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Treasury, IRS Issue Rules for Claiming Tip and Overtime Deductions Starting in 2025

Up to $25,000 in tips and $12,500 in overtime may be excluded from taxable income depending on income and reporting method.

WASHINGTON — The U.S. Treasury Department and Internal Revenue Service issued new guidance on November 21 for millions of Americans who earn income through tips and overtime, outlining how workers can calculate and claim newly available deductions for tax year 2025. The policy stems from the One Big Beautiful Bill Act and represents one of the most significant tax changes for wage-earning employees in years.

The IRS confirmed that employers will not be issuing redesigned W-2s or 1099 forms, meaning workers will be responsible for determining deductible amounts themselves. Updated instructions and filing materials are expected during the upcoming tax season, but taxpayers do not need to wait for a revised form to understand how to claim the benefit.


Tax Relief for Tipped Workers

For tax years 2025 through 2028, individuals who receive qualifying tips may deduct a portion of that income from federal taxation. The maximum deduction is $25,000 per year, gradually phasing out at $150,000 in modified adjusted gross income for single filers or $300,000 for married couples filing jointly. About six million workers in the United States report tipped wages, according to the IRS.

The guidance outlines real-world scenarios to demonstrate how the deduction works:

  • A restaurant server with $18,000 in Social Security-taxed tips on her W-2 may deduct the full amount.
  • A bartender who reports $20,000 in tips to his employer, but whose W-2 only reflects $15,000, may choose which figure to base the deduction on. He may also add $4,000 in unreported tips documented through Form 4137.
  • A self-employed travel guide who logs $7,000 in customer tips through a third-party payment processor may deduct the full amount as long as daily records are kept, even if a Form 1099-K does not separate tip income from other revenue.

The IRS emphasized that maintaining receipts, logs, or employer records will play a central role in validating claimed deductions.


Overtime Deduction Also Applies Through 2028

In addition to tips, taxpayers who receive qualified overtime pay may deduct the premium portion, the half-rate above regular hourly wages, required under federal labor law. This provision features a maximum deduction of $12,500 per individual or $25,000 per joint return, with the same income thresholds applied to the tips deduction.

Examples released by the IRS illustrate the calculation method:

  • An employee paid $5,000 in overtime premiums may deduct the full $5,000.
  • If a worker receives $15,000 in total overtime compensation, including base pay, the deductible share equals one-third — or $5,000.
  • A double-time employee who earned $20,000 in overtime wages is eligible to deduct one-quarter of that total — $5,000.
  • Public-sector workers compensated through banked time may also qualify. A government employee paid $4,500 for accrued comp time may deduct $1,500, equivalent to one-third of the payout.

The IRS noted that overtime exemptions under the Fair Labor Standards Act remain unchanged, meaning not all workers are eligible. The new tax benefit does not modify labor law, only how federal taxes are evaluated.


What Workers Should Know Moving Into Tax Season

Both deductions apply to the 2025–2028 filing years, regardless of whether an individual itemizes deductions. Taxpayers may combine both tip and overtime deductions if they qualify for each.

The IRS is expected to release form-level instructions soon, but stressed that workers can calculate deductible income using existing reporting tools, employer statements, or personal accounting logs. The goal, officials said, is to prevent filing delays while expanding access to tax relief for hourly, service-industry, and front-line workers.

For millions of employees whose income depends heavily on overtime shifts or customer gratuities, the change could lower taxable income substantially as early as next spring.

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