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Navigating the OB3 Act: A New Deduction for Overtime Compensation

  • Writer: Viktoriya Barsukova, EA, MBA
    Viktoriya Barsukova, EA, MBA
  • Jul 29
  • 2 min read

Updated: Jul 30



By TaxBrief / Viktoriya Barsukova, EA, MBA | July 2025 |


The One Big Beautiful Bill (OB3) Act introduced sweeping changes to the tax code, and with it, a wave of confusion across the internet. One provision receiving significant attention is the new deduction for qualified overtime compensation — a potentially valuable benefit for many taxpayers.


As with any new tax benefit, understanding the details is key to applying it correctly.



What Is the New Overtime Deduction?



The OB3 Act created IRC §225, which allows a deduction for qualified overtime compensation.


  • Deduction limits:

    Up to $12,500 for individuals or $25,000 for joint filers.

  • Effect on income:

    This deduction does not reduce AGI. Instead, it reduces taxable income directly. It is not an itemized deduction.

  • Effective for tax years beginning after December 31, 2024, and sunsets after December 31, 2028.




What Counts as “Qualified Overtime Compensation”?



Under the OB3 Act, qualified overtime compensation refers to overtime pay required under §7 of the Fair Labor Standards Act (FLSA).


  • Only the overtime premium (the difference between the overtime rate and regular rate) is deductible.

  • Tips and certain other payments under §224 are excluded.

  • Employers must report overtime compensation separately on Form W-2.

  • For 2025, the IRS may allow reasonable approximations if exact reporting isn’t available.




Income Phase-Out Rules



The deduction is phased out based on Modified Adjusted Gross Income (MAGI):


  • Reduced by $100 for every $1,000 over:


    • $150,000 (single)

    • $300,000 (joint return)





Requirements to Claim the Deduction



To qualify, the taxpayer must:


  • Provide a valid Social Security Number (issued before the filing deadline, including extensions).

  • Married taxpayers must generally file jointly to claim the deduction.



Exception: A married taxpayer may be treated as unmarried if:


  • They file separately,

  • Maintain a qualifying household for over half the year for a dependent child,

  • Cover more than half the household costs, and

  • Live apart from their spouse for the last 6 months of the year.




Overtime pay
Overtime Pay Example

Saul is a single employee who earns $18/hour. In 2025, he works 27 overtime hours at $27/hour, resulting in $729 overtime pay.

His MAGI is $53,500 — well below the phase-out threshold.

The deductible amount is:

27 hours × ($27 - $18) = $243


This $243 directly reduces Saul’s taxable income, not AGI.



Final Thoughts



The OB3 Act’s overtime deduction may offer meaningful tax relief to wage earners who frequently work overtime. But accurate reporting, eligibility, and understanding of MAGI limitations are crucial for claiming it correctly.



States



  • California does not currently allow the OB3 Act’s overtime deduction on its state tax return. You can claim it on your federal return, but it is not deductible on your California return unless the state updates its conformity laws.

  • For tax year 2025 and beyond, no state currently allows this deduction at the state level, unless the state uses rolling conformity or enacts legislation to adopt the new federal provision. Future state-level changes are still possible.



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