ZOHAIR AND CO. GLOBAL ACCOUNTANTS

No tax on tips and overtime

No Tax on Tips and Overtime: Who Qualifies and How to Claim It (2025-2028)
US Federal Tax · Workers' Guide

No tax on tips and overtime: who qualifies, and how to actually claim it

Two of the most talked-about tax breaks in years are now live — and the IRS is already sending refunds. But the details decide whether you get to keep more of your money. Here's exactly who qualifies, what counts, and how to claim both deductions without slipping up.

Tips deduction
Up to $25,000
Overtime deduction
Up to $12,500*
Tax years
2025–2028
Claim it on
Schedule 1-A

The One Big Beautiful Bill Act created two brand-new deductions for working Americans: "No Tax on Tips" and "No Tax on Overtime." Both were signed into law on July 4, 2025, both are retroactive to the start of 2025, and the Treasury and IRS finalized the detailed rules in April 2026. The IRS has confirmed it is already issuing refunds to eligible workers.

Before anything else, clear up the biggest myth in the name itself:

"No tax" doesn't mean no tax at all. These are income-tax deductions, not a full exemption. Your tips and overtime are still subject to Social Security and Medicare (payroll) taxes, and may still be taxed by your state. What changes is how much federal income tax you owe on that money.

They also aren't permanent: both run only through the 2028 tax year unless Congress extends them. With that framing in mind, let's break down each one. (*Overtime is up to $12,500, or $25,000 for married couples filing jointly.)

How much you can deduct

You can deduct up to $25,000 of qualified tips per year. That $25,000 cap is per tax return, and it's the same whether you're single or married filing jointly. The deduction is available whether you take the standard deduction or itemize.

It phases out at higher incomes: the deduction drops by $100 for every $1,000 your modified adjusted gross income exceeds $150,000 (single) or $300,000 (joint). For the self-employed, the deduction can't exceed your net income from the business where the tips were earned.

Who qualifies: the occupation must be on the IRS list

This is the make-or-break rule. You can only deduct tips if you work in an occupation that the IRS has formally listed as one that "customarily and regularly received tips" on or before December 31, 2024. The final regulations name more than 70 occupations, organized under the Treasury Tipped Occupation Code (TTOC) system into eight categories:

Beverage & food serviceServers, bartenders, bussers, dishwashers, baristas
Entertainment & eventsMusicians, DJs, performers, event staff
Hospitality & guest servicesConcierges, housekeeping, bellhops, porters
Home servicesCleaners, landscapers, movers, repair & maintenance
Personal servicesPhotographers, event planners, pet care, visual artists, floral designers
Personal appearance & wellnessHairdressers, barbers, nail techs, massage therapists
Recreation & instructionGolf caddies, tour guides, instructors
Transportation & deliveryTaxi/rideshare drivers, delivery drivers, gas pump attendants, water taxi operators

The category list above shows examples, not the full official list. If your exact role isn't obvious, the specific IRS occupation list is the authority — and it's the first thing we'd check for you.

What actually counts as a "qualified tip"

Even in a listed occupation, only qualified tips are deductible. A tip qualifies when it is:

  • Paid voluntarily by the customer and not subject to negotiation — the customer must be able to reduce it (including down to zero, such as sliding a tip prompt to $0 on a card reader).
  • In cash or a cash equivalent — cash, check, credit/debit card, gift card, or electronic/mobile payments denominated in cash (think card tips, or app payments).
  • Received from customers, directly or through a mandatory or voluntary tip pool.
What does NOT count: automatic gratuities and mandatory service charges (for example, an automatic 18% charge for large parties with no option to modify it), tips paid in digital assets/crypto, and non-cash "in-kind" tips like event tickets, meals, or gifts.
The fine print: excluded businesses, owners, and managers

Specified service trades or businesses (SSTBs). Tips earned in an SSTB — fields like health, law, athletics, performing arts, consulting and financial services (as defined for the Section 199A deduction) — generally don't qualify. Note: IRS Notice 2025-69 provides transition relief that effectively suspends enforcement of this SSTB disqualification for 2025 until SSTB-specific rules are finalized, so this is an area to watch.

Owners and the employer as payor. To stop wages being relabeled as "tips," the rules apply a facts-and-circumstances recharacterization test — with an irrebuttable presumption against you if the employer itself is the payor of the tip, or the recipient has a direct ownership interest in the business.

Managers and supervisors. Tips a manager receives through a tip pool are not qualified. But tips a manager or supervisor receives directly for services they personally performed in a tipped occupation can still qualify, if all other requirements are met.

Quick self-check: could you qualify for the tips deduction?Tick the boxes that apply. This is an educational guide, not tax advice or a determination.
Tick the boxes above to see where you stand.

What this means for you

For workers, the message is simple: if you earn tips or overtime, make sure your 2025 return actually captures these deductions — and if you already filed without them, look into amending. For employers in tipped and hourly industries (restaurants, salons, hospitality, delivery), the harder work starts with 2026 payroll: correctly identifying qualified tips and overtime, coding them, and getting the new W-2 boxes right. Mistakes there cost your team their deductions and can expose you to reporting penalties once the relief period ends.

Sources (primary & official). One Big Beautiful Bill Act, Public Law 119-21, secs. 70201–70202 (adding Internal Revenue Code secs. 224 and 225), enacted July 4, 2025. Treasury/IRS final regulations, T.D. 10044, "Occupations That Customarily and Regularly Received Tips; Definition of Qualified Tips" (Federal Register, April 13, 2026; effective June 12, 2026; applicable to tax years beginning after Dec. 31, 2024). IRS News Release IR-2026-49 and the IRS "One, Big, Beautiful Bill provisions" pages. IRS Notice 2025-69 (2025 guidance for qualified tips and overtime, including SSTB transition relief) and IRS Notice 2025-62 (2025 information-reporting penalty relief). IRS Schedule 1-A (Additional Deductions) and Form 1040 instructions. Dollar limits and phase-outs stated for the 2025–2028 tax years as published by the IRS at the time of writing.
Disclaimer. This article is provided by Zohair & Co. Global Accountants for general information only and reflects our understanding of the One Big Beautiful Bill Act and related IRS and Treasury guidance as of the date of publication. It is not legal, tax or accounting advice, does not create a client relationship, and should not be relied upon for any specific situation. Eligibility depends on your particular facts, dollar thresholds and rules can change, and further IRS guidance (including on the SSTB rules) may affect how these deductions apply. Please consult a qualified professional about your circumstances before acting, and refer to the original statute, regulations and official IRS publications as the authoritative sources.
Scroll to Top