IRS Unpacks Overtime Tax Break: What Qualifies Under H.R. 1 Deduction

In a move aimed at clarifying one of the most talked-about provisions of the One Big Beautiful Bill Act, the Internal Revenue Service on January 24, 2026, released Fact Sheet 2026-01, a set of frequently asked questions detailing the new deduction for qualified overtime compensation. Enacted as H.R. 1 and signed into law on July 4, 2025, the measure offers workers relief on the premium portion of overtime pay required by federal law, effective retroactively for tax year 2025 through 2028. This guidance arrives just as taxpayers prepare 2025 returns, addressing confusion over eligibility, calculations, and reporting amid unchanged tax forms for the transition year.

The deduction targets the excess over regular rates mandated by Section 7 of the Fair Labor Standards Act, typically the ‘half’ in ‘time-and-a-half’ pay. ‘Overtime compensation is qualified when it is required under Section 7 of the FLSA and exceeds the regular rate of pay,’ the IRS fact sheet states, providing a concrete example: if paid 1.5 times the regular rate for overtime hours, only the 0.5 premium qualifies. Excess payments beyond FLSA minimums do not count, ensuring the break applies strictly to federally required premiums.

Navigating FLSA Coverage Hurdles

Determining FLSA applicability proves fact-specific, hinging on occupation, duties, and earnings. The IRS directs workers to Department of Labor resources, including Fact Sheet #14 on FLSA coverage and the Handy Reference Guide to exemptions . Federal employees can check Standard Form 50, though exceptions like U.S. Postal Service workers fall under DOL rules. ‘Each situation is fact-specific,’ notes the Journal of Accountancy , underscoring the need for individualized assessments ( link ).

Exemptions abound—salaried professionals earning above $58,656 annually or certain executives often fall outside FLSA overtime protections. Public safety workers using 207(k) work periods or compensatory time under 207(o) must adjust calculations accordingly. For instance, law enforcement paid $15,000 in overtime over a 14-day period can claim one-third ($5,000) as qualified, per IRS examples in Notice 2025-69.

State and local overtime rules, like California’s daily overtime after eight hours, do not qualify unless tied to FLSA’s 40-hour weekly threshold. ‘The only overtime premium allowable for deduction is on hours worked over the FLSA maximum,’ clarifies the Government Finance Officers Association ( link ).

Precision in Premium Calculations

Taxpayers calculate the premium by dividing total FLSA overtime pay by three for time-and-a-half rates: the result isolates the deductible half-rate portion, as total pay equals regular rate plus premium (1x + 0.5x = 1.5x, so premium = total / 3). Double-time pay divides by four. Compensatory time payouts follow similar math—one-third of wages for 1.5x comp time. ‘If your pay stub breaks out the overtime premium separately, you can simply use the listed premium amount,’ advises TaxAct ( link ).

For 2025, without dedicated W-2 boxes, workers rely on pay stubs, payroll summaries, or employer statements. The IRS urges good-faith reliance on Fact Sheet 2026-01 for penalty protection: ‘A taxpayer who reasonably and in good faith relies on these FAQs will not be subject to a penalty.’ Notice 2025-69 offers methods like payroll logs or year-end totals, but substantiation remains key.

The annual cap stands at $12,500 single ($25,000 joint), phasing out above $150,000 modified adjusted gross income ($300,000 joint). ‘For every $1,000 of income above the threshold, the deduction is reduced by $100,’ per OnPay guidance ( link ). Payroll taxes—Social Security, Medicare—still apply fully.

Transition Reporting Realities

Employers face no penalties for 2025 non-reporting under Notice 2025-62, as forms like W-2s stay unchanged. ‘The IRS will not be updating the 2025 Form W-2, 1099, or payroll forms,’ confirms Forbes ( link ). Voluntary disclosure via Box 14 or portals aids employees. Starting 2026, updated W-2s, 1099-NEC, and 1099-MISC mandate separate lines—draft forms show Box 12 codes for qualified overtime.

ADP warns of payroll system overhauls: ‘Update payroll and HR systems before 2026 to support new W-2 reporting’ ( link ). TurboTax notes withholding continues unchanged, with refunds via returns: ‘Even if the overtime deduction applies, the employee’s share of these taxes will still be withheld’ ( link ).

Government entities grapple with nuances—local agencies using shorter workweeks must isolate FLSA premiums. The National League of Cities highlights examples for compensatory time: $4,500 payout yields $1,500 deductible ( link ). Self-employed face parallel rules via 1099s.

Claiming on Returns and Limits

Taxpayers report via forthcoming Schedule 1-A alongside Form 1040, requiring Social Security numbers and joint filing for spouses. IRS Newsroom confirms: ‘Include your Social Security number on the return. File jointly if you’re married’ ( link ). Deduction lowers taxable income but not AGI for phaseouts.

Industry watchers like H&R Block emphasize temporariness: ‘The overtime deduction is currently set to expire after 2028’ ( link ). Contractors qualify if FLSA-covered, though most independents aren’t. Fox Business reports IRS form updates underway ( link ).

Payroll providers like OnPay urge reviewing reports: ‘Select Employee Summary… You’ll find overtime and double overtime hours listed’ for verification. As filers gear up, the FAQs bridge statutory gaps, promising smoother administration by 2026 amid calls for final regs.

Broader Employer Preparations

Businesses must track FLSA overtime separately from state extras. ‘California employers should review their payroll systems… to track and report FLSA-qualified overtime pay,’ advises HRWatchdog ( link ). Draft 2026 W-4 worksheets let employees adjust withholding for expected premiums.

The IRS official FAQs live at irs.gov , with prior notices at Notice 2025-69 and Notice 2025-62 . Tax pros hail the detail: ‘FS-2026-01 acts as a vital bridge,’ per Accounting Today ( link ).