How to Avoid Getting Flagged for the New Overtime Premium Deduction
The new overtime premium tax deduction (up to $12,500) is one of the major refund boosters introduced under recent tax changes — but it also happens to be one of the most closely monitored. The IRS is aggressively scanning returns for improper claims, especially those that do not match employer-reported data.
If you claim this deduction incorrectly, you may trigger a review, a refund freeze, and in some cases a full examination signaled by TC 420 (Examination/Audit) on your tax transcript.
Here are the three major red flags that the IRS is watching for.
This is the single highest-risk mistake.
The overtime deduction only applies to the premium portion of overtime — the extra 0.5 pay above regular hourly wage.
For employees, the IRS requires employers to report this premium overtime in Box 14 of the W-2 under a designated code such as:
If you claim overtime deduction but your W-2 does not show these values, the IRS system flags the return.
The IRS simply says:
“If your employer did not report it, you cannot deduct it.”
This mismatch often results in:
This is a lesser-known trap.
Why?
Because the IRS statistically associates MFS returns with:
If you file MFS and take the overtime deduction, the return is much more likely to be tagged for manual scrutiny.
Especially if:
While MFS filers can claim the deduction, it is automatically flagged as higher risk, and may require verification.
This one is straightforward:
If you claim:
$5,000 in overtime deduction
but Box 14 shows:
$3,100 in premium overtime
The IRS immediately stops the return and requests clarification.
Taxpayers sometimes over-claim because:
But the IRS considers the employer-reported value the authoritative figure.
Your number must match — or be lower — than the amount the employer reported.
If you have multiple job employers, the IRS will verify each W-2 Box 14 entry.
If your return includes:
The IRS may review the entire return in aggregate.
Use only the overtime premium amount reported by your employer.
If the W-2 is missing overtime data:
Watch for:
Next steps may include:
If your employer made a mistake, YOU will still be the one dealing with the delay.
The IRS is not denying the overtime deduction — they’re simply making sure it’s used correctly.
You are safe if:
You are at risk if:
Claim it correctly — and it can significantly boost your refund. Claim it wrong — and it can significantly delay it.
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