NoTaxOvertime

No Tax on Overtime, Explained (2026–2028)

The 2025 tax law (OBBBA) wrote 'no tax on overtime' into federal code for 2026 through 2028 — with important fine print about which part of overtime qualifies, how much of it is deductible, and who earns out of the benefit. Here is the plain-English version of the rules this site's calculators implement.

Quick answer: For 2026–2028, the federal income tax on the FLSA-required half-time premium of overtime is deducted, up to $12,500/year ($25,000 joint), phasing out above $150,000 MAGI ($300,000 joint). FICA and most state taxes still apply to all overtime pay.

What exactly is deductible

Only the premium required by the Fair Labor Standards Act: the extra half-time portion of time-and-a-half pay. At a $20 rate, the $30 OT hour contains $20 of ordinary wages (taxed normally) plus a $10 premium (deductible). FLSA double-time premiums also qualify; state-law daily overtime premiums and contractual premiums above the FLSA minimum do not.

Caps and phase-out

The deduction caps at $12,500 of premium per year for single and married-filing-separate filers, $25,000 for joint filers. Above $150,000 of modified AGI ($300,000 joint) the deduction shrinks by $100 for every $1,000 over — so it disappears entirely around $275,000 single / $550,000 joint in premium-maxing cases. It is available whether you itemize or take the standard deduction, and no W-4 change is needed.

Who it helps most

  • Hourly workers with steady overtime: a $25/hour worker averaging 10 OT hours/week earns about $8,700 of premium a year — most of it deductible.
  • Public safety and manufacturing shift workers, where OT is structural.
  • High-OT years (strike coverage, peak season) can stack premium toward the cap without hitting it.

What the rule does not do

  • It does not exempt overtime from Social Security and Medicare tax — 7.65% applies to every OT dollar.
  • It does not automatically exempt state income tax — most states tax OT as ordinary wages.
  • It does not apply in 2029+ unless Congress extends it.

How the deduction reaches you

Employers may adjust federal withholding on overtime during the year, but the guaranteed mechanism is your 2026 return: W-2 reporting of qualified overtime premium, then the deduction on Form 1040. Expect refund season to be where the benefit lands for most workers.

Frequently Asked Questions

Is the no-tax-on-overtime rule permanent?
No. It covers tax years 2026 through 2028 and sunsets after that unless extended.
Do salary workers get anything from it?
Only if they receive FLSA overtime — truly exempt salaried employees don't earn overtime premium, so there's nothing to deduct.
How do I claim it?
Your W-2 will show qualified overtime premium for 2026; the deduction is claimed on your federal return. Nothing is required during the year, though some employers will lighten OT withholding automatically.

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