Washington—As tax season looms, the Internal Revenue Service is quietly loosening the reins on a signature provision of President Trump’s “One, Big, Beautiful Bill,” allowing tipped workers in certain service industries to claim fuller deductions than the law strictly permits. The agency’s latest guidance, issued Friday, delays enforcement of the “specified service trade or business” (SSTB) restriction, a move that could swell refunds for thousands when they file for 2025.
This flexibility comes amid administrative chaos from the retroactive tax breaks, signed into law on July 4 and applying to income earned this year. The “no tax on tips” deduction, capped at $25,000 for individuals and phasing out above $150,000 in adjusted gross income ($300,000 for couples), was designed to put cash back in servers’, bartenders’ and drivers’ pockets. Yet the SSTB clause—barring deductions for workers in fields like health, law, performing arts and athletics—threatened to exclude many, depending on their employer’s business classification.
Navigating the SSTB Maze
The IRS clarification states the SSTB limit “won’t be enforced until the first year after final regulations are released,” likely pushing it beyond tax year 2026. This buys time for a self-employed piano player, potentially disqualified, while a hotel-employed counterpart qualifies. “Many employers and workers don’t know whether they fall in that SSTB category,” the Wall Street Journal reported, highlighting the confusion.
Earlier IRS guidance listed nearly 70 tipped occupations eligible, from bartenders to water taxi operators, per an IRSnews post on X. But the SSTB hurdle loomed large. The delay means workers in ambiguous roles can claim the full break now, based on pay stubs or records, without immediate audit risk.
Complementing this, the IRS on November 5 announced penalty relief for employers on 2025 reporting of tips and overtime, per IRS.gov. “The Department of the Treasury and the IRS today issued guidance providing penalty relief to employers,” it stated, easing payroll burdens.
Overtime Deduction’s Tangled Formula
The paired “no tax on overtime” provision caps at $12,500 for individuals ($25,000 couples), also phasing out at income thresholds. Eligibility hinges on Fair Labor Standards Act-mandated pay—time-and-a-half for hours over 40 weekly—not always clear for airline or railroad workers under separate laws. New guidance lets claimants “calculate how much they can deduct based on their pay stubs, by backing out the ‘half’ of the ‘time and a half,’” per the Wall Street Journal.
Friday’s broader update for 2025 tip and overtime recipients builds on this. “Treasury, IRS provide guidance for individuals who received tips or overtime during tax year 2025,” IRS announced on IRS.gov and X. Taxpayers can claim regardless of standard or itemized deductions, accelerating relief via refunds next spring.
Yet challenges persist. Retroactivity demands records many lack, and phaseouts complicate math. Proposed regulations from September 22, noted in Quarles & Brady, signal more rules ahead, but Treasury’s Kenneth Kies hinted at delays amid shutdowns.
Employer Relief Amid Reporting Overhaul
Employers dodged penalties for imperfect 2025 Forms W-2 and 1099s tracking qualified tips and overtime. “IRS gives employers a breather on no tax on tips, overtime reporting for 2025,” Forbes explained, citing Notice 2025-62. This mirrors past IRS leniency, like 2021 extensions for COVID relief filings, per IRSnews X posts.
The law’s scope is vast: IRS identifies occupations from manicurists to casino dealers. Posts on X from IRSnews emphasize, “From bartenders to water taxi operators, nearly 70 occupations of tipped workers who may now qualify.” Self-employed face stricter SSTB tests, but the delay offers a grace period.
Administrative strain echoes implementation hurdles. “The retroactive tax cut will get money to workers faster, but it also poses unusual administrative challenges,” the Wall Street Journal noted.
Phaseouts and Eligibility Fine Print
Deductions fully phase out at $150,000/$300,000 AGI, but partial claims apply in between. Overtime must exclude base pay equivalents; tips cover cash and charged, excluding SSTBs post-delay. Kiplinger details: “The full $25,000 tip income deduction starts phasing out once income reaches $150,000 for individuals.”
States push back on conformity, per recent news, complicating multi-state filers. Paychex warns businesses: “Learn how the 2025 tax law affects no tax on tips and no tax on overtime.” IRS urges waiting on amendments, akin to 2021 unemployment relief guidance.
Final regs could tighten SSTB definitions, but for 2025-2026, leniency reigns. Workers should segregate records now, as audits may probe later.
Broader ‘Big Beautiful Bill’ Ripples
Beyond tips and overtime, the bill boosts adoption credits to $5,000 refundable and excludes 25% of rural loan interest, per IRSnews on X. “Certain lenders can now exclude from gross income 25% of the interest,” it posted November 20.
Industry insiders eye compliance costs. Mondaq affirms: “IRS Will Not Impose Penalties Based On Reporting Of ‘No Tax On Tips’ And ‘No Tax On Overtime’ For 2025.” Payroll firms like Paychex scramble to update systems.
For insiders, the real play is strategic filing: Maximize via pay stub math, claim early, adjust later if regs shift. This IRS pivot signals pragmatic governance over rigid enforcement.


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