Overtime Tax Break Requires Your Attention

The Tax Law Change

From 2025 through 2028, there is a new above-the-line tax deduction of up to $12,500 ($25,000 for joint filers) for qualified overtime compensation. Overtime is the half portion of being paid time-and-a-half as defined by the Fair Labor Standards Act. The benefit begins to phase out when your modified adjusted gross income exceeds $150,000 ($300,000 for joint filers). It phases out by $100 for every $1,000 you exceed the amount. So the phaseout ranges are:

To receive the benefit:

• You must have a valid, work eligible, Social Security number
• The overtime is to be designated on a W-2 (or a 1099 in the case of contract labor overtime)
• If married, you must file a joint tax return

Some Tips

• Track your overtime hours. This mid-year's law change requires some historic research back to the beginning of the year. Get your payroll records and add up your historic overtime hours and pay. You will need this to ensure you are getting credit for all your overtime pay.
• Employers are in a jam. They are required to report these overtime hours on a W-2 or similar form. But the form does not yet have the overtime reporting mechanism. So what to do? Congress has established a reporting transition rule for 2025 and the IRS will come out with approved alternative reporting. This makes tracking your own overtime pay even more important, as this could be messy in 2025.
• Keep overtime, overtime. Congress is tasking the IRS and Treasury to put controls in place to ensure work is not reclassified as overtime. You'll want to ensure your overtime work is properly paid and recorded given the additional tax benefit.
• Review your withholdings. With this additional deduction, you may be over-withholding your federal tax. Now is a great time for a review.
• Pay attention to your state. Every state will need to determine whether they follow the new federal rules. Some will, some won’t, so stay alert.