Think all your overtime pay will be tax free? Think again
Many Americans who work overtime will get a break on their taxes for the next few years ā but it may not be as hefty as they think.
Congressional Republicans sought to fulfill President Donald Trumpās āno tax on overtimeā campaign promise in their One Big, Beautiful Bill, which Trump signed into law in July. But the measure doesnāt actually exempt all overtime pay from federal income taxes.
Notably, only the earnings in excess of oneās standard hourly wage will be tax-free. In other words, for those who earn time-and-a-half when working overtime, only the āhalfā will not be subject to tax.
āWhen you first hear that overtime wonāt be taxed, most people would think itās the whole amount in that bucket,ā said Tom OāSaben, director of tax content and government relations at the National Association of Tax Professionals. āBut unfortunately, itās only the amount above their standard wage.ā
That can make a big difference. Take an unmarried factory worker who earns $80,000, including $7,500 in overtime pay. He will receive a tax break of $550, on average, from the provision, said OāSaben, who did a quick back-of-the-envelope calculation for CNN.
But had all of the workerās overtime been exempt, he would have been able to deduct $1,650.
Hereās what else you should know
Single workers will be able to deduct up to $12,500 of eligible overtime compensation, while married workers can deduct double that amount. The provision, which is in effect from 2025 through 2028, applies to single filers earning up to $150,000, when it starts to phase out. Those earning above $275,000 no longer qualify. For married couples, the thresholds are twice those amounts. Taxpayers donāt have to itemize to take the deduction.
Only about 9% of taxpayers will qualify for the benefit, according to Howard Gleckman, senior fellow at the Urban-Brookings Tax Policy Center.
Most of them will be middle- or upper-middle-income folks since those lower on the income ladder donāt earn enough to owe sufficient tax to benefit from the deduction, while high earners arenāt eligible. Overall, some 85% of the benefit will go to those earning between $100,000 and $500,000, he said.
āRelatively well-paid manufacturing workers are probably the people who are going to do the best,ā he noted, as an example.
Those who are eligible will receive a roughly $1,400 tax cut, on average, according to the Tax Policy Center. Employees must typically receive overtime ā a guardrail to prevent workers from trying to recharacterize their wages to escape tax.
In addition, workers will still owe payroll taxes for Social Security and Medicare on their overtime compensation, which may also be subject to state and local taxes depending on where they live, said Andy Phillips, vice president of H&R Blockās Tax Institute. (States must decide whether to exempt overtime pay from state taxes.)
Employers will also have to figure out how to inform their workers of the amount of overtime theyāve earned since that figure is not currently reported on W-2 tax forms. The Internal Revenue Service announced it will not change the W-2 form for the current tax year, which means employers may provide the information in a separate statement or note it in a general box on the form. Itās not clear whether employers will report a workerās total overtime compensation or only the amount eligible for the deduction.
The IRS still has to write the regulations that will provide important details to employers, workers and tax professionals about exactly who is eligible, what overtime compensation qualifies and how it is reported. The tax filing season typically starts in January.
āInevitably, thereās going to be a lot of confusion because (Congress) made the effective date 2025 and because the IRS, frankly, doesnāt have the resources to write the regulations in time,ā Gleckman said.