One of the most publicized changes under OB3 is the introduction of a deduction for qualified tips and overtime compensation, effective 2025 through 2028. For tip income, eligible employees and self-employed individuals in tipped occupations can deduct up to $25,000 annually, provided the tips were reported on their W-2 or Form 4137, Social Security and Medicare Tax on Unreported Income.
However, this deduction is not universal; it is unavailable to individuals working in a specified service trade or business such as accounting, law, or health.
Similarly, the “no tax on overtime” provision allows workers to deduct the incremental portion of pay that exceeds their regular rate, such as the”half” in a time-and-half calculation. This deduction is capped at $12,500 per individual ($25,000 for joint filers) and phases out for those with modified adjusted gross income (MAGI) exceeding $150,000 ($300,000 for joint filers).
Look to those pay stubs or within the payroll reporting system to identify cumulative totals. The overtime pay that is deductible is only the incremental piece of pay that’s eligible for the deduction.
Starting in tax year 2025, the OB3 introduces a new $6,000 deduction for seniors aged 65 and older. This deduction is distinct from the existing additional standard deduction, and requires the taxpayer to be 65 by the last day of the tax year. Similar to many other OB3 provisions, this benefit is subject to a phase-out based on MAGI, and requires married taxpayers to file jointly to claim the credit. This new layer of tax relief provides a significant planning opportunity for clients nearing retirement age.
Proactive income shifting, either accelerating or delaying income to stay below phase-out thresholds, will be a critical service for high-net-worth seniors in the coming years.
For the first time, taxpayers may deduct up to $10,000 in interest paid on qualified car loans for vehicles used for personal purposes. To qualify, the vehicle’s final assembly must have occurred in the United States, a fact that must be verified through the dealer’s label or a Vehicle Identification Number (VIN) decoder. This deduction is restricted to new vehicles with a gross vehicle weight below 14,000 pounds, and applies to loans incurred after December 31, 2024.
Practitioners must ensure they collect the VIN because it is a required field on the new Schedule 1A, Additional Deductions—and buyers of new vehicles should consider the timing to maximize this benefit. Financing a vehicle earlier in the year allows for a full year of deductible interest, compared to a late-year purchase that may provide negligible tax relief. Note the deduction phases out starting at $100,000 for individuals and $200,000 for married couples, reducing the maximum deduction by $200 for every $1,000 over the threshold.
The IRS is tightening its grip on the cryptocurrency market with the introduction of Form 1099-DA, Digital Asset Proceeds From Broker Transactions. Brokers and digital asset platforms are now required to report proceeds and, in some cases, the cost basis for digital asset dispositions. A digital asset is defined as any digital representation of value recorded on a cryptographically secured distributed ledger, including Bitcoin, stablecoins, and NFTs.
Accountants must now request comprehensive records from clients, including purchase dates, holding periods, and details on any non-custodial transactions. The reporting treatment for these assets will mirror that of traditional stock sales, but the complexity of blockchain transfers adds a layer of compliance difficulty. Practitioners should educate clients on the necessity of maintaining meticulous records for every exchange or transfer to ensure accurate reporting on the updated Form 8949, Sales and Other Dispositions of Capital Assets.
The OB3 provides long-sought stability by making the TCJA individual tax brackets permanent. The rates of 10%, 12%, 22%, 24%, 32%, 35%, and 37% will continue beyond 2025, along with the expanded income ranges that helped eliminate the marriage penalty. This permanency also applies to the brackets for trusts and estates.
The standard deduction has also been made permanent at its increased levels, with a slight additional increase beyond what was originally scheduled under the TCJA. While the personal exemption remains repealed, the stability of these higher deduction amounts simplifies planning for the majority of individual taxpayers.
The much-debated State and Local Tax (SALT) deduction cap sees a temporary substantial increase. For 2025 through 2029, the cap rises from $10,000 to $40,000 ($20,000 for married filing separately). However, this benefit is subject to a high-income phase-out starting at $500,000 for joint filers. Those in high-tax states with very high incomes may still find themselves limited to the $10,000 floor.
The Child Tax Credit (CTC) has also been made permanent at an increased rate of $2,200 per qualifying child, with annual inflation adjustments. A critical change for practitioners to note is the new Social Security Number (SSN) requirement. Taxpayers can no longer claim the CTC using an ITIN for the child. Social Security numbers do have to be issued before the return due date to be valid for these credits.
Many “green” tax incentives are nearing their end. The clean vehicle credit for new and used electric vehicles is set to terminate for purchases made after September 30, 2025. Similarly, the residential energy-efficient property credits and the non-business energy property credit expired at the end of 2025.
Looking into 2026, the OB3 introduces several novel provisions, including the creation of accounts for American children. For children born after January 1, 2025, the government will provide an initial $1,000 deposit into an account that must be invested in stock mutual funds or ETFs. These accounts generally cannot be accessed until the beneficiary turns 18, at which point they convert into a traditional IRA.
In addition, charitable giving rules will change in 2026 to allow non-itemizers to claim a below-the-line deduction of $1,000 ($2,000 for joint filers).
On the compliance side, the threshold for filing Forms 1099-NEC and 1099-MISC will rise from $600 to $2,000 for payments made after 2025.
San Francisco and Los Angeles, among other localities, impose a variety of taxes on businesses located in those cities or doing business there. There are many complexities surrounding these taxes, including what constitutes doing business, what types of entities are required to file, and when the returns are due, with dates that often do not correlate with federal or state due dates. While many remember March and April 15 as major tax deadlines, these localities have earlier filing dates.
San Francisco
Persons other than lessors of residential real estate are required to file an Annual Business Tax (ABT) return if, during the tax year, the taxpayer was engaged in business in San Francisco, was not otherwise exempt, and had more than $2,000,000 in combined taxable San Francisco gross receipts.
This filing includes the reporting and payment of (1) the Gross Receipts Tax (GRT) or Administrative Office Tax (AOT); (2) the Homelessness Tax (HGRT) or the Homelessness Administrative Office Tax (HAOT); and (3) the Commercial Rents Tax (CRT).
The Gross Receipts Tax Rate (GRT) depends on the business’s level of gross receipts and nature of business activity.
The Homelessness Gross Receipts Tax (HGRT) (effective January 1, 2019) imposes an additional gross receipts tax of 0.175% to 0.69% on combined taxable gross receipts over $50 million.
The Commercial Rents Tax (CRT) generally applies to businesses leasing commercial space in the City.
As part of Proposition F, San Francisco's Payroll Expense Tax (PET), which was a part of the SF ABT return in the past, has been eliminated, starting with the 2021 filing.
The San Francisco 2021 Annual Business Tax (SF ABT) return is due on February 28, 2022.
A 60-day filing extension is available for the Annual Business Tax (ABT) return.
Los Angeles
The Los Angeles City Business Tax (LACBT) is a license tax for the privilege of conducting business in the City of Los Angeles. It is gross receipts-based and levied against taxpayers that are either located within the city or engaged in business in the city.
The Los Angeles 2021 Business Tax return is due on February 28, 2022 with a possible extension of 45 days.
Neighboring cities such as Beverly Hills and Santa Monica impose their own gross receipts tax on businesses operating within their jurisdictions with differing deadlines (January 31 for Beverly Hills and August 31 for Santa Monica).