Does Tennessee Tax Overtime in 2026?
No - Tennessee does not tax overtime because it has no state income tax on wages. Tennessee has never taxed wage income. The now-repealed Hall Tax applied only to interest and dividend income, and a 2014 constitutional amendment prohibits any future tax on earned income. Overtime pay owes $0 in Tennessee state tax. Tennessee workers still benefit from the federal OBBBA overtime deduction (IRC §225), which allows deducting up to $12,500 ($25,000 MFJ) in overtime premium pay from federal adjusted gross income.
How Tennessee's Overtime Tax Treatment Works
Tennessee is one of nine states with no state income tax on wages. Tennessee's situation is unique because it previously had the Hall Tax on interest and dividend income (repealed January 1, 2021), but it has never taxed wages, salaries, or overtime pay. In 2014, voters approved a constitutional amendment (Amendment 3) that prohibits any state or local tax on payroll or earned income.
Federal benefit still applies: Tennessee workers can claim the federal OBBBA overtime deduction (IRC §225) on their federal return, deducting up to $12,500 ($25,000 MFJ) in qualifying overtime premium pay from federal AGI.
No employee payroll taxes: Tennessee imposes no employee-side income or payroll taxes. Employers pay State Unemployment Insurance (SUI) tax, but employees see no state deductions from their paychecks. Federal FICA taxes (6.2% Social Security + 1.45% Medicare) still apply to all overtime wages.
Federal Overtime Deduction Quick Reference
| Detail | Value |
|---|---|
| IRC Section | §225 (OBBBA) |
| Maximum deduction | $12,500 overtime ($25,000 MFJ) |
| Deduction type | Above-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 dates | Jan 1, 2025 – Dec 31, 2028 |
| Tennessee treatment | Does not conform |
| What qualifies? | Overtime premium only (the 0.5x above regular rate), FLSA non-exempt employees |
Worked Examples Comparing Federal and Tennessee Treatment
Example 1: Warehouse/logistics worker (single filer, $50,000 income, $8,000 overtime premium)
Qualifying overtime premium: $8,000
Overtime deduction claimed: $8,000 (capped at $12,500)
Estimated federal tax savings: $960.00
Tennessee return:
Tennessee has no state income tax on wages. This warehouse worker's $8,000 in overtime premium pay owes $0 in Tennessee state tax. The federal OBBBA overtime deduction (IRC §225) provides the only tax relief, reducing federal income tax by an estimated $960 at the 12% bracket.
Example 2: Manufacturing worker (single filer, $80,000 income, $12,500 overtime premium - federal cap reached)
Qualifying overtime premium: $12,500
Overtime deduction claimed: $12,500 (capped at $12,500)
Estimated federal tax savings: $2,750.00
Tennessee return:
Tennessee has no state income tax on wages, so no state tax applies to overtime. The federal OBBBA deduction caps at $12,500 for single filers, saving an estimated $2,750 in federal taxes at the 22% bracket. Tennessee workers benefit from having zero state income tax on all earned income, including overtime.
Tennessee – Never Taxed Wages, Constitutional Prohibition Since 2014
Tennessee has never imposed a state income tax on wages, salaries, tips, or overtime pay. The Hall Tax – often mistakenly cited as Tennessee's "income tax" – applied only to interest and dividend income and was fully repealed on January 1, 2021. More importantly, Tennessee voters approved Amendment 3 in 2014, which added a constitutional prohibition against any state or local tax on payroll or earned income. This means Tennessee cannot tax overtime or any other form of wage income without first amending its constitution through another voter referendum.
Manufacturing and Logistics Hub
Tennessee is one of the South's leading manufacturing and logistics states, with major operations in:
- Auto manufacturing: Multiple auto assembly plants and suppliers operate across the state, employing tens of thousands of production workers who regularly earn overtime during peak production periods.
- Distribution and logistics: Tennessee's central location makes it a major distribution hub. Warehouse workers, truck loaders, and logistics staff frequently earn overtime, especially during holiday shipping seasons.
- Healthcare: Tennessee's healthcare industry, anchored by major hospital systems, employs nurses and support staff who earn significant overtime, particularly in rural facilities.
Non-exempt workers in all these industries can claim the federal OBBBA deduction on qualifying overtime premium pay.
No State Payroll Tax on Employees
Tennessee imposes no employee-side payroll taxes of any kind. The State Unemployment Insurance tax is paid solely by employers. Combined with the absence of a state income tax, this means Tennessee overtime workers face only federal tax obligations: income tax (reduced by the OBBBA deduction) and FICA. This tax-friendly environment for workers is reinforced by the 2014 constitutional amendment.
Related Tools
- No Tax on Overtime Calculator - calculate your federal overtime deduction
- Tennessee Tax Guide - full state tax overview
- Tennessee Paycheck Calculator
- Does Tennessee Tax Tips?
- W-2 Code TP: Tips Reporting Guide
- W-2 Code TT: Overtime Reporting Guide
- All 51 States: Tips & Overtime Tax Map