The One Big Beautiful Bill Act was signed into law on July 4th, 2025. The Act is primarily a tax act and includes extensive provisions that impact employer-sponsored employee benefits and compensation. While impacts of the law cover broad swaths of the economy (many tax exemptions are extended or made permanent and HSA account provisions expanded), a lot of media attention has been placed on tax deductions on qualified overtime and tipped income. This article will focus on how employees can deduct certain amounts of their overtime premium pay and tipped income from their federal income taxes and the related employer reporting responsibilities. Deductions are capped and subject to certain income thresholds. The Act does not eliminate taxes on overtime entirely but rather provides a deduction from taxable income.
Provisions related to Overtime Tax Exemptions are:
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Qualifying Overtime: The deduction applies only to overtime premium pay required under the Fair Labor Standards Act. (FLSA). This means it applies to the overtime for hours worked over 40 hours within the workweek and at the rate of 1.5 times the regular rate. This means overtime pay required by state laws, collective bargaining agreements, or voluntarily paid by employers will generally not qualify.
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Income Threshold: The deduction begins to phase out for individuals with a modified adjusted gross income (MAGI) exceeding $150,000 ($300,000 for married couples filing jointly). For every additional $1,000 earned above the threshold, the deductible amount is reduced by $100.
The tax deduction mechanism for tipped employee income is very similar to overtime rules:
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However, this deduction only applies to federal income tax. State, local, and payroll taxes (Social Security and Medicare) on tips will still be owed.
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Specific job eligibility will be further clarified by the U.S. Treasury Department and the IRS, but this information is not yet available. The IRS must publish, by October 2, 2025, a list of occupations that “customarily and regularly” received tips on or before December 31, 2024.
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Workers must still report tips to employers, who will continue to withhold federal income tax, Social Security, and Medicare taxes from both wages and tips.
Since most of the overtime and tipped income-related provisions of the Act do not take effect until tax reporting after the end of 2025, there are generally no urgent actions that must be taken at this time. Instead, employers should work with their payroll providers or payroll software before year-end to make sure that their reporting abilities encompass the changes to tax deductions available for overtime and tipped income pay.