How the deduction works
The deduction is claimed on the new Schedule 1-A and lowers your taxable income, whether you take the standard deduction or itemize. Only the premium part of your overtime counts: the "half" in time-and-a-half. If your regular rate is $28 an hour, each overtime hour pays $42 and $14 of it is qualified overtime.
The deduction is capped at $12,500 per return, or $25,000 on a joint return (a combined limit, not per spouse). Above $150,000 of modified adjusted gross income ($300,000 for joint returns), it shrinks by $100 for every full $1,000 over the line. Married couples must file jointly to claim it.
Example: a single filer has $14,000 of overtime premium and $172,500 of income. The premium is capped at $12,500. Income is $22,500 over the line, which is 22 full $1,000 steps, so the deduction drops by $2,200 to $10,300.
What counts as qualified overtime
It has to be overtime the Fair Labor Standards Act (FLSA) requires, which generally means pay for hours over 40 in a workweek, paid to an employee who is covered by the FLSA and not exempt from its overtime rules. Common exemptions include many executive, administrative and professional employees, so their overtime does not qualify.
Extra pay above time-and-a-half (for example, the extra in double time), weekend or holiday premiums when you did not work more than 40 hours, overtime that only state law or a union contract requires, and tips are not qualified overtime. You (or your spouse, if the overtime is theirs) need a Social Security number that is valid for work.
Questions
Is overtime pay tax free now?
No. You can deduct only the premium part, the extra half of time-and-a-half, up to $12,500 ($25,000 joint). The rest of your overtime pay is taxed as usual.
Do I still pay Social Security and Medicare tax on overtime?
Yes. The deduction only lowers federal income tax. Payroll taxes on your overtime stay the same.
Can married couples filing separately claim it?
No. If you are married, you must file a joint return to claim the overtime deduction.
I get double time. How much counts?
Only the half that the FLSA requires. If you were paid $20,000 at double time, your regular pay for those hours is $10,000, time-and-a-half would be $15,000, and $5,000 counts.
Do I have to itemize to claim it?
No. It is claimed on Schedule 1-A and works with the standard deduction too.
Does everyone who gets overtime qualify?
No. You must be covered by the FLSA and not exempt from its overtime rules. Many executive, administrative, professional and outside sales jobs are exempt, so ask your employer whether you are FLSA nonexempt.
How long does the deduction last?
It applies to tax years 2025 through 2028 and ends after 2028 unless Congress extends it.
Sources
- IRS: What to know about the No Tax on Overtime deduction
- IRS: Tax deductions for working Americans and seniors (FS-2025-03)
- IRS: Schedule 1-A (Form 1040), 2025
- IRS: Instructions for Form 1040 (2025), Schedule 1-A
- IRS: Notice 2025-69, qualified tips and overtime for 2025
- IRS: Questions and answers on qualified overtime (FS-2026-13)
Updated November 3, 2026. Estimates only, not tax or financial advice.