Illinois 2025-2026 Regular Session

Illinois House Bill HB2734

Introduced
2/5/25  

Caption

INC TX-OVERTIME DEDUCTION

Summary

HB2734 amends the Illinois Income Tax Act to create a new subtraction modification for overtime pay. Beginning with taxable years on or after January 1, 2026, an individual taxpayer may deduct from Illinois base income the amount of overtime compensation included in federal adjusted gross income. The bill defines overtime compensation by reference to the federal Fair Labor Standards Act and makes the deduction exempt from the Act’s general limitation on certain deductions. The measure is narrowly targeted to wage earners who receive overtime, and it would reduce Illinois taxable income for those taxpayers by excluding qualifying overtime earnings from state income tax. Because the bill amends Section 203 of the Illinois Income Tax Act, it changes the calculation of base income for individual taxpayers only; it does not alter corporate, partnership, or trust tax treatment. The bill is effective immediately, but the overtime deduction itself applies starting in tax year 2026. In the broader context of Section 203, the bill adds overtime compensation to a long list of existing subtraction modifications, many of which already exclude specific categories of income such as retirement benefits, certain public assistance-related items, and various federal tax adjustments. The practical effect would be to lower state income tax liability for eligible workers who earn overtime, while leaving the federal tax treatment unchanged. Because there were no committee transcripts or recorded votes provided, there is no documented discussion to gauge support or opposition. Based on the bill text and caption, the measure appears to be framed as a tax relief proposal for working taxpayers who rely on overtime pay. The absence of recorded debate also means no specific fiscal or policy concerns are captured in the available materials. The main point of potential contention is fiscal impact: supporters are likely to view the deduction as relief for hourly and middle-income workers, while opponents may focus on reduced state revenue and the precedent of carving out another income category from taxation. Another possible issue is administration, since the deduction depends on identifying overtime compensation under federal labor law and matching it to income reported in federal adjusted gross income.

Impact

HB2734 would amend Section 203 of the Illinois Income Tax Act to add a new individual income tax subtraction for overtime compensation, thereby reducing Illinois base income for qualifying taxpayers beginning in tax year 2026. The change affects only individual taxpayers and does not modify the corporate, partnership, or trust provisions of the Act. It would lower taxable income for workers who receive overtime pay, which could reduce state income tax collections.

Sentiment

No committee testimony or vote history was provided, so there is no recorded legislative sentiment from debate or roll calls. From the bill’s caption and text, the proposal appears intended as pro-taxpayer relief for workers earning overtime, suggesting likely support from advocates for working families. At the same time, the lack of recorded discussion leaves open whether fiscal concerns or implementation questions were raised.

Contention

The likely point of contention is the revenue effect of exempting overtime compensation from Illinois income tax, since that would narrow the tax base and reduce collections. Supporters would likely argue that overtime pay should be kept whole for workers who put in extra hours, while critics may question whether the deduction is the best-targeted form of tax relief. A secondary issue is administration and compliance, because the deduction hinges on federal FLSA overtime definitions and accurate reporting of overtime amounts in federal adjusted gross income.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.