Home / Blog / One Big Beautiful Bill Act : No Tax on Overtime Pay 2025-2028

One Big Beautiful Bill Act : No Tax on Overtime Pay 2025-2028

By: | August 4, 2025 14 min read
one big beautiful act in us

On July 4, 2025, President Donald Trump signed a groundbreaking bill into law to create an equitable and prosperous future for working-class Americans. The One Big Beautiful Bill Act (OBBBA) reshapes how overtime pay, and tips are taxed—turning years of frustration into a win for workers.

This legislation aims to fulfill promises to lower taxes, increase take-home income, and preserve more of what workers earn. For Americans, it should mark a watershed moment in the economic history—a recommitment to rewarding hard work and opportunity for all.

Now, it has nearly doubled the standard deduction and boosted child tax credits, easing the financial load for families.
More than that, this law fulfilled campaign promises and sent a clear message: hard work matters, and going the extra mile now truly pays off for American families and workers nationwide.

So, you must have got a gist about the law till now, so now let’s get in-depth!

What Is the No Tax on Overtime Act?

The No Tax on Overtime Act is a major federal tax reform provision. It is part of the One Big Beautiful Bill Act, signed on July 4, 2025.
No Tax on Overtime Act gives tax relief to workers who put in extra hours.

Effective for tax years 2025 through 2028, it allows eligible employees to deduct up to $12,500 of qualified overtime pay ($25,000 for married couples filing jointly) from their federal taxable income. This deduction covers only the extra half of overtime pay required by the Fair Labor Standards Act (FLSA).

It applies to nonexempt employees whose overtime pay meets FLSA rules. The deduction phases out for individuals with incomes above $150,000 and joint filers above $300,000.

Overtime pay still pays Social Security, Medicare, and possibly state taxes. To claim it, taxpayers need a valid Social Security number. And married couples must file jointly.

Employers must also report qualified overtime separately on W-2s and similar forms. During the first year, they may estimate this amount using reasonable methods. Workers and employers should keep good records to qualify.

This deduction lasts until the end of 2028. It aims to fulfill a campaign promise to reduce taxes on overtime pay.
The Act encourages overtime work by increasing the reward. It is designed to help middle- and working-class families. This fits with broader reforms that expand deductions and increase take-home pay for those who work extra hours.

When does no tax on overtime start

No, Tax on Overtime Act officially takes effect from January 1, 2025, despite being signed into law on July 4, 2025. This means that overtime pay earned from 2025 to 2028 qualifies for the new tax deduction. In 2025, workers who earned overtime can deduct it from their taxes.

When does no tax on overtime END

The qualified overtime pay deduction expires December 31, 2028, unless Congress extends it.  So, early 2029 will be the last tax return to claim this deduction.  The tax benefit will expire in 2028, so workers and employers must plan beforehand.

How Does No Tax on Overtime Work?

The OBBBA lets workers deduct the extra “bonus” part of their overtime pay from their federal taxable income, lowering their tax bill and possibly increasing their refund. Employers must now list this overtime amount separately on W-2 forms and keep accurate payroll records to help workers claim the benefit.

Besides, the other key points for employers to-be noted include:

  • Separate Reporting Required: You must report the premium overtime pay separately on W-2 forms to identify the deductible portion.
  • No Change to Payroll Withholdings: Continue withholding federal income, Social Security, and Medicare taxes on all wages as usual; employee paychecks stay the same during the year.
  • Record-Keeping: Maintain detailed records of overtime hours and pay rates to ensure correct reporting.
  • Employee Classification: Consider reclassifying some exempt employees as nonexempt to enable overtime pay deductions, which may affect payroll policies.
  • Income Phase-Out Monitoring: Track employees nearing the deduction income limits of $150,000 (single) and $300,000 (joint) as the deduction phases out beyond these thresholds.
  • Temporary Provision: These reporting and compliance duties apply for tax years 2025 through 2028, so adjust payroll systems accordingly.

These changes require employers to report and record overtime pay. So, employees benefit from lower federal income taxes on qualifying overtime pay while supporting hardworking workers.

What Counts as Overtime Under the New Tax Law?

