How the 2026 No Tax on Overtime Deduction Works

IRS Section 70202 overtime tax deduction breakdown showing tax-free premium vs regular taxable rate

The One Big Beautiful Bill (OBBBA), signed into law July 4, 2025 as Public Law 119-21, created a new federal tax deduction specifically for overtime workers. Under Section 70202, the "overtime premium" โ€” the extra 0.5x portion of your time-and-a-half pay โ€” is now deductible from federal income tax.

The Three-Step Overtime Deduction

1
Worked FLSA OT?
Hours over 40/week at 1.5x rate qualify
2
Identify Premium
0.5x portion = deductible amount
3
Claim Refund
File Schedule 1-A โ€” get it back at tax time

The Math: How It Works

If your regular rate is $20/hour and you earn $30/hour for overtime, the deductible premium is $10/hour (the 0.5x portion). The full $30 is still taxed on your paycheck, but at filing time you claim the $10/hour premium as a deduction โ€” effectively getting that portion back as a refund.

2026 Phase-Out Table

Annual Income (Single MAGI)Max Overtime Deduction
$0 โ€” $150,000$12,500 (Full)
$160,000$11,500
$175,000$10,000
$200,000$7,500
$237,500$3,750
$275,000+$0 (Fully Phased Out)

Married filers: $25,000 max cap, phase-out begins at $300,000 MAGI.

Who Qualifies?

  • โœ… W-2 non-exempt hourly employees covered by FLSA
  • โœ… Hours worked over 40 in a workweek at 1.5x minimum
  • โŒ Exempt salaried employees (executive, administrative, professional roles)
  • โŒ 1099 independent contractors and self-employed workers
  • โŒ California daily overtime (8-hour rule) unless you also exceed 40 hours/week

Frequently Asked Questions โ€” 2026 Overtime Tax Deduction

Under Section 70202 of the One Big Beautiful Bill (Public Law 119-21), W-2 employees can deduct the 'overtime premium' โ€” the 0.5x extra portion of time-and-a-half pay โ€” from federal income tax. This is a below-the-line deduction claimed on your tax return, not a change to paycheck withholding. For example, if you earn $20/hr and work overtime at $30/hr, only the $10 premium is deductible, up to $12,500 per year.
No. Your employer still withholds federal income tax on all wages including overtime. The OBBB creates a deduction you claim when you file your 2026 tax return, effectively giving you a larger refund or reduced tax bill. Our calculator shows you your 'future refund estimate' so you know what to expect at filing time.
Yes. The No Tax on Overtime deduction only applies to federal income tax. Social Security (6.2%) and Medicare (1.45%) are still withheld on all wages including overtime โ€” there is no FICA exemption in the OBBB.
The OBBB limits the deductible overtime premium to $12,500 per year for single filers and $25,000 for married filing jointly. This means once your qualifying overtime premium reaches $12,500, additional overtime no longer generates a deduction. For example, at $20/hr, you'd need to work approximately 1,250 overtime hours to hit the cap.
The deduction applies to non-exempt W-2 employees covered by the federal Fair Labor Standards Act (FLSA). This means you must be classified as a non-exempt hourly worker and your overtime must result from working more than 40 hours in a workweek. Exempt salaried employees, 1099 contractors, and self-employed workers generally do not qualify.
Yes. If your Modified Adjusted Gross Income (MAGI) exceeds $150,000 (single) or $300,000 (married filing jointly), the $12,500 cap is reduced by $100 for every $1,000 over the threshold. At $275,000 MAGI (single), the deduction is fully phased out. The calculator on this page includes the phase-out calculation automatically.
Generally no. California requires overtime for hours worked over 8 in a single workday, even if you work fewer than 40 hours total in the week. The OBBB deduction only applies to overtime required by the federal FLSA โ€” hours over 40 in a workweek. California daily overtime beyond the FLSA requirement typically does not qualify unless you also exceed 40 hours in that workweek.
For tax year 2026, employers will report your qualified overtime compensation in Box 12, Code TT on your W-2. You enter this amount on Schedule 1-A of your Form 1040 to claim the deduction. Keep track of your overtime hours throughout the year so you can verify your employer's Box 12 amount when you receive your W-2 in January 2027.

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