The IRS has recently issued new guidance related to the reporting requirements for overtime wages and tips. Here is what employers need to know to stay compliant with the new regulations.
As a reminder, below is a brief summary of the new deductions for tips and overtime pay.
Tip Deduction
- Deduction of up to $25,000 per year per person for qualified tips.
- Applies to tax years 2025-2028.
- Available to individuals in qualifying tipped occupations.
- Limited to tips voluntarily paid by customers, including tips shared through pooling arrangements.
- Begins to phase out when the taxpayer’s modified adjusted gross income (MAGI) exceeds $150,000.
Overtime Deduction
- Deduction of up to $12,500 per year per person for qualified overtime compensation.
- Applies to tax years 2025-2028.
- “Qualified overtime compensation” is defined as the “half” portion of overtime pay required under the Fair Labor Standards Act (1.5 times an employee’s regular pay for all hours worked over 40 in a workweek). Anything beyond the half (i.e., double time or more) is not eligible for the deduction.
- Begins to phase out for taxpayers with a modified adjusted gross income (MAGI) above $150,000.
Most Recent Reporting Guidance for 2025-2026
- W-2s and 1099s for 2025 will not be updated to account for the changes under the One Big Beautiful Bill Act. Employers should continue using the current W-2 and 1099 forms for 2025 returns.
- Per IRS Notice 2025-62, the IRS is providing penalty relief for tip and overtime information reporting for tax year 2025. This means that employers will not be penalized for failing to provide a separate accounting of cash tips or qualified overtime compensation for 2025.
- While not legally required, employers are encouraged to provide employees with a separate accounting of cash tips (and occupation codes) and overtime compensation earned in 2025, so that employees can claim these deductions. Tip amounts can be provided to employees through an online portal, additional written statements, or other secure methods, while overtime compensation amounts can be provided in Box 14 of the employee’s W-2.
- Beginning in 2026, employers will be required to file information returns and provide employees with separate accountings of cash tips (as well as the occupation of the recipient) and qualified overtime pay. Employers should monitor IRS guidance for new or revised forms and reporting procedures for 2026.
- Employers should coordinate with payroll providers and ensure payroll systems are set up to track tips and qualified overtime compensation for each employee for tax year 2026.
A Reminder About Tip Credits
New York State’s tip credit allows hospitality employers in New York to pay tipped workers a rate that’s lower than minimum wage by including tips or a portion of them in wage calculations, as long as the employee’s combined wages plus tips equal at least the full minimum wage for their region. The FICA tip credit is a federal tax credit that allows eligible employers in industries where tipping is customary to reclaim a portion of FICA taxes paid on employee tips.
Contact RBT CPAs for Advice
Our experts at RBT CPAs are here to help breweries, distilleries, and distributors succeed by keeping you updated on the latest tax law updates and employer obligations. Give RBT CPAs a call today to make sure you’re prepared for the upcoming changes. Together, we can be remarkably better.


