02/03/2026
Temporary FLSA Overtime Premium Deduction (2025–2028)
What Is This Deduction?
Beginning with the 2025 tax year, the IRS allows certain workers to deduct the premium portion of their FLSA overtime pay. This deduction is temporary and applies to tax years 2025 through 2028.
The deduction reduces your taxable income, similar to educator expenses or student loan interest.
Who Qualifies?
You may qualify if:
You earned FLSA overtime during the year
You received the premium portion of overtime (the “half” in time‑and‑a‑half)
Your income is below the IRS phase‑out limits
You file a federal tax return for 2025, 2026, 2027, or 2028
Most hourly workers who earn overtime under the Fair Labor Standards Act (FLSA) may qualify.
What Counts as FLSA Overtime?
For most employees:
Hours worked over 40 in a workweek
For certain categories (e.g., some transportation, agriculture, or rural postal carriers):
Different thresholds may apply based on FLSA rules.
What Part Is Deductible?
Only the premium portion of overtime is deductible:
Regular overtime pay = 1.5 × regular rate
Deductible portion = 0.5 × regular rate × FLSA overtime hours
This is the “extra half” that turns straight time into time‑and‑a‑half.
Where Do I Report This on My Tax Return?
The IRS has added a line on:
Form 1040 – Schedule 1 (Adjustments to Income) labeled “Qualified Overtime Compensation Deduction” (or similar wording)
You enter the total deductible amount for the year.
What Documentation Do I Need?
You may use:
A letter or statement from your employer (some employers, like USPS, provide this)
Your pay stubs showing:
Regular rate
Overtime hours
Overtime earnings
A worksheet (included below) to calculate the deductible amount
Employers are not required to provide a special form.
Important Notes
This deduction is separate from itemized deductions — it applies even if you take the standard deduction.
Only the FLSA premium portion qualifies, not:
Double time
Penalty overtime
Contractual overtime above FLSA minimums
Shift differentials
Bonuses (unless they affect the regular rate)
If you need help calculating your deductible amount, bring your pay stubs or employer documentation to your tax appointment.