[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3118 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3118
To amend the Internal Revenue Code of 1986 to allow a deduction for
qualified overtime compensation.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Tax on Overtime Act''.
SEC. 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:
``SEC. 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.
<all>