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26 U.S.C. § 225Qualified overtime compensation

submitted 1 year ago by Pub. L. 119-21 to r/title-26-INTERNAL-REVENUE-CODE · 388 words · no verdicts yet

in plain englishAI-generated · not legal advice

Workers can deduct qualified overtime pay reported on tax forms, up to $12,500 ($25,000 for joint filers) a year, with the deduction shrinking as income rises above $150,000 ($300,000 for joint filers). "Qualified overtime compensation" is the extra pay above the regular rate required by federal overtime law, not counting tips. The deduction requires a Social Security number, applies to married taxpayers only on joint returns, and ends after 2028.

(a) In general. You can deduct the "qualified overtime compensation" you got during the year, as long as it is shown on a statement given to you under section 6041(d)(4) or 6051(a)(19). (b) Limitation. (1) In general. Your deduction under this section cannot be more than $12,500 for the year - or $25,000 if you file a joint return. (2) Limitation based on adjusted gross income. (A) In general. After applying that cap, your deduction shrinks by $100 for every $1,000 your "modified adjusted gross income" is above $150,000 ($300,000 for a joint return) - but never below zero. (B) Modified adjusted gross income. This means your adjusted gross income for the year, plus any income excluded under section 911, 931, or 933. (c) Qualified overtime compensation. (1) In general. This means overtime pay you got under section 7 of the Fair Labor Standards Act of 1938, specifically the part that is above your regular hourly rate (as that section defines "regular rate"). (2) Exclusions. This does not include any "qualified tip" as defined in section 224(d). (d) Social security number required. (1) In general. You cannot take this deduction unless you put your Social Security number on your tax return. (2) Social security number defined. This has the same meaning as in section 24(h)(7). (e) Married individuals. If you are married, you can only take this deduction if you and your spouse file a joint return. (f) Regulations. The Secretary must issue regulations or guidance needed to carry out this section, including guidance to prevent abuse of the deduction. (g) Termination. This deduction is not available for any tax year beginning after December 31, 2028.
the actual law source: uscode.house.gov ↗public domain
(a) In general

There shall be allowed as a deduction an amount equal to the qualified overtime compensation received during the taxable year and included on statements furnished to the individual pursuant to section 6041(d)(4) or 6051(a)(19).

(b) Limitation
(1) In general

The amount allowed as a deduction under this section for any taxable year shall not exceed $12,500 ($25,000 in the case of a joint return).

(2) Limitation based on adjusted gross income
(A) In general

The amount allowable as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $100 for each $1,000 by which the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).

(B) Modified adjusted gross income

For purposes of this paragraph, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.

(c) Qualified overtime compensation
(1) In general

For purposes of this section, the term “qualified overtime compensation” means overtime compensation paid to an individual required under section 7 of the Fair Labor Standards Act of 1938 that is in excess of the regular rate (as used in such section) at which such individual is employed.

(2) Exclusions

Such term shall not include any qualified tip (as defined in section 224(d)).

(d) Social security number required
(1) In general

No deduction shall be allowed under this section unless the taxpayer includes on the return of tax for the taxable year such individual’s social security number.

(2) Social security number defined

For purposes of paragraph (1), the term “social security number” shall have the meaning given such term in section 24(h)(7).

(e) Married individuals

If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.

(f) Regulations

The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to prevent abuse of the deduction allowed by this section.

(g) Termination

No deduction shall be allowed under this section for any taxable year beginning after December 31, 2028.

Source credit: (Added Pub. L. 119–21, title VII, § 70202(a), July 4, 2025, 139 Stat. 174.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 119-21 · 139 Stat. 174

A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-21 on 2025-07-04.

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