senate Bill S2728C

2011-2012 Legislative Session

Subtracts from federal adjusted gross income qualified transportation fringe benefits

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to ways and means
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.148
Jan 05, 2012 print number 2728c
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
returned to senate
died in assembly
Apr 11, 2011 referred to ways and means
delivered to assembly
passed senate
Apr 04, 2011 amended on third reading 2728b
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.183
Feb 15, 2011 print number 2728a
amend and recommit to investigations and government operations
Jan 31, 2011 referred to investigations and government operations

Votes

view votes

Jan 31, 2012 - Investigations and Government Operations committee Vote

S2728C
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jan 31, 2012

Mar 8, 2011 - Investigations and Government Operations committee Vote

S2728A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 8, 2011

excused (1)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

view additional co-sponsors

S2728 - Bill Details

See Assembly Version of this Bill:
A6175B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §612, Tax L

S2728 - Bill Texts

view summary

Subtracts from federal adjusted gross income qualified transportation fringe benefits.

view sponsor memo
BILL NUMBER:S2728

TITLE OF BILL:
An act
to amend the tax law, in relation to qualified transportation fringe
benefits

PURPOSE:
To make permanent the New York State pretax deduction benefit
of up to $230 a month for commuting expenses.

SUMMARY OF PROVISIONS:
Section 1. Amends subsection (c) of section 612
of the tax law by adding a new paragraph 39 to make permanent the New
York State pretax deduction benefit of up to $230 a month for
commuting expenses for employees and individuals who are self-employed.

Section 2. Effective date.

JUSTIFICATION:
Currently New York State's tax code chooses to mirror
the federal governments internal revenue code and allows for a
monthly pretax deduction of up to $230 for commuting expenses.
Although in 2010 this benefit was extended at the eleventh hour by
Congress. This legislation is necessary in order to protect commuters
from losing this benefit for New York State income tax.

This deduction gives employers the option of allowing their employees
to set aside up to $230 a month of their salaries before taxes to pay
for transit and vanpool fares, up to $230 per month for qualified
parking expenses at or near an employer's workplace from which the
employee commutes via transit or vanpool.

This bill allows New York State taxpayers to continue to receive this
benefit even if the federal benefit is reduced or eliminated.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None, currently this benefit is offered under the
New York State Tax Code, this legislation would make this
existing benefit permanent at existing levels.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2728

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DILAN, GOLDEN, HANNON, JOHNSON, KLEIN,
  LAVALLE, LITTLE, OPPENHEIMER, RANZENHOFER, SAVINO,  STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Investigations and Government Operations

AN ACT to amend the tax law, in  relation  to  qualified  transportation
  fringe benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (c) of section 612 of the tax law is amended  by
adding a new paragraph 39 to read as follows:
  (39)  FOR  TAXABLE  YEARS  BEGINNING  AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN THE AMOUNT OF QUALIFIED TRANSPORTATION  FRINGE  BENEFITS
AS DEFINED IN PARAGRAPH ONE OF SUBSECTION F OF SECTION 132 OF THE INTER-
NAL  REVENUE  CODE  AND WHICH ARE PROVIDED BY AN EMPLOYER TO AN EMPLOYEE
MAY NOT EXCEED TWO HUNDRED  THIRTY  DOLLARS  MONTHLY  LESS  THE  MAXIMUM
AMOUNT OF EXCLUSIONS OFFERED MONTHLY FOR QUALIFIED TRANSPORTATION FRINGE
BENEFITS PURSUANT TO SUBSECTION F OF SECTION 132 OF THE INTERNAL REVENUE
CODE.  FOR THE PURPOSES OF THIS PARAGRAPH, AN INDIVIDUAL WHO IS SELF-EM-
PLOYED SHALL BE CONSIDERED AN EMPLOYEE  PURSUANT  TO  PARAGRAPH  ONE  OF
SUBSECTION C OF SECTION 401 OF THE INTERNAL REVENUE CODE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06311-02-1

Co-Sponsors

view additional co-sponsors

S2728A - Bill Details

See Assembly Version of this Bill:
A6175B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §612, Tax L

S2728A - Bill Texts

view summary

Subtracts from federal adjusted gross income qualified transportation fringe benefits.

view sponsor memo
BILL NUMBER:S2728A

TITLE OF BILL:
An act
to amend the tax law, in relation to qualified transportation fringe
benefits

PURPOSE:
To make permanent the New York State pretax deduction benefit
of up to $230 a month for commuting expenses.

SUMMARY OF PROVISIONS:
Section 1. Amends subsection (c) of section 612
of the tax law by adding a new paragraph 39 to make permanent the New
York State pretax deduction benefit of up to $230 a month for
commuting expenses for employees and individuals who are self-employed.

Section 2. Effective date.

