H.R. 3118

119 HR 3118 IH: No Tax on Overtime Act
 U.S. House of Representatives
 2025-04-30
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 3118  IN THE HOUSE OF REPRESENTATIVES   April 30, 2025   Mr. Moran  introduced the following bill; which was referred to the  Committee on Ways and Means    A BILL
To amend the Internal Revenue Code of 1986 to allow a deduction for qualified overtime compensation.
1.
Short title
This Act may be cited as the   No Tax on Overtime Act  .
2.
No tax on overtime
(a)
Deduction allowed
Part VII of subchapter B of chapter 1 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:
224.
Qualified overtime compensation
(a)
In general
There shall be allowed as a deduction an amount equal to the qualified overtime compensation received during the taxable year.
(b)
Limitations
(1)
Maximum hours
For purposes of determining the amount of the deduction allowed under subsection (a), the amount of qualified overtime compensation taken into account under subsection (a) for any taxable year shall not exceed the amount of such compensation which relates to not more than 300 hours of service.
(2)
Joint returns
In the case of a joint return, paragraphs (1) and (2) shall be applied separately with respect to the qualified overtime compensation of each spouse.
(3)
Phaseout based on modified adjusted gross income
The amount of the deduction under subsection (a) (after the application of paragraphs (1), (2), and (3)) shall be reduced by $100 for every $1,000 by which the modified adjusted gross income of the taxpayer for the taxable year exceeds $100,000 ($200,000, in the case of a joint return).
(4)
Modified adjusted gross income
For purposes of this subsection, 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
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.
(d)
Social security number required
No deduction shall be allowed under this section with respect to qualified overtime compensation unless the taxpayer includes the social security number (as defined in section 24(h)(7)) of the individual to whom such compensation was paid on the return of tax for the taxable year.
 .
(b)
Deduction allowed to non-Itemizers
Section 63(b) is amended by striking  and  at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting  and , and by adding at the end the following new paragraph:
(5)
the deduction provided in section 225.
 .
(c)
Requirement To include overtime compensation on W–2
Section 6051(a) is amended by striking  and  at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting  , and , and by inserting after paragraph (17) the following new paragraph:
(18)
the total amount of qualified overtime compensation (as defined in section 225(c)).
 .
(d)
Omission of correct social security number treated as mathematical or clerical error
Section 6213(g)(2) is amended by striking  and  at the end of subparagraph (U), by striking the period at the end of subparagraph (V) and inserting  , and , and by inserting after subparagraph (V) the following new subparagraph:
(W)
an omission of a correct social security number required under section 225(d) (relating to deduction for qualified overtime).
 .
(e)
Clerical amendment
The table of sections for part VII of subchapter B of chapter 1 is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting after the item relating to section 223 the following new item:
Sec. 224. Qualified overtime compensation.
  .
(f)
Withholding
The Secretary of the Treasury (or the Secretary’s delegate) shall modify the tables and procedures prescribed under section 3402(a) to take into account the deduction allowed under section 224 (as added by this Act).
(g)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2024.