IRS Guidance 2025: How to Claim “No Tax on Tips” & Overtime Deductions

As we approach the end of 2025, millions of US taxpayers are preparing to file their returns under the significant changes introduced by the One Big Beautiful Bill Act (OBBBA). The most talked-about provisions the “No Tax on Tips” and “No Tax on Overtime” deductions are finally here.
However, a major question has been looming: How do you claim these deductions if your employer hasn’t separately reported these amounts on your W-2?
The Treasury and IRS have just released Notice 2025-69, providing the critical guidance needed to answer this question. If you worked in the service industry or clocked overtime hours in 2025, here is everything you need to know to ensure you don’t miss out on these tax savings.

The "No Tax on Tips & Overtime" Rules: A Quick Recap

Signed into law in July 2025, the new legislation allows eligible taxpayers to deduct a portion of their tip and overtime income from their federal taxable income. This applies to Tax Year 2025 (filed in early 2026) through 2028.

Qualified Tip Deduction Limits

  • Deduction Cap: You can deduct up to $25,000 of qualified tips annually.
  • Phaseout: The benefit begins to decrease for single filers with a Modified Adjusted Gross Income (MAGI) over $150,000 ($300,000 for joint filers).
  • Requirement: Tips must be voluntary (not mandatory service charges) and received in a “customarily tipped occupation.”

Qualified Overtime Deduction Limits

  • Deduction Cap: You can deduct up to $12,500 of qualified overtime pay (or $25,000 for joint filers).
  • Definition: “Qualified overtime” generally refers to the “premium” portion of your pay (the extra “half” in “time-and-a-half”) required under the Fair Labor Standards Act (FLSA).

The 2025 Reporting Gap: Why Your W-2 May Be Missing Data

Here is the challenge for this filing season: Because the law was passed halfway through the year, most payroll systems were not ready to track “Qualified Tips” and “Qualified Overtime” separately.

Recognizing this, the IRS granted “transition relief” to employers for 2025. This means your employer is NOT required to separately report these specific deductible amounts on your 2025 Form W-2.

While some employers may voluntarily provide this information in Box 14 of your W-2 or on a separate statement, many will not. This leaves the responsibility on you, the taxpayer, to calculate the correct deduction amount.

How to Calculate Your Deduction Without Employer Reporting (Notice 2025-69)

In Notice 2025-69, the IRS clarified exactly how you can substantiate your claim if your W-2 doesn’t do the math for you.

Calculating Your Qualified Tips

 

If your W-2 does not explicitly list “Qualified Tips,” you can determine your eligible amount using the following sources:

  1. Form W-2, Box 7: You can use the amount listed under “Social Security tips.”
  2. Form 4070: The total tips you reported to your employer during the year.
  3. Form 4137: If you had unreported tips that you are now declaring on your tax return, these can also count toward the deduction (up to the limit).

Tip: If you are self-employed (e.g., a gig worker), you can use your own daily logs or records from third-party apps to substantiate your tips, provided you are in a qualifying occupation.

Calculating Your Qualified Overtime

This is slightly more complex. If your pay stubs don’t clearly separate the “overtime premium,” the IRS allows you to use a “reasonable method” to estimate it.

  • The “Half” Rule: Generally, the deduction applies to the premium portion of the pay. If you are paid “time-and-a-half” (1.5x), the deductible portion is the 0.5x.
  • Calculation: You can look at your total overtime pay for the year and identify the portion that exceeds your regular rate.
  • Documentation: Keep your year-end pay stub! It is the most critical document you will have if your W-2 lacks the detail.

Eligibility Check: Do You Qualify?

Not every dollar of extra pay qualifies. To prevent abuse, the IRS has set strict boundaries:

  1. Customary Occupations: For the tip deduction, you must work in an occupation listed by the Secretary of the Treasury as one that “customarily and regularly” receives tips (e.g., servers, bartenders, barbers, taxi drivers).
  2. FLSA Rules: For overtime, the pay must generally be required under Section 7 of the FLSA. Voluntary overtime paid by an employer that isn’t legally required might not qualify.
  3. No “SSTB” Loophole: Generally, you cannot claim the tip deduction if you are a business owner in a “Specified Service Trade or Business” (SSTB) like law, accounting, or consulting. However, W-2 employees in these fields may still have eligibility under specific circumstances this is a gray area where professional advice is highly recommended.

Preparing for Tax Season 2026: Next Steps

The 2025 tax year is unique. It is a transition year where the tax breaks exist, but the paperwork (W-2s) might not match up perfectly. This places a burden on taxpayers to calculate their own deductions accurately to avoid an IRS audit.

What you should do now:

  • Gather Records: Collect every pay stub from 2025, specifically the final year-end statement.
  • Check Your Log: If you receive cash tips, ensure your tip log is up to date.
  • Wait for Forms: Don’t file immediately in January. Wait to see if your employer issues a corrected W-2 or a separate statement with the new data.

How TheTaxBooks Can Help

Navigating these new calculations can be tricky, especially for US expats or business owners trying to help their staff. At TheTaxBooks, we specialize in complex US tax filing for individuals and businesses. We can help you:

  • Accurately calculate your “Qualified Tip” and “Qualified Overtime” amounts based on Notice 2025-69.
  • Review your W-2s and pay stubs to ensure maximum eligibility.
  • File your Federal and State returns correctly to prevent delays.

To learn more about how you can reduce your taxes and save money, check out the helpful resources on our blog or contact us today to schedule a consultation.

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