In April 2026, the IRS released updated FAQ (FS-2026-10) that supersedes the prior 2024 FAQ (FS-2024-22) addressing Section 127 educational assistance programs. While the core statutory framework remains largely unchanged, the updated guidance reflects both amendments made by the One Big Beautiful Bill Act (OBBBA) and additional IRS clarifications that may influence how employers evaluate

Our Employee Benefits attorneys offer insights into the tax and benefits aspects of the OBBBA that employers should focus on in 2026. We review key employer obligations and planning considerations for 2026, highlighting where temporary transition relief applied in 2025 and should not be mistaken for lasting flexibility.

Takeaways

For tax years 2025 -2028, the One Big Beautiful Bill Act (OBBBA) allows employees to take an above-the-line tax deduction on qualified overtime pay and qualified tips.

On November 21, 2025, the Internal Revenue Service (IRS) released IRS Notice 2025-69, which explains how individual taxpayers can calculate and claim these deductions for the