
2025 - 2028 Tax Updates
Client Education: "Tips and Overtime" (updated 2026)
7-minute read
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What.
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About That "No Tax on Tips or Overtime" Thing...
So you've probably heard about the new law saying there's "no tax" on tips and overtime. Here's the thing: it's not exactly what it sounds like. You're still paying taxes on your tips and overtime. What changed is you are now allowed a deduction that lowers your taxable income based on a portion of each. There are two other provisions in the 2025 -2028 tax years that you might benefit from, the car loan interest and senior (aged 65+) deductions. All will be outlined below.
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The Tips Part
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The US tax system is based on income. When you pay someone, it’s income to them, and your responsibility to report it to the IRS. There are financial penalties if you don’t, and a process of backup withholding if you can’t.
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The basics:
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If you work a job where you normally get tips such as a server, bartender, hairstylist, delivery driver, etc. (as defined by a Treasury tipped occupation code or “TTOC”), you can deduct up to $25,000 of those reported tips when you file your taxes! This is available regardless if you itemize or take the standard deduction.
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The catch:
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The maximum deduction of $25,000 is per return, not per taxpayer. If you file with a spouse, your combined deduction is maxed out at $25,000.
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Only reported tips count— I’ve bolded this again because if you didn’t report them, you can’t deduct them. The tips can be reported by your employer on a W-2 (mixed with your other wages), to you on a 1099, voluntarily yourself with IRS form 4137, or other documentation if it's included in your business income.
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Qualified tips do not include automatic service charges your employer adds to its customer checks. This could be gratuity or charges for large parties, even if you get some of it. The tip must have been voluntary and at the discretion of the tipper.The tips can be in cash, charged or through tip sharing.
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This was implemented mid year so likely your 2025 W-2 itself won’t have your tips identified separately from your other wages, you will need a secondary source to find that information like a final paystub.
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If you are married you must file a joint return to claim the deduction.
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If you make over $150,000 single or $300,0000 married, the deduction will start phasing out, aka shrinking.
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If you are self-employed, your deduction cannot be more than your business income.
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The deduction is just from federal income tax. You still pay Social Security and Medicare taxes on all of it and State taxes are a separate consideration because it varies by state.
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The overtime part.
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The basics:
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If you're a W-2 employee who works over 40 hours a week, you can deduct up to $12,500 (single) or $25,000 (married) of your overtime pay! This is available if you itemize or take the standard deduction.
The catch:
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Not all overtime qualifies. Only overtime required by the FLSA. That means:
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If you are classified as an “exempt” employee” you do not get the deduction.
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You must work over 40 hours in a single workweek.
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Daily overtime, state mandated, or employer offered overtime that is more generous than the federal requirements are not eligible.
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The overtime must be reported on a W-2 or 1099 or other statement given to you by the payor.
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You can only deduct the "extra half" part of time-and-a-half pay, they call it the “premium”
Example: You make $20/hour normally, so overtime is $30/hour. You can only deduct that extra $10/hour, not the full $30 to get to the maximum.
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If you are married you must file a joint return to claim the deduction
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If you make over $150,000 single or $300,0000 married, the deduction will start phasing out, aka shrinking.
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The deduction is just from federal income tax. You still pay Social Security and Medicare taxes on all of it and State taxes are a separate consideration because it varies by state.
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The Senior Deduction (65+)
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The basics:
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If you're 65 or older (or turn 65 in 2025), you get an automatic $6,000 deduction
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This one is actually straightforward—no complicated calculations
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Available whether you itemize or take the standard deduction
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The catch:
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The deduction starts to phase out once your income exceeds $75,000 (single) or $150,000 (married filing jointly)
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It phases out at 6 cents per dollar over those thresholds
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Completely gone at $175,000 (single) or $250,000 (married)
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You need a valid Social Security number
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If you're married filing jointly and both spouses are 65+, you each get $6,000 (so $12,000 total)
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The car loan interest
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The basics:
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If you buy a new personal car with a loan, you can deduct some of the interest you pay! You can deduct up to $10,000 a year in interest from 2025-2028. This is available if you itemize or take the standard deduction.
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The catch:
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Not every car or loan qualifies. To get the deduction, you must meet all these rules:
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The Vehicle: You must have bought a brand-new car, truck, SUV, minivan, van, or motorcycle. Used vehicles don't count. It must be assembled in the USA and weigh under 14,000 pounds.
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If you need a resource for this the NHTSA (National Highway Traffic Safety Administration) has a VIN decoder website (https://www.nhtsa.gov/vin-decoder)
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Put the VIN in for the vehicle in question and check the weight, and “plant information” to get that info.
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The Loan: The loan must start after Dec. 31, 2024. It has to be a purchase loan (leases don't count) and must be for personal use only (not business).
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The Income Limit: If you make over $100,000 (single) or $200,000 (married, filing jointly), the deduction starts to shrink (phase out).
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Married Filing: If you are married, you must file a joint return to claim the full deduction.
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