According to the new tax law, the definition of overtime that qualifies for the tax deduction is as follows:

Types of Pay;

  • Overtime pay required by the Fair Labor Standards Act (FLSA): This means overtime pay for hours worked beyond 40 in a workweek.
  • Time-and-a-half pay rate: The eligible amount is the “premium” portion of overtime pay, the extra half above the employee’s regular hourly wage. For example, if regular pay is $20/hour and overtime pay is $30/hour, only the additional $10 per overtime hour is deductible.
  • Reported on official tax forms: Qualified overtime must be reported separately by employers on Form W-2 or other specified statements.

Exclusions;

  • Overtime pay exceeding FLSA requirements: Any overtime mandated by state laws, collective bargaining agreements, or voluntary employer policies that provide more generous overtime pay do not qualify.
  • Payroll taxes: The deduction applies only to federal income tax, not to Social Security, Medicare, or other payroll taxes on overtime pay.
  • Highly compensated workers: The deduction phases out for individuals with modified adjusted gross income (MAGI) above $150,000 for single filers and $300,000 for joint filers.
  • Temporary period: The deduction is retroactive to January 1, 2025, and expires after the 2028 tax year, unless extended.

Note: Only the federally mandated FLSA overtime “premium” pays up to specific caps and within income thresholds qualifies for the deduction under OBBBA, providing tax relief for overtime earnings while excluding more generous or state-specific overtime pay.

Key Details of the Trump Overtime and Tips Tax Plan (2025–2028)

Under the Trump Overtime and Tips Tax Plan, millions of employees will benefit from tax relief. The new plan allows employees who meet qualifications to take a deduction of part of their tips and overtime from federal taxable income, giving employees greater take-home pay.

Here’s the key pointers need to know about the Trump Overtime and Tips Tax Plan 2025:

  • Provides tax relief by allowing deductions for part of overtime and tip income from federal taxable income.
  • Covers the “premium” portion of overtime pay required by the Fair Labor Standards Act (FLSA).
  • Includes federally recognized tips for eligible tipped employees.
  • Deduction caps: $12,500 for single filers, $25,000 for joint filers.
  • Phase-out begins at $150,000 MAGI (single) and $300,000 MAGI (joint).
  • Employers must separately report qualified overtime and tips on tax forms.
  • Applies retroactively from Jan 1, 2025, through Dec 31, 2028.
  • Does not reduce payroll taxes like Social Security or Medicare.
  • Designed to benefit middle- and working-class employees.
  • Excludes overtime pay beyond FLSA requirements from state laws or union agreements.

This plan benefits the working-class workers and provides a reduction of federal income tax liability on the “premium” portion of their overtime pay and federally recognized tips. The law also establishes new requirements for employers to ensure accurate tax filings are submitted while maximizing employee benefits.

How will the Trump overtime and tip tax reforms affect my tax return and paycheck?

The Overtime and Tips Tax reforms don’t change your paychecks. During the tax time, you can deduct qualified overtime and tips to lower your tax bill or boost your refund. Employers’ new W-2 reporting helps you claim these deductions correctly.

Here are a few more updates to the Trump Overtime and Tips Taxes reform that can impact your paychecks and tax returns:

  1. Impact on W-2: Your employer is required to report separately, as a form of W-2, the qualified overtime (the “premium” portion) and qualified tips, allowing you to see your eligible deduction amounts to take advantage of when you file your taxes.
  2. Example of Refund: When you file your federal return, you will deduct from your taxable income all qualified overtime you earned, up to $12,500 (or $25,000 if married filing jointly). This reduces your taxable income, which may mean a larger tax refund, or a reduction of taxes owed.
  3. How to file: You will claim this deduction when you complete your taxes for the years of 2025-2028. This is an “above-the-line” deduction, meaning you do not have to itemize in order to claim the deduction. For our examples, income phase outs begin at $150,000 (single) and $300,000 (joint).
  4. Social Security/Medicare: This deduction affects only your federal income tax – Social Security and Medicare taxes still withheld from wages in the amount earned, including overtime pay and/or tips. Therefore, your paycheck withholdings are not going to change.

