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Regulatory Update: IRS Provides Penalty Relief Regarding OBBBA Tax Reporting For Tips and OT

Published: December 2, 2025 by Legislative Update

On November 5, 2025, the Internal Revenue Service released much anticipated guidance with regard to year end reporting processes surrounding the One Big Beautiful Bill Act.  However, rather than provide actual guidance, the IRS has instead opted to provide relief from penalties associated with this process for TY25.

Change Notification

The notice specifically provides relief from the penalties outlined in sections 6721 and 6722 dealing with failure to file correct returns and failure to furnish correct payee statements, respectively. 

The IRS notes this relief is only available for TY25, as the TY26 W-2 draft has been released and accommodates the reporting changes. Further guidance for individual taxpayers as to how to claim deductions for qualified tips and qualified overtime compensation is forthcoming.

See the full text of the IRS Notice here-  https://www.irs.gov/pub/irs-drop/n-25-62.pdf.

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The Experian Employer Services Insights blog focuses on providing updates and solutions for HR teams, business owners, tax pros and compliance officers looking to navigate complex regulatory landscapes while optimizing their workforce management processes. Some important topics include payroll tax, unemployment, income & employment verification, compliance, and improving the overall employee experience.