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No Tax on Overtime

No tax on overtime costs $89.6 billion. Treasury counted 29 million filers who already claimed it.

Summary

The 2025 tax law's overtime deduction is projected to cost $89.6 billion in federal revenue through 2034, per the Joint Committee on Taxation, with $32.8 billion of that landing in a single year. By July 2026, Treasury counted more than 29 million filers claiming it on their first tax-year-2025 returns — well above the roughly 20 million workers the administration's own pre-passage model expected to regularly work overtime at all. The deduction expires December 31, 2028, and its cost falls to zero the same year.

By Vindex · July 10, 2026

"No tax on overtime" was signed into law on July 4, 2025, as part of the One Big Beautiful Bill Act — a four-year deduction, not a permanent exemption, for the portion of overtime pay that exceeds a worker's regular hourly rate. By the Joint Committee on Taxation's own scoring of the enacted text, it costs the federal government $89.6 billion in foregone revenue between fiscal 2025 and 2034. It also has a first real year of data behind it now: the U.S. Treasury reports that more than 29 million filers claimed it on the tax-year-2025 returns filed this spring — a bigger population, right out of the gate, than the administration's own economists modeled before the bill passed.

10-year federal cost
$89.6B
FY2025–2034, JCT
Filers who claimed it
29M+
tax year 2025, Treasury
Average deduction
$3,100
per filer claiming it, Treasury

What it costs, and when it stops

The deduction, reported on the new Schedule 1-A, only exempts part of an overtime paycheck. Per the IRS's own guidance: if a worker is paid "one and one-half times" their regular rate for an hour of overtime, only the extra "half" — the premium required by the Fair Labor Standards Act — counts as qualified overtime compensation. The base hourly rate for that hour stays taxable, same as before. The deduction is capped at $12,500 a year for a single filer and $25,000 for a married couple filing jointly, and it phases out above $150,000 (single) or $300,000 (joint) in modified adjusted gross income. It sunsets after December 31, 2028.

That sunset shows up directly in the government's own cost projections. The provision is cheap in its first partial year, peaks the following year, and is scored at zero once it expires:

The annual cost of 'no tax on overtime'
Estimated federal revenue effect by fiscal year, JCT present-law baseline, $ billions
FY2025
$0
FY2026
$32.8B
FY2027
$25.7B
FY2028
$23B
FY2029
$8.1B
FY2030
$0
Source: Joint Committee on Taxation, JCX-35-25 (July 1, 2025)
View data as table
Annual revenue cost by fiscal year
FY2025$0JCT
FY2026$32.8BJCT
FY2027$25.7BJCT
FY2028$23.0BJCT
FY2029$8.1BJCT
FY2030$0JCT

FY2026 — the fiscal year that covers the tax-year-2025 returns filed this spring — absorbs the largest single hit, $32.8 billion. The cost then declines through FY2029 as the deduction winds down, and drops to zero in FY2030, one full year after the law's own sunset date. Unless a future Congress votes to extend it, the provision is designed to cost the Treasury nothing at all within five years of taking effect.

Who actually claimed it

Treasury's tallies grew through the filing season. An April 15, 2026 Treasury release put claims, as of Tax Day, at "over 25 million" filers with an average deduction above $3,100. By its July 2, 2026 release — marking one year since the law was signed — that count, boosted by extension filers catching up, had grown to over 29 million, still averaging more than $3,100 a filer. Treasury also published an income breakdown of who is claiming it:

Overtime-deduction claimants by income, tax year 2025
Share of filers claiming the deduction, by modified adjusted gross income
Under $100,000
75%
$100,000–$200,000
21%
$200,000 and up
4%
Source: U.S. Department of the Treasury, press release (July 2, 2026)
View data as table
Claimants by income bracket
Under $100,00075%Treasury, reported directly
$100,000–$200,00021%derived: 96% − 75%
$200,000 and up4%derived: 100% − 96%

Treasury reported the first two figures directly — 75% of claimants earned under $100,000, and 96% earned under $200,000 — which by subtraction implies 21% earned $100,000–$200,000 and 4% earned more than that.

