Impact of the No Tax on Overtime provision to QuickBooks Payroll
by Intuit•4693• Updated 2 weeks ago
The One, Big, Beautiful Bill (OB3), also known as the “Working Families Tax Cut Act," became law on July 4, 2025 as Public Law 119-21. The tax breaks received from this act will be taken when individuals file their personal income taxes. There are no changes to tax withholdings on paychecks.
The rules for tracking and reporting “qualified overtime” for tax years 2026–2028 will require some attention when running payroll.
What’s Qualified Overtime
Qualified Overtime is the compensation that exceeds the regular rate of pay based on Section 7 of the Fair Labor Standards Act (FLSA) of 1938.
The FLSA provides that employers must generally pay covered, nonexempt employees one-and-a-half times their regular rate of pay for hours worked over 40 hours per week. This means that the “half” of the “time-and-a-half” required by the FLSA is “qualified overtime.”
Amounts that exceed the “half” of time-and-a-half, or amounts paid more generously than what is required by the FLSA hours per week rule won't qualify for the tax breaks. This includes states which have policies that differ from the FLSA.
To find other calculation solutions where overtime pay is calculated more generously than the FLSA rules see: IRS Notice IR-2025-114. While this notice was released to help with 2025 amounts, the rules and examples can be used in future years
Track Qualified Overtime in QuickBooks:
Frequently Asked Questions
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