Likely, you are not eligible. Qualified overtime deduction is for overtime pay that is required by the 1939 Fairs Labor Standards Act. Your employer should be able to tell you if your overtime pay is overtime pay required by the FLSA.
Certain employees are exempt from the rules on overtime.
Generally, the FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half their regular rate of pay for all hours worked over 40 in a workweek. However, the law provides for certain exemptions.
Click on the hyperlink What's an exempt employee for direction. Exemptions from the minimum wage or overtime standards of the FSLA may also be found here.
For tax years 2025 through 2028, individuals who receive qualified overtime compensation may deduct the pay that exceeds their regular rate of pay (generally, the “half” portion of “time-and-a-half” compensation) that is required by the Fair Labor Standards Act and reported on a Form W-2, Form 1099, or other specified statement furnished to the individual.
- Maximum annual deduction is $12,500 ($25,000 for joint filers).
- Deduction phases out for taxpayers with modified adjusted gross income over $150,000 ($300,000 for joint filers).
The deduction is available for both itemizing and non-itemizing taxpayers.
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