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WI AB461

WI AB461
An income tax subtraction for certain overtime compensation. (FE)


summary

Introduced
09/26/2025
In Committee
02/13/2026
Crossed Over
01/15/2026
Passed
Dead

Introduced Session

Potential new amendment
2025-2026 Regular Session

Bill Summary

This bill creates an income tax subtraction for certain qualified overtime compensation. The bill uses the definition of Xqualified overtime compensationY from the Internal Revenue Code, which generally defines qualified overtime compensation as overtime compensation paid to a claimant under the federal Fair Labor Standards Act that is in excess of the claimant[s regular rate of pay. Only qualified overtime compensation that is included on statements furnished to the claimant pursuant to federal or state tax law is eligible to be subtracted under the bill. To claim the subtraction under the bill, a claimant must include the claimant[s social security number on the claimant[s tax return, and if the claimant is considered married for federal tax purposes, the claimant must file a joint tax return. The subtraction under the bill is generally limited to $12,500 per tax year for claimants, except that the limit is $25,000 per tax year for claimants who file a joint return. Further, the subtraction phases out to zero for claimants as modified federal adjusted gross income increases from $150,000 to $275,000, except that for claimants who file a joint return, the subtraction phases out to zero as modified federal AGI increases from $300,000 to $550,000. Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill creates a new income tax subtraction for qualified overtime compensation in Wisconsin, starting in tax years after December 31, 2024. The bill allows taxpayers to subtract a portion of their overtime pay from their state income taxes, with specific limits and phase-out provisions. Qualified overtime compensation is defined using the Internal Revenue Code definition, generally meaning overtime pay that exceeds a worker's regular rate of pay, excluding qualified tips. Single filers can subtract up to $12,500 of overtime compensation per year, while joint filers can subtract up to $25,000. The subtraction amount phases out for single filers as modified federal adjusted gross income increases from $150,000 to $275,000, and for joint filers as modified federal adjusted gross income increases from $300,000 to $550,000. To claim the subtraction, taxpayers must include their Social Security number on their tax return, and married individuals must file a joint return. The bill also updates the definition of income for the state's homestead credit to reflect this new overtime compensation subtraction. The purpose of the bill appears to be providing tax relief to workers who earn overtime pay, potentially incentivizing overtime work and providing additional financial support to workers.

Committee Categories

Budget and Finance

Sponsors (26)

Last Action

Report of Joint Survey Committee on Tax Exemptions received, Ayes 5, Noes 4 (on 02/17/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab461
Fiscal Note - AB461: Report of the Joint Survey Committee on Tax Exemptions https://docs.legis.wisconsin.gov/2025/related/fe/ab461/ab461_jscte.pdf
AB461 ROCP for Joint Survey Committee on Tax Exemptions On 2/17/2026 https://docs.legis.wisconsin.gov/2025/related/records/joint/tax_exemptions/1973890.pdf
AB461 ROCP for Joint Committee on Finance On 2/16/2026 https://docs.legis.wisconsin.gov/2025/related/records/joint/finance/1973587.pdf
AB461 ROCP for Committee on Agriculture and Revenue On 2/13/2026 https://docs.legis.wisconsin.gov/2025/related/records/senate/agriculture_and_revenue/1973048.pdf
Assembly Substitute Amendment 3 https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB461-ASA3.pdf
Assembly Substitute Amendment 4 https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB461-ASA4.pdf
Assembly Substitute Amendment 5 https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB461-ASA5.pdf
Assembly Substitute Amendment 2 https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB461-ASA2.pdf
Assembly Substitute Amendment 1 https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB461-ASA1.pdf
Analysis - LC Amendment Memo https://docs.legis.wisconsin.gov/document/lcamendmentmemos/2025/REG/AB461.pdf
AB461 ROCP for Committee on Ways and Means https://docs.legis.wisconsin.gov/2025/related/records/assembly/ways_and_means/1963183.pdf
Assembly Amendment 1 https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB461-AA1.pdf
Fiscal Note - AB461: Fiscal Estimate From DOR https://docs.legis.wisconsin.gov/2025/related/fe/ab461/ab461_dor.pdf
BillText https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB461.pdf
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