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The One Big Beautiful Bill Act: What Government Employers Need to Know About Overtime, Tips, and More

Accountants love numbers, and the IRS loves acronyms. So, when the One Big Beautiful Bill Act was signed into law on July 4, 2025, it didn't take long for it to earn a nickname: OB3. It's a massive legislative package — over 900 pages — that touches everything from permanent tax cuts to brand-new deductions most Americans have never had to think about before.

Our goal today is to demystify the provisions that matter most for government employers and their employees. We'll focus on the new no-tax-on-overtime provision, updated 1099 reporting thresholds, and some of the other headline deductions in the bill. And for those of you managing fire, police, or EMS personnel, there's a specific section you're going to want to read carefully.

What Is the One Big Beautiful Bill Act?

Signed on July 4, 2025, the OB3 is a sweeping 2025 legislative package that makes the individual income tax rates from the 2017 Tax Cuts and Jobs Act permanent. Its stated aim is to increase take-home pay for working families, and it does so through several major provisions — while funding those cuts through significant reductions to Medicaid and SNAP food assistance.

The bill is over 900 pages. If GASB 103 is the light reading of the government accounting world at under 12 pages, OB3 is decidedly the opposite. But the good news is you don't need to read all of it. Here's what you do need to know.

Key Deductions at a Glance

Permanent Tax Cuts and the Standard Deduction

The OB3 permanently extends the individual income tax rates that were set to expire in 2025 and doubles the standard deduction that was originally established under the 2017 TCJA. This is now permanent law, not a provision that needs to be renewed.

No Tax on Tips

The tips deduction allows eligible employees to deduct up to $25,000 per taxpayer per year for qualified tips received. A few important details:

  • The deduction is available to both itemizers and non-itemizers.
  • Tips must be voluntary, not negotiated, and not received in specified service trades or businesses. Qualified occupations have been assigned Tipped Occupation Codes: The codes are grouped into categories including Beverage/Food Service (100s), Entertainment (200s), Hospitality (300s), Home Services (400s), Personal Services (500s), Wellness (600s), Recreation (700s), and Transportation (800s), which are to be reported on form W2, box 14B.
  • The IRS has defined the occupations that customarily receive tips. This deduction cannot be restructured as tips for employees in non-tipped occupations — that approach won't hold up.
  • A valid Social Security number is required.
  • For joint filers, the deduction is still $25,000 — you do not get to double it.
  • Married taxpayers must file jointly to claim the deduction.
  • Tips will be reported on W-2s beginning in 2026, and new IRS withholding tax tables are already in effect for 2026.
  • This deduction is effective for tax years 2025 through 2028.
  • The vehicle must be for personal use and have a weight rating of under 14,000 pounds.
  • Final assembly must be in the United States — verifiable by the VIN number.
  • The debt must have been incurred after December 31, 2024, meaning vehicles purchased on or after January 1, 2025, are eligible.
  • Phase-outs begin at $100,000 for single filers and $200,000 for joint filers, reducing by $200 for every $1,000 of AGI above those thresholds.
  • The VIN must be reported on the tax return.
  • This deduction is available to both itemizers and standard deduction filers.
  • Tax-deferred investment accounts for children, similar in structure to a traditional IRA.
  • Annual contributions are limited to $5,000, indexed for inflation. Employers may contribute up to $2,500 of that amount annually.
  • Investments are limited to mutual funds or ETFs that track a qualified index fund — such as an S&P 500 or broad US market fund — with annual fees and expenses no greater than 0.1% of the balance.
  • No additional contributions after the beneficiary turns 18. Distributions cannot occur until the calendar year the beneficiary turns 18.
  • If an eligible individual does not have an account by the time their first tax return is filed claiming them as a qualifying child, the IRS will establish one on their behalf.
  • Form 1099-NEC (payments to non-employees): threshold increases to $2,000 starting in 2026.
  • Form 1099-MISC (rents, prizes, and other income): threshold moves to $2,000 for most items starting in 2026. Royalties remain at $10.
  • 1099 interest reporting: the $10 threshold for interest is expected to remain in place; look for additional IRS guidance on whether that changes for 2026.
  • Beginning in 2027, the $2,000 threshold will be indexed for inflation, so check each year going forward.
  • Fire protection personnel: firefighters, paramedics, EMTs, rescue workers, ambulance personnel, and hazardous materials workers.
  • Law enforcement personnel: police officers, detectives, sheriffs, and other personnel with the power to arrest, as well as those undergoing law enforcement training or engaged in law enforcement activities.
  • Correctional institution personnel: security personnel, guards, and correctional officers.
  • Support staff in fire or police departments providing dispatching, equipment maintenance, and similar functions may also be covered.
  • Qualified overtime must be reported separately from regular wages in Box 12 using code TT.
  • Qualified tips continue to be reported in Box 7 (no change) and remain in Box 1 as total compensation.
  • Box 1 total wages are not changing — all wages, tips, and compensation continue to be reported there.
  • If an employee has more than four Box 12 codes, W-2s only allow four lines per form. Check whether your payroll software allows additional lines, or plan to issue a supplemental W-2 for the overflow codes.
  • Review your payroll software now. Verify that it is tracking and calculating qualified overtime accurately under the FLSA definition — not just total overtime pay.
  • Ensure data separation. Your payroll reports should be breaking out regular pay, overtime pay, shift differentials, and other pay types that would not qualify under OB3.
  • Confirm Box 12 readiness. Make sure your system can generate the TT code in Box 12 for the 2026 W-2.
  • Identify your non-exempt employees. Only those eligible for FLSA overtime qualify for this deduction. Know which of your employees fall into this category.
  • Document your 7K work period policy. If you have fire or law enforcement personnel under the 7K exemption, make sure your designated work period is formally established and documented.
  • Educate your employees. Many of your staff may not yet know this deduction exists or how it works. Help them understand that only the 0.5 premium portion is eligible, that it is subject to phase-outs, and that they will need the amount from Box 12 of their W-2 to claim it on their individual tax return.

