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🕒 Tax-Free Overtime Pay? Cool… If You Can Actually Get It

  • Writer: Mary Milner, CPA
    Mary Milner, CPA
  • Aug 12
  • 4 min read

Updated: Aug 22

Starting this year, a shiny new rule from the July 4th tax law promises to make overtime pay tax-free. Sounds amazing, right? Like the IRS handing you a raise without lifting a finger. But (and you knew there was a “but”)… it’s not nearly as simple as “work more hours, pay less tax.”


Here’s the deal:


🎯 Who Actually Qualifies?

Under the One Big Beautiful Bill Act (OBBBA), workers can take a new above-the-line deduction for qualified overtime pay—but only the overtime premium counts (the “half” in “time-and-a-half” required by the Fair Labor Standards Act).


Example: If your regular rate is $20 and your overtime rate is $30, only the $10 premium per OT hour is deductible.


So you nurses, truck drivers, emergency responders, and skilled trades pros… if you're clocking serious overtime, the new OBBBA deduction could put thousands back in your pocket. Don’t miss this opportunity to make your long hours work harder for you!


🧵 Strings Attached

There is an income cap on the Overtime Deduction. The deduction tops out at $12,500 per year ($25,000 if married filing jointly) and begins to phase out at $150,000 MAGI ($300,000 MFJ). So if you make too much, that "free money" disappears faster than ice cream on a hot summer day!


If you are salaried, exempt from overtime rules, or your employer calls extra hours a “bonus” instead of overtime, you are out of luck.


The deduction only targets your federal income tax. Unfortunately, Uncle Sam's other relatives (Social Security tax, Medicare tax, and most state taxes) still want their cut of your overtime pay!


Translation: this is not a universal tax cut. It is a very specific carve-out for hourly workers who are eligible for overtime pay and fall under the income limit.


😬 The Messy Part

Let’s be honest. The IRS loves a good eligibility puzzle, and this one is complicated. Employers will need to track which payments qualify, payroll software must keep up, and you might see some “creative” pay coding to fit the rules.


Bottom line: expect a lot of trial and error and possibly amended W‑2s before this one runs smoothly.


🛠 What You Can Do

  • Double-check your pay stubs. If you are eligible for the tax-free overtime, make sure it is actually being calculated correctly.

  • Ask HR before tax season. Payroll departments are about to be very popular, so bring them coffee and questions.

  • Plan for the IRS lag. Refunds could get weird the first year while the system adjusts. Do not spend it before you see it.


💡 The Big Picture

“No tax on overtime” sounds like a dream headline. In reality, it is a highly targeted tax tweak. For the workers who qualify, it is a win. For everyone else, it is just another reminder that tax laws are like IKEA furniture. They look simple until you try to assemble them.


So, celebrate if you are in the club! Just don't expect everything to run smoothly yet—the IRS is still working out the kinks, and payroll departments are sure to be pulling their hair out over how to handle this on W-2s.


📈 Maximizing Your Benefits

Now that you know the basics, let’s dive deeper into how you can make the most of this new deduction.


Understand Your Pay Structure

First things first, take a close look at your pay structure. Knowing how your overtime is calculated can help you maximize your deductions. If you’re unsure, don’t hesitate to ask your HR department for clarification. They’re there to help!


Keep Detailed Records

Keeping track of your hours and pay can be a game-changer. Maintain a detailed record of your overtime hours and the corresponding pay. This will not only help you ensure that you’re being compensated correctly but also make it easier when tax season rolls around.


Consult a Tax Professional

Navigating tax laws can feel like trying to find your way out of a corn maze. If you’re feeling overwhelmed, consider consulting a tax professional. They can provide personalized advice tailored to your situation, ensuring you don’t miss out on any deductions.


Stay Informed

Tax laws can change faster than the weather in Indiana! Stay informed about any updates or changes to the OBBBA. Regularly check reliable sources or subscribe to tax newsletters to keep your knowledge fresh.


Network with Peers

Sometimes, the best advice comes from those who are in the same boat. Connect with fellow small business owners or employees in your field. Share insights and tips on how to navigate the new tax landscape.


🎉 Celebrate Your Wins!

If you’re one of the lucky few who qualify for the tax-free overtime deduction, celebrate! Treat yourself to a little something nice. After all, you’ve earned it! Just remember to keep your expectations in check. The IRS is still figuring things out, and it might take a bit of time before everything runs smoothly.


Want us to keep an eye on the IRS fine print and translate it into plain English? (With sarcasm included, obviously.) That is literally what we do.


🧾 Taxish. Real tax help that doesn’t suck.™

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