Qualified overtime deduction: which part of your overtime counts
The federal deduction for 2025 through 2028 does not reach all of your overtime pay. It reaches one slice of it: the half-rate premium the Fair Labor Standards Act requires for each hour past 40 in a workweek. The straight time underneath is ordinary wages, and whatever a state or a contract pays on top — California’s daily overtime, the seventh day, double time — is premium the deduction does not see. Enter a week and the engine that prices it splits the overtime into those three parts.
past 40 hours, your employer pays
your overtime, split
5h at a premium · 45h worked
$240.00
- Straight time$150.00
5h × $30.00
The regular rate under every premium hour. Ordinary wages, not deductible.
- FLSA premium — the half$75.00
½ × $30.00 × 5h past 40
Half the regular rate for each hour past 40 in the workweek. This is qualified overtime.
- Premium past the FLSA$15.00
daily overtime · double time
Paid by state law or contract on top of the federal minimum. Not qualified.
What W-2 box 12, code TT counts for this week. It is not a refund: the deduction lowers taxable income, up to $12,500 a return.
The split assumes you are FLSA overtime-eligible and that the rate is your FLSA regular rate. A shift differential or a nondiscretionary bonus raises the regular rate, and the half with it — enter the rate they produce.
the deduction in four lines
- cap per return
- $12,500
- $25,000 on a joint return · FS-2026-13 Q2
- phase-out
- −$100 per $1,000
- of MAGI over $150,000 ($300,000 joint) · Schedule 1-A, Part III
- tax years
- 2025–2028
- years beginning after 2024 and ending before 2029
- reported in
- W-2 box 12, code TT
- from tax year 2026 · FS-2026-13 Q6, Q10
Why only the half counts
The deduction is for qualified overtime compensation: overtime pay the FLSA requires under section 7 that is in excess of the regular rate. Time and a half is two things on one line — the regular rate for the hour, which any hour of work earns, and half of it again on top. Only the half on top is in excess of the regular rate, and only as much of it as the FLSA requires. The 2026 Form W-2 instructions say the same in one line: code TT carries the “half” of time and a half.
FLSA hours past 40 in the workweek×one-half×your FLSA regular rate=qualified overtime for the workweek
Two details move the number. The workweek is a fixed 168 hours that stands alone: 45 hours one week and 35 the next are five qualifying hours, not zero (Q13). And the regular rate is the week’s pay for employment divided by its hours, so a shift differential or a nondiscretionary bonus raises the half along with the rate (Q15).
A California 13-hour day, worked through
Take $30.00 an hour and a California week of a 13-hour Monday and four 8-hour days: 45 hours. California pays Monday’s ninth to twelfth hours at time and a half and the thirteenth at double time. Those five hours already carry a daily premium, so the weekly rule finds only 40 straight-time hours and adds nothing. The pay stub shows $240.00 of overtime, and it splits like this:
- Straight time$150.00
5h × $30.00
The regular rate under every premium hour. Ordinary wages, not deductible.
- FLSA premium — the half$75.00
½ × $30.00 × 5h past 40
Half the regular rate for each hour past 40 in the workweek. This is qualified overtime.
- Premium past the FLSA$15.00
daily overtime · double time
Paid by state law or contract on top of the federal minimum. Not qualified.
The FLSA looks at the week, not the day. 45 hours is 5 hours past 40, and the half on those hours is $75.00 — that is the qualified overtime. The $15.00 California paid above it, the second half-rate on the thirteenth hour, is real pay owed under state law, and it is not qualified. Cut Friday to 3 hours and the week is 40 hours: the 13-hour Monday still earns $90.00 of daily premium, and none of it qualifies, because the week never passed 40.
What counts, week by week
The same engine, the same split, across the rules that make overtime more than a weekly count. Daily overtime, the seventh day and double time change what a week pays, not what qualifies: the qualified half is still half the regular rate for each hour past 40, and whatever they pay beyond it is not qualified.
| week | overtime pay | straight time | qualified half | not qualified |
|---|---|---|---|---|
| Texas — five 9-hour days9 + 9 + 9 + 9 + 9 = 45h | $225.00 | $150.00 | $75.00 | $0.00 |
| California — a 13-hour Monday, four 8s13 + 8 + 8 + 8 + 8 = 45h | $240.00 | $150.00 | $75.00 | $15.00 |
| California — three 12-hour shifts12 + 12 + 12 = 36h | $540.00 | $360.00 | $0.00 | $180.00 |
| Alaska — four 10-hour days10 + 10 + 10 + 10 = 40h | $360.00 | $240.00 | $0.00 | $120.00 |
| Colorado — three 15-hour days15 + 15 + 15 = 45h | $405.00 | $270.00 | $75.00 | $60.00 |
| California — seven 6-hour days6 + 6 + 6 + 6 + 6 + 6 + 6 = 42h | $270.00 | $180.00 | $30.00 | $60.00 |
| Double time past 40 by contract — the IRS example10 + 10 + 10 + 10 + 10 = 50h | $400.00 | $200.00 | $100.00 | $100.00 |
Every row at $30.00 an hour except the last, which is the IRS’s own example at $20.00 (FS-2026-13 Q16) and comes out to the IRS’s figures. Alaska’s 8-hour rule binds employers with four or more employees; Colorado’s daily threshold is 12 hours.
Where it shows on your W-2
From tax year 2026 employers report qualified overtime in box 12 of Form W-2 with code TT (FS-2026-13 Q6, Q10). The box holds the year’s whole qualified amount even when it is more than the deduction allows — the IRS’s example is $30,000 reported in full — and Part III of Schedule 1-A then applies the cap and the phase-out (Q19).
