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Level 1
April 3, 2026
Question

Border Patrol overtime supplemental Pay

  • April 3, 2026
  • 1 reply
  • 0 views

Will the supplemental and differential pay be considered overtime?

    1 reply

    Level 15
    April 7, 2026

    Not necessarily.

     

    The Qualified Overtime Deduction is defined as 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.


    As an example, if the employee’s regular rate of pay is $20 per hour and the employee worked one hour of overtime, the employee’s full overtime pay would be $30 ($20 x 1.5).  The Qualified Overtime Deduction would be $10. 

     

    Even if your union contract negotiated overtime pay of $40 per hour, the Qualified Overtime Deduction would remain $10 because the deduction is defined by what is required by the Fair Labor Standards Act. 

     

    Other Qualified Overtime Deduction information: 

      

    • 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 reduces federal income tax liability, it does not exempt overtime pay from Social Security and Medicare taxes.  Employees will still owe these taxes on their overtime earnings.
    • Taxpayers filing as married filing separately are not eligible for the deduction.
    • The deduction is available for both itemizing and non-itemizing taxpayers.

    See this TurboTax Help.


     

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