Arizona enacted HB 4168 in June 2026, creating a state subtraction that mirrors the federal OBBBA overtime deduction (up to $12,500 single / $25,000 married filing jointly). Because Arizona taxes income at a flat 2.5% rate, an Arizona worker deducting the full single-filer cap saves about $313 in state tax on top of federal savings. FICA still applies to all overtime pay.
At a glance
Key Facts
Arizona State Provision
ENACTED — HB 4168, signed by Gov. Katie Hobbs on June 13, 2026. Creates an Arizona income tax subtraction mirroring the federal OBBBA qualified-overtime deduction (IRC §225).
Effective Tax Years
Applies retroactively to tax years beginning January 1, 2025 (available on 2025 and 2026 returns). The HB 4168 package generally took effect July 1, 2026.
Arizona Subtraction Amount
Equal to whatever amount you deduct federally under IRC §225 — up to $12,500 (single) or $25,000 (married filing jointly) of qualifying FLSA overtime premium pay, subject to the same federal AGI phase-out. Arizona did not set an independent cap.
Arizona State Income Tax Rate
Flat 2.5% on all Arizona taxable income (Arizona Department of Revenue, azdor.gov)
OBBBA Federal Phase-Out
$150,000 AGI (single) / $300,000 AGI (married filing jointly) — the same threshold governs Arizona's subtraction since it mirrors the federal figure
OBBBA Federal Sunset
December 31, 2028. Because Arizona's subtraction is defined as "the amount deducted federally," it is expected to shrink to zero automatically once the federal deduction expires, absent further Arizona legislative action.
FICA Still Applies
Social Security 6.2% + Medicare 1.45% (7.65% combined) on all overtime pay — neither the federal deduction nor Arizona's subtraction touches payroll tax
Who Qualifies
Only FLSA non-exempt employees who receive time-and-a-half overtime premium pay. Exempt salaried employees and 1099 independent contractors do not qualify for the federal deduction and therefore have nothing to mirror on their Arizona return.
Introduction
Arizona Overtime Workers Get a Real State-Level Tax Break in 2026
Arizona is one of the few states that has passed its own matching state-level tax break for overtime pay, rather than simply leaving the federal One Big Beautiful Bill Act (OBBBA) deduction untouched or ignored. House Bill 4168, signed by Governor Katie Hobbs on June 13, 2026, creates an Arizona individual income tax subtraction equal to the amount of qualified overtime compensation you deduct on your federal return under Internal Revenue Code §225 (the OBBBA overtime provision). The subtraction applies retroactively to tax years beginning January 1, 2025, with the broader HB 4168 package generally taking effect July 1, 2026.
Because Arizona uses a single flat 2.5% income tax rate instead of progressive brackets, the math is simple: whatever overtime premium pay you exclude federally (up to $12,500 single / $25,000 married filing jointly) is also excluded from your Arizona taxable income, worth an additional 2.5% saving on top of your federal benefit. This guide covers exactly how the federal deduction works, how Arizona's mirrored subtraction is calculated, what still gets taxed (FICA, and overtime above the cap), and worked dollar examples for common Arizona overtime occupations.
Section 01
What HB 4168 Actually Did
Before June 2026, Arizona had not conformed to the federal OBBBA overtime provision — overtime pay was subject to Arizona's flat 2.5% tax with no state-level relief, even as the federal deduction reduced the federal side. Earlier attempts to add a matching Arizona subtraction, including SB 1106 and an earlier version of HB 2785, were vetoed by Governor Hobbs amid disputes over corporate tax cuts bundled into the same legislation.
The provision that ultimately became law is House Bill 4168 ("taxation; omnibus; 2026–2027"), part of the final bipartisan state budget deal. HB 4168 rewrote large sections of Arizona's Title 43 income tax code to align with the federal OBBBA, and it creates a subtraction from Arizona gross income equal to "the amount of qualified overtime compensation received during the taxable year that is deducted under" the federal qualified-overtime deduction (IRC §225). In practice: whatever dollar figure you claim as your federal overtime deduction on Schedule 1 of Form 1040, you also subtract that same figure from your Arizona taxable income.
This is enacted law, applying retroactively to tax years beginning January 1, 2025 — available on both your 2025 return (filed in 2026) and your 2026 return. The Arizona Department of Revenue (ADOR) has published a Middle Class Tax Cuts Package (MCTCP) worksheet to calculate the subtraction; before filing, confirm the current instructions at azdor.gov, since the subtraction moved from optional (under pre-enactment guidance) to mandatory once HB 4168 was signed.