No Tax on Overtime — The Provision That Most Directly Affects You

This is the provision with the most significant operational impact for government employers, and we'll spend more time on it below. The deduction is $12,500 for individual filers and $25,000 for joint filers on qualified overtime compensation as defined under Section 7 of the Fair Labor Standards Act (FLSA).

Phase-outs apply: the deduction reduces by $100 for every $1,000 of modified adjusted gross income above $150,000 for individuals and $300,000 for joint filers. Like the tips deduction, it's available to both itemizers and non-itemizers, requires a valid Social Security number, and married filers must file jointly.

Car Loan Interest Deduction

A new deduction of up to $10,000 of interest on car loans for new personal-use passenger vehicles with final assembly in the United States. Key conditions:

Senior Deduction

A new above-the-line deduction of $6,000 per taxpayer age 65 or older, effective for tax years 2025 through 2028. Phase-outs begin at $75,000 for single filers and $150,000 for joint filers. This replaces the original proposal to eliminate taxation on Social Security benefits entirely, which did not survive the budget reconciliation process.

Child Tax Credit

The Child Tax Credit is permanently extended and increased to $2,200 (up from $2,000), indexed for inflation going forward. The refundable portion is $1,700 for 2025 and will also be indexed. The $500 credit for other dependents is permanently extended but is not indexed for inflation. Both the child and at least one parent must have a Social Security number.

Trump Accounts

A new pilot program for U.S. citizens born between January 1, 2025, and December 31, 2028. The federal government will contribute $1,000 per child into each eligible account. No contributions may be made until July 4, 2026 — one year from the date of enactment. Key features:

1099 Reporting: The Threshold Is Going Up

The 1099 reporting threshold has been set at $600 for decades. Starting with tax year 2026, it increases to $2,000 for most payments — a change designed to significantly reduce the compliance burden for businesses.

This will meaningfully reduce the number of 1099s many organizations need to file each year.

Qualified Overtime: What It Is and Why It Matters for Employers

Let's dig into the provision that's going to require the most operational change for most government employers: the no-tax-on-overtime deduction. The word to hold onto throughout this entire section is 'qualified.' Not all overtime is qualified overtime under this provision.

Defining Qualified Overtime

Qualified overtime compensation refers specifically to the extra half-time premium portion of overtime pay — the 0.5 multiplier in time-and-a-half required by the FLSA. It is not the full overtime payment, and it is not overtime paid under state laws or collective bargaining agreements that exceed FLSA standards. It's the FLSA-mandated half portion only.

