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No Tax on Tips and Overtime: Who Qualifies and How Much You Can Deduct

Published October 2026 | By Ray Chowdhury, CPA & CTRC

No Tax on Tips and Overtime: Who Qualifies and How Much You Can Deduct

Short answer

For tax years 2025 through 2028, workers can deduct up to $25,000 of qualified tips and up to $12,500 of qualified overtime pay ($25,000 if married filing jointly) from their federal taxable income. Both deductions phase out above $150,000 of modified AGI ($300,000 joint), require a valid Social Security number, require married couples to file jointly, and are available whether or not you itemize. They reduce federal income tax only. Social Security and Medicare taxes still apply.

The new tips and overtime deductions are among the most-searched tax topics this year, and among the most misunderstood. “No tax on tips” does not mean tips are invisible to the IRS, and “no tax on overtime” does not mean your whole overtime check is tax-free. Here’s what the rules actually say, with examples you can check against your own pay stubs.

The rules side by side

Tips deductionOvertime deduction
Years2025 through 20282025 through 2028
Maximum deduction$25,000 per year$12,500 per year ($25,000 if married filing jointly)
Phase-out beginsModified AGI over $150,000 ($300,000 joint)Modified AGI over $150,000 ($300,000 joint)
What countsQualified tips in an occupation that customarily received tips on or before Dec. 31, 2024Only the premium portion of overtime required by the Fair Labor Standards Act
Social Security numberRequiredRequired
Married filing separatelyNot allowed; must file jointlyNot allowed; must file jointly
Itemizing required?NoNo
Social Security and Medicare taxStill appliesStill applies

The tips deduction in detail

Who qualifies: employees and self-employed people who receive tips in occupations the IRS lists as customarily and regularly receiving tips. The IRS examples include wait staff, bartenders, salon workers, personal trainers, and gig workers.

What counts: qualified tips paid voluntarily by customers, including cash and card tips. Tips must be reported, either through your employer or on your own return.

Who doesn’t qualify: self-employed people in certain specified service fields, and employees whose employer is in one of those fields. For self-employed workers, the deduction can’t exceed the net income of the business where the tips were earned.

Example: A server in Queens

Maria is single and works as a server. Her wages are $32,000 and her reported tips are $21,000, for income of $53,000.

  • Tips deduction: $21,000 (under the $25,000 cap)
  • Standard deduction for 2026 (single): $16,100
  • Federal taxable income: $53,000 − $16,100 − $21,000 = $15,900

Without the tips deduction her taxable income would be $36,900. She still owes Social Security and Medicare tax on all $53,000.

The overtime deduction in detail

This is where most people get it wrong. The deduction covers only the extra half in time-and-a-half, the premium the Fair Labor Standards Act requires. If your employer pays more than that (for example, double time), only the portion the law requires counts.

Starting with 2026, employers are required to report qualified overtime separately on your year-end wage statement. For 2025, many workers have to calculate it from pay stubs using their regular rate and hours over 40 per week.

Example: A warehouse worker with regular overtime

James earns $30 an hour and works 10 hours of overtime a week at $45 an hour, for 50 weeks.

  • Total overtime pay: $45 × 10 × 50 = $22,500
  • Premium portion (the extra $15 per hour): $15 × 10 × 50 = $7,500
  • Overtime deduction: $7,500, not $22,500

The other $15,000 of his overtime pay is taxed like regular wages.

What these deductions don’t do

Two other new deductions worth knowing

What to do now

  1. Check that your tips are being reported through payroll.
  2. Save pay stubs that show overtime hours and rates.
  3. If you’re married, plan to file jointly. See married filing jointly vs. separately.
  4. Gather your documents with our tax documents checklist.

Work for tips or overtime?

We’ll calculate your deduction from your pay stubs and make sure you get the full amount.

Schedule a free consultation → or call 888-343-7001

Frequently asked questions

Is overtime completely tax-free now?

No. Only the extra “half” of time-and-a-half required by federal law counts as qualified overtime, up to $12,500 a year ($25,000 joint). The regular-rate portion of overtime pay is still taxable, and Social Security and Medicare taxes still apply to all of it.

Do I have to itemize to claim the tips or overtime deduction?

No. Both deductions are available whether you take the standard deduction or itemize.

Can married couples filing separately claim these deductions?

No. If you’re married, you must file a joint return to claim the tips or overtime deduction.

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Disclaimer: This article is for informational purposes only and does not constitute tax, legal, or financial advice. Every business situation is unique. Please consult a licensed CPA for advice specific to your circumstances. Contact Accountants Near Me for personalized guidance.