Section 02
How the Federal OBBBA Overtime Deduction Works
The federal starting point is identical for every state. The OBBBA created an above-the-line deduction — not a full exemption — for qualifying overtime premium pay:
Cap: Up to $12,500 for single filers, heads of household, and married filing separately; up to $25,000 for married filing jointly.
Type: A deduction, reducing federal AGI, claimed on Schedule 1 of Form 1040. It is not a credit and does not reduce your tax bill dollar-for-dollar.
Who qualifies: Only FLSA non-exempt employees who receive time-and-a-half overtime premium for hours over 40/week. Exempt salaried employees and 1099 contractors do not qualify.
Phase-out: Begins at $150,000 AGI (single) and $300,000 AGI (married filing jointly), reducing the deduction dollar-for-dollar.
FICA is untouched: Social Security and Medicare still apply to every dollar of overtime pay.
Sunset: Expires December 31, 2028 unless Congress extends it.
Most Arizona hourly workers — nurses, construction workers, warehouse staff, first responders — fall well under the $150,000 phase-out threshold. For the full federal mechanics, see the OBBBA Overtime Deduction Explainer.
Section 03
How Arizona's Subtraction Stacks on Top
Arizona's tax return starts from your federal AGI and layers on state-specific additions and subtractions. Because the OBBBA overtime deduction already reduced your federal AGI before it reaches your Arizona return, HB 4168 restores the benefit at the state level rather than adding it back — the opposite of what non-conforming states like California do.
Concretely: if you claimed a $10,000 federal overtime deduction, your Arizona return also allows a $10,000 subtraction from Arizona gross income. At Arizona's flat 2.5% rate, that's worth $250 in Arizona income tax savings ($10,000 × 2.5%), on top of whatever you saved federally.
Because Arizona uses one flat rate rather than progressive brackets, the formula is simple: Arizona tax saving = subtraction amount × 2.5%. At the maximum single-filer cap of $12,500, that's a maximum Arizona-level saving of $312.50; at the maximum MFJ cap of $25,000, the maximum Arizona saving is $625. The state-level dollar amount is modest compared to the federal saving (which depends on your marginal federal bracket, often 12%–24%), but it's genuine relief Arizona chose to extend rather than claw back.
Section 04
FICA and Overtime Above the Cap
Neither the federal deduction nor Arizona's mirrored subtraction changes payroll tax obligations. Every Arizona worker earning overtime still owes FICA on 100% of that pay:
Social Security: 6.2% on combined wages and overtime, up to the annual wage base.
Medicare: 1.45% on all wages and overtime, no cap (plus an additional 0.9% surtax above $200,000 for single filers).
On $18,000 of overtime pay, FICA alone is $18,000 × 7.65% = $1,377 — owed regardless of either deduction.
Overtime premium pay above the $12,500 single / $25,000 MFJ federal cap is also fully taxable at both the federal and Arizona level, since Arizona's subtraction only mirrors the amount that was federally deductible. A single Arizona worker earning $18,000 in overtime premium can deduct/subtract $12,500; the remaining $5,500 is ordinary taxable income for both federal and Arizona purposes.
Section 05
Worked Example: Arizona Nurse, $85,000 Base + $14,000 Overtime
Scenario: single Arizona registered nurse, $85,000 base salary + $14,000 in FLSA-qualifying overtime premium pay = $99,000 gross income. AGI is well under the $150,000 phase-out, so the full deduction is available (though capped below the actual overtime earned).
Step
Calculation
Amount
Gross income
$85,000 base + $14,000 overtime
$99,000
Federal OBBBA overtime deduction
Capped at $12,500 (single filer, of the $14,000 earned)
−$12,500
Federal AGI
$99,000 − $12,500
$86,500
Arizona HB 4168 subtraction
Mirrors the $12,500 federal deduction
−$12,500 (from AZ gross income)
Arizona taxable income
$99,000 − $12,500 (before AZ standard deduction)
~$86,500
Arizona tax saving from subtraction
$12,500 × 2.5%
~$312.50
FICA on overtime
7.65% × $14,000
~$1,071
Figures exclude the Arizona standard deduction ($15,750 single for 2026), which would further reduce Arizona taxable income. This is a simplified illustration of the subtraction mechanic, not a complete return. Verify your exact figures with the ADOR MCTCP worksheet or a tax professional.
Section 06
Worked Example: Married Construction Worker Couple, $25,000 Combined Overtime
Scenario: married filing jointly, combined base wages of $95,000, combined FLSA overtime premium of $25,000 (right at the MFJ cap) = $120,000 gross income.