That 29-million-filer count is worth holding up against the number the government itself used to model the deduction before it existed. In a May 2025 analysis of the House-passed version of the bill, the White House Council of Economic Advisers estimated that 101.7 million U.S. workers were eligible for overtime under the FLSA — but that "only 20 percent of them regularly work overtime," based on American Community Survey data. Twenty percent of 101.7 million is roughly 20 million workers. Actual claims came in at nearly 9 million more than that, filed in the deduction's very first season. The gap doesn't necessarily mean anything went wrong — the CEA's "regularly" threshold is narrower than the law's actual eligibility rule, which asks only whether a worker earned qualifying overtime pay at all during the year, not how often. But it does mean the deduction's real first-year reach outran the estimate the administration built its own growth projections on.

Built on self-reporting in year one

Part of that gap may be mechanical. For tax year 2025, the IRS did not require employers to separately report qualified overtime compensation on a W-2, 1099-NEC, or 1099-MISC. A worker whose employer didn't supply a separate statement had to calculate the deductible amount themselves, using the Schedule 1-A instructions — sorting the FLSA-required "half" premium out of a pay stub that, for most jobs, was never designed to show that split. Tax preparers flagged this as a real source of both under-claiming and over-claiming in the deduction's debut season. The mechanism gets more automated going forward — employers face separate overtime-pay reporting requirements in future tax years — but the tax-year-2025 numbers above were produced by the honor-system version.

The takeaway

  • It's a four-year deduction, not a permanent exemption. Only the FLSA overtime premium is deductible, capped at $12,500/$25,000, phased out above $150,000/$300,000 in income, and gone after December 31, 2028.
  • Its cost has a shape, not just a total. $0 in FY2025, a $32.8 billion peak in FY2026, declining through FY2029, and zero again in FY2030 — the 's own present-law score shows the cliff built into the design.
  • Uptake beat the government's own pre-passage model. Over 29 million filers claimed it in year one, versus the roughly 20 million workers the CEA estimated would "regularly" work overtime before the law passed.
  • Most claimants are not high earners, by Treasury's own count. 75% of claimants had income under $100,000, and 96% under $200,000 — though the deduction's dollar value still scales with a filer's tax bracket, not with need.
  • Year one ran on self-reported math. Employers weren't required to separately report the deductible amount on 2025 W-2s, so many filers calculated it themselves.

Cost figures reflect the Joint Committee on Taxation's present-law score of the enacted text (JCX-35-25, July 1, 2025); claimant and income figures are Treasury's own tallies for tax-year-2025 returns filed through July 2, 2026 and will shift as remaining extension returns are filed.

Sources

  • Joint Committee on Taxation, Estimated Revenue Effects of the Tax Provisions of Title VII — Finance (JCX-35-25, July 1, 2025) — the fiscal-year-by-fiscal-year and 10-year ($89.6 billion) federal revenue cost of "no tax on overtime," scored against a present-law baseline for the Senate-passed, enacted text. jct.gov
  • U.S. Department of the Treasury, "Over 53 Million Filers Claimed At Least One of President Trump's Signature New Tax Cuts" (press release, April 15, 2026) — the Tax Day snapshot of "over 25 million" overtime- deduction filers. home.treasury.gov
  • U.S. Department of the Treasury, "A Look at the First-Year Results of the Working Families Tax Cuts" (press release, July 2, 2026) — the updated count of "over 29 million" overtime-deduction filers, the average deduction (over $3,100), and the income breakdown (75% under $100,000; 96% under $200,000). home.treasury.gov
  • The White House Council of Economic Advisers, Preserving and Expanding Low Tax Rates to Create American Economic Prosperity (May 2025) — the pre-passage estimate that 101.7 million workers were overtime-eligible and that 20% of them "regularly" work overtime, based on 2021–2023 American Community Survey data. whitehouse.gov
  • Internal Revenue Service, What to know about the No Tax on Overtime deduction (updated July 2, 2026) — the $12,500/$25,000 deduction caps, the $150,000/$300,000 MAGI phase-out, and the absence of a separate 2025 W-2 reporting requirement for qualified overtime compensation. irs.gov
  • Internal Revenue Service, Questions and answers about the new deduction for qualified overtime compensation — the statutory definition of qualified overtime compensation as only the FLSA-required "half" premium, not the full overtime paycheck. irs.gov
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