Labor & Employment Law Daily Wrap Up, VITAL BRIEFING—“No Tax on Overtime” deduction included in new draft form released by IRS, but questions remain about taxpayer eligibility, (Oct 2, 2025)
By Anne H. Gibson, J.D., LL.M.
The limited timeframe of the new deduction means this provision is likely to be revisited in the near future.
The “No Tax on Overtime” provision, one of several campaign promises from the 2024 presidential election that enjoyed bipartisan popular and political support, became law as part of the One Big Beautiful Bill Act (OBBBA) (P.L. 119-21). It provides a temporary deduction for “qualified overtime compensation,” capped at $12,500 for individuals ($25,000 for joint filers) and is available for tax years 2025 to 2028. A recent draft form for 2025, new Schedule 1-A for Form 1040, sheds some light on how this deduction will be claimed by taxpayers. However, some aspects of the deduction, including exactly who can claim it, will require clarification from future guidance.
In this Vital Briefing, Wolters Kluwer Senior Legal Analyst Anne Gibson discusses the details of the “No Tax on Overtime” deduction, including the eligibility rules and reporting obligations for employers.
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