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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 225 Qualified overtime compensation us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 225 26 U.S.C. § 225 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s225 data/legal/raw/us/code/title-26/usc26.xml e6354ba28a463e85a5065a249160adbaaa8427d7cebc9eb34ff6a2bf801fdd4b a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 ec69d9cca0f69b5b4acb8a63973bdbf580c5a21c216d3e425d364db5df020a89 2026-07-04 official
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26 U.S.C. § 225 - Qualified overtime compensation

Text

(a) In general There shall be allowed as a deduction an amount equal to the qualified overtime compensation received during the taxable year and included on statements furnished to the individual pursuant to section 6041(d)(4) or 6051(a)(19).

(b) Limitation (1) In general The amount allowed as a deduction under this section for any taxable year shall not exceed $12,500 ($25,000 in the case of a joint return).

(2) Limitation based on adjusted gross income (A) In general The amount allowable as a deduction under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $100 for each $1,000 by which the taxpayers modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).

(B) Modified adjusted gross income For purposes of this paragraph, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.

(c) Qualified overtime compensation (1) In general For purposes of this section, the term “qualified overtime compensation” means overtime compensation paid to an individual required under section 7 of the Fair Labor Standards Act of 1938 that is in excess of the regular rate (as used in such section) at which such individual is employed.

(2) Exclusions Such term shall not include any qualified tip (as defined in section 224(d)).

(d) Social security number required (1) In general No deduction shall be allowed under this section unless the taxpayer includes on the return of tax for the taxable year such individuals social security number.

(2) Social security number defined For purposes of paragraph (1), the term “social security number” shall have the meaning given such term in section 24(h)(7).

(e) Married individuals If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayers spouse file a joint return for the taxable year.

(f) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to prevent abuse of the deduction allowed by this section.

(g) Termination No deduction shall be allowed under this section for any taxable year beginning after December 31, 2028.

(Added Pub. L. 11921, title VII, § 70202(a), July 4, 2025, 139 Stat. 174.)

Notes

Editorial Notes

References in TextSection 7 of the Fair Labor Standards Act of 1938, referred to in subsec. (c)(1), is classified to section 207 of Title 29, Labor.

Prior ProvisionsA prior section 225 was renumbered section 226 of this title.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to taxable years beginning after Dec. 31, 2024, see section 70202(g) of Pub. L. 11921, set out as an Effective Date of 2025 Amendment note under section 63 of this title.