Step
Calculation
Amount
Gross income
$95,000 base + $25,000 overtime
$120,000
Federal OBBBA overtime deduction
Full $25,000 (MFJ cap, AGI well under $300,000 phase-out)
−$25,000
Federal AGI
$120,000 − $25,000
$95,000
Arizona HB 4168 subtraction
Mirrors the full $25,000 federal deduction
−$25,000
Arizona tax saving from subtraction
$25,000 × 2.5%
~$625
FICA on overtime
7.65% × $25,000
~$1,913
Because this couple's combined overtime exactly matches the $25,000 MFJ cap, they receive the maximum possible Arizona-level saving of $625 from the subtraction, plus their federal saving at their marginal bracket. Combined income above $300,000 AGI would begin to phase out both the federal deduction and, by extension, the Arizona subtraction.
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Did Arizona actually pass a law eliminating tax on overtime, or is this still a proposal?
It is enacted law, not a proposal. House Bill 4168 was signed by Governor Katie Hobbs on June 13, 2026, and creates an Arizona income tax subtraction mirroring the federal OBBBA overtime deduction. Earlier attempts (SB 1106 and an earlier HB 2785) were vetoed, but the provision passed as part of the final bipartisan budget deal. Always verify the current status at azdor.gov, since Arizona legislative outcomes can still change.
Q
How much does Arizona's overtime subtraction actually save me?
Your Arizona saving equals your federal OBBBA overtime deduction amount (up to $12,500 single / $25,000 married filing jointly) multiplied by Arizona's flat 2.5% tax rate. At the maximum single-filer cap, that's $312.50 in Arizona state tax savings; at the maximum MFJ cap, it's $625 — on top of your federal income tax savings. Because Arizona's subtraction mirrors the federal amount exactly, if your federal deduction is reduced by the phase-out, your Arizona subtraction shrinks by the same amount.
Q
Do I still pay FICA on my overtime pay in Arizona?
Yes. Neither the federal OBBBA deduction nor Arizona's HB 4168 subtraction affects FICA. Social Security (6.2%) and Medicare (1.45%) — 7.65% combined — still apply to every dollar of overtime pay you earn, with no exception.
Q
Which Arizona workers qualify for the overtime subtraction?
Only workers who qualify for the federal OBBBA overtime deduction in the first place — FLSA non-exempt employees who receive time-and-a-half premium pay for hours over 40 per week. Exempt salaried employees (many managers, professionals) and 1099 independent contractors do not receive FLSA overtime and therefore have no federal deduction for Arizona's subtraction to mirror.
Q
What tax years does the Arizona overtime subtraction apply to?
HB 4168 applies retroactively to tax years beginning on or after January 1, 2025, so it was available when filing your 2025 return and remains available for tax year 2026. The broader HB 4168 package generally took effect July 1, 2026.
Q
Will Arizona's overtime tax break still exist after 2028?
It's uncertain. The federal OBBBA overtime deduction is scheduled to expire December 31, 2028. Because Arizona's subtraction is defined as "the amount deducted under" the federal provision, it is expected to shrink to zero automatically once the federal deduction sunsets, unless Arizona's legislature passes new language to keep a standalone state benefit alive. Watch for updates from the Arizona Department of Revenue as 2028 approaches.
Q
How is Arizona's approach different from California's on overtime?
California does not conform to the federal OBBBA overtime deduction, so California workers must add the federal deduction back on their state return and pay full state income tax on all overtime pay. Arizona did the opposite: HB 4168 mirrors the federal deduction, so Arizona overtime workers get relief at both the federal level and the state's flat 2.5% rate.
Q
Does California-style daily overtime affect the Arizona subtraction?
Arizona does not have a daily overtime rule like California's Labor Code §510 — Arizona follows the federal FLSA standard of overtime after 40 hours in a workweek. This means there's no separate category of state-only overtime hours to track in Arizona; all FLSA-qualifying overtime that generates a federal deduction also generates the mirrored Arizona subtraction.
Disclaimer:This guide is for general informational purposes only and does not constitute tax, legal, or financial advice. Arizona's HB 4168 overtime subtraction was enacted in June 2026 and is current as of this guide's last update, but Arizona legislative and Department of Revenue guidance can change — always verify the current status and calculation method at azdor.gov before filing. Worked examples are simplified estimates and do not reflect every deduction or credit that may apply to your return. Consult a qualified tax professional for advice specific to your situation.