on a joint return.

The deduction generally covers the premium above the regular rate that is required by the federal Fair Labor Standards Act—not every dollar earned during overtime hours.

Current as of: September 27, 2026 Sources: official government authority

Key facts

The figures and limits at a glance

Maximum deduction

$12,500

$25,000 for a joint return. The joint limit is per return, not per spouse.

Available years

2025–2028

The temporary deduction applies to qualified overtime compensation during these tax years.

Phaseout begins

$150k / $300k

MAGI threshold for non-joint returns / married filing jointly.

Only the qualifying overtime premium is deductible

Qualified overtime compensation is the amount paid above the employee’s regular rate as required by section 7 of the Fair Labor Standards Act. With standard time-and-a-half pay, that generally means the extra half-time premium—not the employee’s full overtime wages.

  • →Overtime paid only because of state law, a union agreement, or an employer policy does not qualify unless it is also required by the federal FLSA rule.
  • →If a worker receives a larger premium, the deduction still focuses on the amount required under the FLSA.
  • →The compensation remains reportable wages and generally remains subject to employment taxes.

Who can claim the deduction

An eligible individual may claim the deduction whether itemizing or using the standard deduction. The taxpayer must satisfy the identification, filing-status, reporting, and income rules in IRC §225.

  • →The individual receiving the qualified overtime must have a valid Social Security number.
  • →Married taxpayers must file a joint return to claim the deduction.
  • →The deduction is reduced when modified adjusted gross income exceeds $150,000, or $300,000 for a joint return.

Questions and answers

What practitioners ask next

Does the deduction cover all overtime pay?

No. It covers qualified overtime compensation required under section 7 of the FLSA, generally the premium above the employee’s regular rate. It does not generally cover the regular-pay portion of overtime hours.

What is the maximum overtime deduction?

The maximum is $12,500 per individual return or $25,000 on a joint return, before the income phaseout.

Is overtime exempt from payroll tax?

No. The provision is an income-tax deduction. Qualified overtime generally remains wages for withholding, Social Security, Medicare, and unemployment-tax purposes.

Can a taxpayer claim the deduction without itemizing?

Yes. Eligible taxpayers may claim the qualified-overtime deduction whether they itemize or use the standard deduction.

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