Tax Year 2026Updated July 13, 2026

Does Ohio Tax Overtime in 2026?

Yes - Ohio still taxes overtime pay in 2026. Ohio conforms to the Internal Revenue Code as of March 5, 2026 (S.B. 9), which includes OBBBA. But the federal overtime deduction (IRC §225) is taken after AGI, and Ohio's return starts from federal AGI, so the deduction does not reduce Ohio income. Income above Ohio's $26,050 zero bracket is taxed at 2.75%. The federal deduction still applies on your federal return.

How Ohio's Overtime Tax Treatment Works

Conformity: ORC 5701.11 defines the Internal Revenue Code for Ohio purposes as the Code as it existed on that section's effective date. S.B. 9 of the 136th General Assembly updated that date to March 5, 2026, bringing in federal changes made since March 7, 2025, including OBBBA.

Why conformity does not help: Ohio's IT 1040 starts on line 1 with federal adjusted gross income, which must match your federal AGI. The OBBBA overtime deduction is figured on Schedule 1-A after AGI and subtracted on Form 1040 line 13b. Ohio never uses that later figure, so the deduction never reaches the Ohio return.

The result: overtime pay is taxed in Ohio like any other wages. Income above the $26,050 zero bracket is taxed at 2.75%.

Federal Overtime Deduction Quick Reference

DetailValue
IRC Section§225 (OBBBA)
Maximum deduction$12,500 overtime ($25,000 MFJ)
Deduction typeAbove-the-line (Schedule 1-A)
FICA still applies?Yes (Social Security 6.2% + Medicare 1.45%)
MFS eligible?No (MFJ or Single/HoH only)
Effective datesJan 1, 2025 – Dec 31, 2028
Ohio treatmentDoes not conform
What qualifies?Overtime premium only (the 0.5x above regular rate), FLSA non-exempt employees

Worked Examples Comparing Federal and Ohio Treatment

Example 1: Warehouse worker with $50,000 income and $8,000 in overtime premium (single filer, 12% federal bracket)

Federal return:
Qualifying overtime premium: $8,000
Overtime deduction claimed: $8,000 (capped at $12,500)
Estimated federal tax savings: $960.00

Ohio return:
The federal overtime deduction is taken after AGI, so this worker's Ohio income still includes the full $8,000 premium. With $50,000 of total income, above the $26,050 zero bracket, that premium carries about $220 of Ohio tax at 2.75%. No Ohio savings.

Example 2: Nurse with $80,000 income and $12,500 in overtime premium (single filer, 22% federal bracket)

Federal return:
Qualifying overtime premium: $12,500
Overtime deduction claimed: $12,500 (capped at $12,500)
Estimated federal tax savings: $2,750.00

Ohio return:
This nurse claims the full $12,500 single-filer cap federally. On the Ohio return the premium stays in income and carries about $344 of Ohio tax at 2.75%.

Ohio-Specific Rules and Considerations

Flat 2.75% rate with zero bracket: Ohio taxes income at 0% up to $26,050 and 2.75% above it. Overtime counts toward that total like other wages.

Municipal and school district income taxes: Ohio cities and many school districts levy their own income taxes. They tax earned income or Ohio income, and the federal overtime deduction reduces neither.

Related Tools

Frequently Asked Questions

Does Ohio conform to the OBBBA no-tax-on-overtime provision?
Ohio conforms to the Internal Revenue Code as of March 5, 2026 (ORC 5701.11 as amended by S.B. 9), which includes OBBBA. But that gives Ohio workers no overtime benefit: Ohio starts from federal adjusted gross income (IT 1040 line 1), and the overtime deduction is taken after AGI. Ohio income and Ohio tax are unchanged.
Why doesn't the federal overtime deduction lower Ohio tax?
The deduction is figured on Schedule 1-A after AGI and subtracted on Form 1040 line 13b. Ohio's return starts from line 11a, federal AGI, and must match it. The deduction never reaches the Ohio return, and Ohio has no separate subtraction for overtime.
Is Ohio's conformity rolling or fixed-date?
Fixed-date. ORC 5701.11 adopts the Internal Revenue Code as it existed on that section's effective date, which the General Assembly updates by bill. S.B. 9 of the 136th General Assembly, effective March 5, 2026, moved the date forward to include federal changes made since March 7, 2025.
What is the federal overtime deduction cap?
Up to $12,500 of qualified overtime premium for single filers, $25,000 married filing jointly. Only the premium above your regular rate qualifies. The cap applies on your federal return; it does not create an Ohio deduction.
How does Ohio's zero bracket affect overtime workers?
Ohio taxes income at 0% up to $26,050 and at 2.75% above that. Overtime pay counts toward that total like other wages.
Do Ohio municipal income taxes exclude overtime premium?
No. Ohio municipal income taxes are generally imposed on gross earned income, not federal AGI, so overtime pay remains subject to them. Check your city's tax office for its rules.