Note: So, your paychecks stay the same since payroll tax withholdings don’t change. But at tax time, your return will show a deduction for qualified overtime and tips, potentially increasing your refund. Thanks to your employer’s new W-2 reporting, you don’t need to take any extra steps to benefit from these deductions.

How Much Will You Save: Examples of Overtime Tax Deduction

The deduction applies only to the “premium” portion of overtime pay (the extra half above your regular hourly rate), up to $12,500 for singles and $25,000 for married filing jointly. The deduction phases out by $100 for every $1,000 of Modified Adjusted Gross Income (MAGI) over $150,000 (singles) or $300,000 (joint filers).

Income Level Overtime Premium Paid Max Deduction Eligible Phase-Out Impact Example Tax Savings (approx.)
$50,000 (Single) $10,000 $10,000 No phase-out $2,500 (assumes 25% tax rate)
$120,000 (Single) $12,500 $12,500 No phase-out $3,125
$160,000 (Single) $12,500 $7,500 (reduced by $100 for each $1,000 over $150K) Partial phase-out ($10K over limit = $1,000 reduction) $1,875
$200,000 (Single) $12,500 $2,500 Heavily phased-out $625
$310,000 (Married Joint) $25,000 $24,000 (reduced by $100 for each $1,000 over $300K) Partial phase-out ($10K over limit) $6,000
$350,000 (Married Joint) $25,000 $19,000 Further phase-out $4,750
$400,000 (Married Joint) $25,000 $14,000 Significant phase-out $3,500

Let’s suppose, Sally earns $30,000 in regular wages and $5,000 in overtime. Without the deduction, her taxable income is $19,000 after the standard deduction. With the No Tax on Overtime Act, she deducts $5,000 of overtime, lowering taxable income to $14,000. This saves her around $600 in federal taxes. The deduction applies only to the extra half of overtime pay and is capped at $12,500. However, if Sally is married, it deducts up to $25,000, which reduces federal income taxes but not payroll taxes.

Wrapping up

The No Tax on Overtime Act means overtime finally brings extra smiles—how? The No Tax on Overtime Act allows hardworking Americans to eliminate the “bonus” portion of overtime from the federal tax bill (and keep a bigger chunk of their cash).

Yes—the employers will have some additional paperwork to do. However, this is a deduction, not an exemption, and employers must continue to withhold federal income tax on reported tips and qualified overtime pay.

 FAQ:

1. Is overtime still taxed in 2025?

Yes, overtime is still subject to payroll taxes (Social Security and Medicare) in 2025. However, the federal No Tax on Overtime Act allows you to deduct part of your overtime pay from federal taxable income.

2. When does the no tax on overtime law start, and is it retroactive?

The law is effective retroactively from January 1, 2025. Overtime earned from that date through December 31, 2028, qualifies for the new deduction, even if the law was signed later in 2025.

3. How much in overtime pay is tax-free under the new law?

You can deduct up to $12,500 (single filer) or $25,000 (joint filers) of qualified overtime pay from federal taxable income each year, but only the “premium” portion required by federal law is eligible.

4. Does the no tax on overtime law mean no payroll (Social Security/Medicare) taxes on overtime?

No. Payroll taxes—Social Security and Medicare—are still withheld on all wages, including overtime. The law only affects your federal income tax, not your payroll taxes or take-home pay during the year.

5. How much Social Security will I get if I make $25,000 a year?

If you earn $25,000 a year consistently, your Social Security benefit in retirement would be modest—typically around $1,000 to $1,200 a month, depending on your full earnings record and claiming age.

6. What are the income limits and phase-outs for the overtime tax deduction?

The deduction starts to phase out when your modified adjusted gross income exceeds $150,000 (single) or $300,000 (joint). It is reduced by $100 for every $1,000 over those thresholds.

 

In this article

    Skip the HR Hassle and See the

    Parismita Goswami

    Parismita Goswami

    Content Marketing Specialist

    A writer, poet and cinephile by passion. Parismita is Content Marketing Specialist at Keka. She shares her interest in having good conversations over tea, traveling, exploring and reading. When she is not experimenting with her culinary art, you can typically find her introspecting or taking a cozy corner.

    Email Icon

    Thank you for Subscribing!

    Related articles

    We use cookies to ensure you get the best experience. Check our " privacy policy"