Here's how to think about it: if an employee earns $20 per hour, their overtime rate is $30. Only the $10 premium above the regular rate — the half-time portion — is the qualified overtime amount. A quick shortcut: divide the total overtime pay by three to get the 0.5 portion.

This deduction only applies to federal income tax. It does not exempt overtime from FICA — Social Security and Medicare taxes still apply in full.

Who Is Eligible?

Qualified overtime is available to non-exempt employees only — those entitled to overtime under FLSA Section 7. Non-exempt employees are typically hourly-paid workers: clerical staff, retail employees, food service workers, warehouse and manual laborers, and first responders including police, firefighters, and paramedics.

Exempt employees — higher-compensated executives, managers, professionals such as accountants, engineers, teachers, and administrators — are not eligible for this deduction.

Calculating Qualified Overtime: Three Examples

Let's walk through how the calculation works in practice.

Example 1 — Standard workweek: An employee works 45 hours during a Sunday-to-Saturday seven-day work period and earns $20 per hour. That's five hours of overtime at $30 per hour, totaling $150 in overtime pay. The qualified overtime is $150 divided by three, which equals $50.

Example 2 — Double time complicates the calculation: An employee works 50 hours in the same type of work period at $20 per hour, but eight of those overtime hours were paid at double time for working Saturday. She received $380 in overtime pay total. The qualified overtime is based only on the FLSA-mandated time-and-a-half rate — double time hours are not subject to the qualified overtime calculation. So: 10 total overtime hours at $30 per hour equals $300. Divide by three for the 0.5 portion: $100 of qualified overtime.

Example 3 — Fire protection under the FLSA 7K: A firefighter employed by a public agency works 245 hours in a 28-day work period at $50 per hour. Under the FLSA 7K exemption, the overtime threshold for fire protection personnel on a 28-day cycle is 212 hours. So, 245 minus 212 equals 33 overtime hours. At the $75 overtime rate, that's $2,475 in total overtime. The qualified 0.5 portion is $825.

Special Rules for Government Employees: The FLSA 7K Exemption

For government entities with fire protection and law enforcement personnel, the FLSA 7K provision is critical to understand because it changes how and when overtime is calculated.

Who Is Covered Under 7K?

The following government employees are generally eligible for the 7K exemption:

How 7K Changes the Overtime Calculation

Under the standard 40-hour workweek rule, overtime kicks in after 40 hours. Under 7K, the overtime threshold is set on a work period basis — not a workweek — ranging from 7 to 28 consecutive days. The thresholds on a full 28-day cycle are 212 hours for fire protection personnel and 171 hours for law enforcement personnel.

For shorter work periods, those thresholds are reduced proportionately. For example, on a 14-day cycle, fire protection personnel are owed overtime after 106 hours, while law enforcement must receive overtime after 86 hours.

One important distinction to note: a work period is not the same as a pay period. You could have a 21-day or 28-day work period while still paying employees every two weeks. Your work period policy should be documented.

In our polling during the session, just over half of respondents said they have a defined work period policy in place for fire and law enforcement personnel. If you don't have one, establishing it should be on your near-term to-do list.

Comp Time

A common question: how does comp time factor in? If an employee earns comp time and later uses it as leave — essentially treating it as paid time off — that time does not qualify as worked hours and is therefore not subject to overtime or the qualified overtime deduction. If, however, comp time is paid out, the same 0.5 calculation applies to the paid-out amount.

W-2 Reporting for 2026: What You Need to Do Now

Here's the critical compliance piece: in 2025, there was transitional relief on W-2 reporting because employers and payroll software developers simply didn't have enough time to build the required tracking and codes into their systems. In 2026, that relief is gone.

Starting with the 2026 W-2:

Failure to report qualified overtime correctly can result in penalties under the information return penalty structure, ranging from $60 to $680 per return depending on whether the filing was late, more than 30 days late, or not filed at all. Those penalties add up quickly.

Best Practices for Employers Starting Now

The 2026 reporting deadline is closer than it feels. Here's what we recommend:

If you have questions about how these provisions apply to your organization, reach out to your Brown Edwards contact. This is new territory for everyone, and we're here to help you navigate it.