Overtime Wages Tax Relief Act
Sponsored By: Senator Marshall, Roger [R-KS]
Introduced
Summary
Creates a new tax deduction for overtime pay. This bill would let many workers deduct a portion of their overtime earnings from taxable income and adds new reporting and withholding rules to implement the change.
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- Workers and households: Workers who earn overtime could deduct up to $10,000 of overtime pay on individual returns and $20,000 on joint returns. Overtime is defined as pay at least one and one-half times the regular rate for hours beyond limits set by the Fair Labor Standards Act or by qualifying agreements.
- Income limits: The deduction phases down for higher earners, starting at $100,000 of modified adjusted gross income for single filers and $200,000 for joint filers.
- Employers and tax administration: Employers must report total overtime pay on wage statements and the IRS must update withholding tables and procedures. The deduction would apply to tax years beginning after December 31, 2025.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Lower taxes on overtime pay
If enacted, you would be able to deduct up to $10,000 of overtime pay on your tax return. If married filing jointly, the cap would be $20,000. The deduction would be cut by $50 for each $1,000 (or fraction) your modified adjusted gross income is over $100,000 ($200,000 joint). "Overtime pay" would mean pay at least 1.5 times your regular rate for hours over the FLSA limit or a qualifying agreement. The deduction would be above-the-line and available to people who take the standard deduction. These rules would start for tax years after December 31, 2025.
New overtime reporting and withholding
If enacted, employers would have to report total overtime pay on wage forms. The Treasury would update withholding tables and procedures to reflect the new overtime deduction. The Secretary would issue rules and guidance employers must follow. Employers may need to update payroll systems and records. You may see changes in take-home pay after withholding changes. These rules would apply for tax years after December 31, 2025.
Sponsors & CoSponsors
Sponsor
Marshall, Roger [R-KS]
KS • R
Cosponsors
Sen. Tuberville, Tommy [R-AL]
AL • R
Sponsored 5/6/2025
Sen. Ricketts, Pete [R-NE]
NE • R
Sponsored 5/6/2025
Sen. Justice, James C. [R-WV]
WV • R
Sponsored 5/6/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov