Skip to main content

No tax on tips (and overtime): How the new deductions actually work

The new tips and overtime deductions are real — but they have limits, phaseouts, and an official occupation list. A DFW CPA breaks down who actually qualifies.

Krystal Le, CPA7 min read

Frequently asked questions

Is tip income really tax-free now?

Not exactly. Tips are still reported as income and still subject to Social Security and Medicare taxes. What's new is a federal income tax deduction of up to $25,000 per year for qualified tips, available 2025 through 2028, even if you take the standard deduction. It phases out above $150,000 of income ($300,000 married filing jointly).

Do I qualify for the overtime deduction if I'm salaried?

Generally no. The deduction only covers overtime premium pay that federal law (the FLSA) requires — the 'half' in time-and-a-half for hours over 40 per week. If you're an exempt salaried employee, your employer isn't required to pay you FLSA overtime, so there's nothing to deduct.

Do automatic gratuities count as qualified tips?

No. The IRS final regulations require tips to be paid voluntarily by the customer. Mandatory service charges — like an automatic 18% added for large parties — don't qualify, even though they may feel like tips when they hit your paycheck.

Can self-employed workers claim the tips deduction?

Yes, if you work in an occupation on the Treasury's official tipped-occupation list — for example, a self-employed hairstylist or rideshare driver. Your deduction can't exceed your net profit from that business, and the same income phaseouts apply.

Krystal Le, CPA

Founder · LeCPA

Texas CPA since 2021. Founder of LeCPA in Richardson, Texas.

About Krystal