Accessibility Tools

Skip to main content

The Latest      —

Issues Arise for Employers Concerning the Overtime Tax Break

Written on .

The new Administration’s tax law lets most workers deduct up to $12,500 of the “half” of the “time-and-a-half” of federal overtime income this year through 2028.  However, the benefit does not apply to Social Security and Medicare taxes.  Payroll systems will need to be programmed for 2026 to track the relevant income so that it can be reported.  The Internal Revenue Service (IRS) has stated employers may report qualified overtime for 2025 in Box 14 of the 2025 W-2.  

There is an issue whether employers separate the income eligible for the overtime deduction in tax forms they send employees.  Most employers want to accommodate their workers, but some companies fear some legal risk if they do this incorrectly.  The IRS has provided guidance to employees on how to calculate the deduction.  There is penalty relief available on the W-2 Form reporting for 2025, but only for that year.  The guidance indicates employers won’t face penalties for neglecting to separately provide the total amount of overtime compensation.  The hope is that the new information from the IRS will assist employers in calculating the overtime deduction properly, making the possibility for penalties less worrisome.  The IRS has not updated the W-2 Forms for the 2025 tax year to account for the overtime deduction, but employers can use a box for “Other” if they report their employees’ eligible compensation.  The recent guidance only applies to the 2025 tax year, and people are filling out their returns in 2026 for the 2025 tax year. 

This article is part of our January 2026 Newsletter. 

View the newsletter online

Download the newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
end of words, pavement
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
we are hiring sign
The Economist magazine reports that job interviews are “the worst way to select people, except for all the others.”  One of the more encour…
fighting rams
Of primary importance is that the best avoidance is to recognize the early warning signs.  In other words, at the beginning of a confrontat…
shutdown, washington
A good amount of publicity has come out recently about two major closings that employers blame on their unions.  In the most recent, at the…
gavel
In December of 2025, an Oregon federal judge refused Union Pacific’s effort to set aside a $27 million verdict in a suit from the worker al…
hello
Discrimination rules applicable to national origin is a priority for the current chairperson of  the Equal Employment Opportunity Commissio…