
There is no single hour threshold that makes overtime tax-free. The federal overtime tax deduction established by the One Big Beautiful Bill Act (OBBBA, P.L. 119-21) lowers the annual income tax liability — but only up to a fixed dollar cap — and only if the MAGI stays within defined limits. The question is not how many hours you work. It is how much premium pay you accumulate and where the total income lands.
What the OBBBA overtime tax deduction caps
The deduction applies to the premium portion of FLSA-qualified overtime — the 0.5x increment above the regular base rate. It does not cover the full overtime hourly rate. It does not exempt overtime from FICA and it is not applied at the paycheck level.
- For single filers, the maximum annual deduction is USD 12,500
- For married filing jointly, it is USD 25,000
- Married filing separately filers receive no deduction at all
The caps mirror the ceiling on how much premium pay can offset the federal income tax liability when you file. Once you touch the cap, additional overtime hours generate no further deduction benefit — the base wage on every hour remains fully taxable regardless.
The MAGI phaseout is where it gets complicated
Hitting the hour threshold is only a part of the story. MAGI determines whether you keep the full deduction, a reduced amount, or nothing at all.
For single filers, the phaseout begins at USD 150k MAGI. The deduction shrinks by USD 100 for every USD 1,000 of MAGI above the threshold. It disappears entirely at USD 275k.
For married filing jointly, the phaseout range runs from USD 300k to USD 550k. If the combined income lands above USD 550k, the deduction is fully phased out — regardless of how many overtime hours either spouse worked.
A working example
Let's look at how this applies to a single worker earning a base rate of USD 27 per hour:
Hourly Wage Breakdown
- Standard Rate — USD 27.00 per hour
- FLSA Overtime Rate — USD 40.50 per hour
- Deductible Premium — USD 13.50 per hour - this is the specific portion eligible for the deduction
Annual Limits and Scenarios
At a premium rate of USD 13.50, it takes approximately 925 overtime hours to reach the USD 12,500 annual deduction cap. Assuming the worker's MAGI remains below the USD 150k phase-out threshold — here is how total hours impact the benefit:
What "not getting taxed more" means
Overtime was never taxed at a higher rate than regular wages in the US tax code. That is a common misread of how progressive brackets work. What workers generally experience is a larger withholding amount on overtime checks — because supplemental wage withholding can apply at a flat federal rate — not a permanently higher tax burden.
The OBBBA deduction lowers the federal income tax owed at filing time on qualifying premium pay. It does not change what comes out of each check. Think of it as a year-end adjustment — not a paycheck-level exemption.
State conformity is a separate matter entirely. OBBBA is a federal statute. Whether your state recognizes the same deduction depends on local rolling conformity rules, which vary significantly.
For a full breakdown of how the overtime tax deduction works — including MAGI phaseout tables, Schedule 1-A filing steps and 2026 W-2 reporting changes — schedule a consultation with Alexander Accountants.
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