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Wednesday, November 26, 2025

What Employers Need to Know About No Tax on Tips, Overtime - CBIA

The following article first appeared in the News & Analysis section of Littler Mendelson’s website. It is reposted here with permission.

On July 3, 2025, the U.S. House of Representatives narrowly passed H.R.1, the so-called “One Big Beautiful Bill Act,” ending a dramatic journey through Congress that dominated headlines in recent weeks.

President Donald Trump signed the bill into law July 4. The act is intended to be the Trump administration’s marquee legislation leading up to the 2026 midterm elections.

It includes several provisions related to campaign promises made by then-candidate Trump.

This ASAP explains two of the campaign’s more populist campaign promises that were incorporated into the final legislation: “no tax on tips” and “no tax on overtime.”

Section 70201 of the act establishes a new above-the-line tax deduction for “qualified tips.” The following conditions apply:

  1. The deduction is capped at $25,000 per year. This amount is reduced by $100 for each $1,000 by which the taxpayer’s modified adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return).
  2. To be considered a “qualified tip,” the amount must: (a) be paid voluntarily without any consequence in the event of nonpayment; (b) not be the subject of negotiation; and (c) be determined by the payor. Thus, for example, a mandatory service charge imposed by the employer for a banquet will not qualify for the deduction, and neither will a required gratuity that a restaurant adds...


Read Full Story: https://news.google.com/rss/articles/CBMicEFVX3lxTE5fUUpSYnpVTEtSNnE4Q1djWlhL...