The W-2 is also the ceiling. For 2026 onward only what box 12, code TT reports can be deducted (Q20). If the figure is too low, the fix is a corrected Form W-2c from the employer; a substitute Form 4852 cannot stand in for it (Q22, Q23). If it is too high, only the qualified overtime actually paid counts (Q21).
Tax year 2025 had no code TT. An employer could show the amount in box 14 or on a separate statement, and without one, Notice 2025-69 lets you use a reasonable method. Its fractions are the split above in other words: when overtime is paid at time and a half and a year-end statement shows one total for the hours past 40, one-third of that total is the qualified half; when it is paid at double time, one-quarter.
Whose overtime qualifies
Only an FLSA overtime-eligible employee’s: someone covered by the Act and not exempt from its overtime rule (FS-2026-13 Q4). An exempt salaried manager paid overtime by company policy, or a worker exempt under federal law but owed overtime under state law, receives no qualified overtime at all — Notice 2025-69 says this holds regardless of state law.
Some workers have their overtime counted differently, and the IRS follows their rule: hospital and residential-care staff on an 8-and-80 arrangement, police and firefighters on a work period under section 7(k), public employees paid in comp time, and federal employees under OPM’s regulations (Q17, Q18, Q26–Q30). The calculator on this page applies the standard 40-hour workweek.
Claiming it takes a Social Security number valid for employment, and a married couple must file jointly (Q24, Q25). It is available whether you itemize or take the standard deduction (Q1).
What the deduction doesn’t change
It lowers federal taxable income; it does not make overtime tax-free. Overtime is still wages: income tax is withheld from it, and Social Security and Medicare apply to all of it (FS-2026-13 Q1, Q8). Withholding falls only if you give your employer a new Form W-4 — the 2026 form takes the expected deduction in step 4(b) (Q9).
So this page stops at the split. What the half is worth on a return depends on the bracket, the other deductions and the MAGI on it, which is Schedule 1-A’s work and not a calculator’s.
The cap and the phase-out, in numbers
The cap is per return: $12,500, or $25,000 on a joint return, however many jobs earned it. At $30.00 an hour the half is $15.00 an hour, so reaching the cap takes 834 hours past 40 in one tax year — about 16 every week of the year.
The phase-out runs on modified adjusted gross income. Schedule 1-A subtracts $100 for each full $1,000 of MAGI over $150,000 ($300,000 joint), dropping any partial thousand, so a full $12,500 deduction reaches zero at $275,000 of MAGI, and a full $25,000 joint deduction at $550,000.
related pages
Questions people actually ask
How much of my overtime is deductible?
Only the premium the FLSA requires: half your regular rate for each hour past 40 in a workweek. At $30 an hour, a 45-hour week has $225 of overtime pay, and $75 of it is qualified. The deduction is capped at $12,500 a return ($25,000 joint) and shrinks by $100 for each full $1,000 of MAGI over $150,000 ($300,000 joint), for tax years 2025 through 2028.
Does double time count for no tax on overtime?
Only the part the FLSA would have required. Double time past 40 is the regular rate plus a full rate of premium, and the FLSA requires half a rate, so half of the premium qualifies and half does not. The IRS’s own example: 50 hours at $20 with overtime paid at double time is $400 of overtime pay, of which $100 is qualified. Double time a state requires for a long day, such as California past 12 hours, counts only where the week passes 40, and only at the half rate.
Does California daily overtime qualify for the deduction?
Only where the week passes 40 hours. The deduction follows the federal weekly rule, not California’s daily one. At $30 an hour, a 13-hour Monday in a 40-hour week earns $90 of daily premium and none of it qualifies. In a 45-hour week with the same Monday, the half on the 5 hours past 40 — $75 — qualifies, and the $15 California pays above it does not. Seventh-day premium works the same way.
Where does qualified overtime show on my W-2?
From tax year 2026, in box 12 with code TT: the year’s whole qualified amount, even above the cap. It goes on Part III of Schedule 1-A, which applies the $12,500 cap and the phase-out. For 2025 there was no code: look for box 14 or a separate statement from your employer, or use a reasonable method from Notice 2025-69, such as one-third of the overtime total on your year-end pay statement when overtime is paid at time and a half.
Does the deduction lower Social Security and Medicare tax?
No. It is a deduction for federal income tax only. Overtime stays wages, so Social Security and Medicare apply to all of it, and income tax is still withheld unless you give your employer a new Form W-4 that accounts for the deduction.
What if the code TT amount on my W-2 looks wrong?
Ask your employer for a corrected Form W-2c. From 2026 only what box 12, code TT reports can be deducted, and a substitute Form 4852 cannot be used in its place. If the box overstates what you were paid, only the qualified overtime actually paid counts. The calculator above gives the figure for any week to check the employer’s total against.
sources
- IRS Fact Sheet FS-2026-13 (August 2026) — questions and answers on the deduction for qualified overtime compensation
- IRS Notice 2025-69 — qualified tips and qualified overtime compensation in 2025
- Schedule 1-A (Form 1040) 2025 — Part III, No Tax on Overtime
- Schedule 1-A (Form 1040) 2026, early-release draft — Part III
- 2026 General Instructions for Forms W-2 and W-3 — box 12, code TT
- 29 U.S.C. § 207 — the FLSA overtime requirement
Every figure on this page traces to the statute or agency page above. If one is out of date, tell us — corrections ship the same week.
This page splits overtime pay into its parts. It does not compute your deduction, your tax or a refund, and it is not tax advice: Schedule 1-A and its instructions decide the deductible amount.
Overtally computes what you should be paid before taxes. It does not calculate take-home pay, withholding or deductions, and it is not legal advice — it is your own record and your own estimate.