JUSTIFICATION:
Currently New York State's tax code chooses to mirror
the federal governments internal revenue code and allows for a
monthly pretax deduction of up to $230 for commuting expenses.
Although in 2010 this benefit was extended at the eleventh hour by
Congress. This legislation is necessary in order to protect commuters
from losing this benefit for New York State income tax.

This deduction gives employers the option of allowing their employees
to set aside up to $230 a month if their
salaries before taxes to pay for transit and vanpool fares, up to $230
per month for qualified parking expenses at or near an employer's
workplace from which the employee commutes via transit or vanpool.

This bill allows New York State taxpayers to continue to receive this
benefit even if the reduced or eliminated.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None, currently this benefit is offered under the
New York State Tax Code, this
legislation would make this existing benefit permanent
at existing levels.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2728--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DILAN, GOLDEN, HANNON, JOHNSON, KLEIN,
  LAVALLE, LITTLE, OPPENHEIMER, RANZENHOFER, SAVINO,  STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Investigations and  Government  Operations  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the tax law, in relation to qualified transportation
  fringe benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 39 to read as follows:
  (39) FOR TAXABLE YEARS  BEGINNING  AFTER  DECEMBER  THIRTY-FIRST,  TWO
THOUSAND  ELEVEN  THE AMOUNT OF QUALIFIED TRANSPORTATION FRINGE BENEFITS
AS DEFINED IN PARAGRAPH ONE OF SUBSECTION F OF SECTION 132 OF THE INTER-
NAL REVENUE CODE AND WHICH ARE PROVIDED BY AN EMPLOYER  TO  AN  EMPLOYEE
MAY  NOT  EXCEED THE SUM OF: (A) TWO HUNDRED THIRTY DOLLARS MONTHLY LESS
THE MAXIMUM AMOUNT OF EXCLUSIONS OFFERED MONTHLY FOR QUALIFIED TRANSPOR-
TATION FRINGE BENEFITS PURSUANT TO SUBPARAGRAPHS A AND  B  OF  PARAGRAPH
ONE OF SUBSECTION F OF SECTION 132 OF THE INTERNAL REVENUE CODE; AND (B)
TWO HUNDRED THIRTY DOLLARS MONTHLY LESS THE MAXIMUM AMOUNT OF EXCLUSIONS
OFFERED MONTHLY FOR QUALIFIED TRANSPORTATION FRINGE BENEFITS PURSUANT TO
SUBPARAGRAPH  C  OF  PARAGRAPH ONE OF SUBSECTION F OF SECTION 132 OF THE
INTERNAL REVENUE CODE. FOR THE PURPOSES OF THIS PARAGRAPH, AN INDIVIDUAL
WHO IS SELF-EMPLOYED SHALL BE CONSIDERED AN EMPLOYEE PURSUANT  TO  PARA-
GRAPH ONE OF SUBSECTION C OF SECTION 401 OF THE INTERNAL REVENUE CODE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06311-04-1

Co-Sponsors

view additional co-sponsors

S2728B - Bill Details

See Assembly Version of this Bill:
A6175B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §612, Tax L

S2728B - Bill Texts

view summary

Subtracts from federal adjusted gross income qualified transportation fringe benefits.

view sponsor memo
BILL NUMBER:S2728B REVISED 01/12/12

TITLE OF BILL:
An act
to amend the tax law, in relation to qualified transportation fringe
benefits

PURPOSE:
To make permanent the New York State commuter pre-tax
deduction benefit.

SUMMARY OF PROVISIONS:
Section 1. Amends subsection (c) of section 612
of the tax law by adding a new paragraph 39 to make permanent the New
York State pre-tax deduction benefit for commuting expenses for
employees.

Section 2. Effective date.

JUSTIFICATION:
Federal law permits employers to allow their employees
to set aside a portion of their pre=tax wages to pay for transit,
vanpool fares, and parking. In 2009, Congress approved an increase in
the maximum transit benefit ($230/month), but required re-approval of
the increase on an annual basis. An extension was approved in 2010,
but Congress did not reauthorize another extension by the December
31, 2011 deadline. As a result, commuters' mass transit tax benefits
were cut from $230 to $125 a month. New York State mirrors this
benefit, thus with the failure of Congress to re-authorize the
current transit benefit, commuters are seeing both their state
and federal benefits cut almost in half.

Washington's lack of action not only raises costs for commuters,
it gives them new incentives to avoid mass transit all together.
Commuters who drive in a car pool are allowed a similar pre-tax
benefit to help offset parking costs under federal law. Unlike the
pre-tax transit benefit, that law is permanent and indexed to
inflation. This means that commuters who drive to work had their
parking benefit increase to $240 a month while mass transit riders'
benefits were cut by nearly half. This disparity provides an
incentive for commuters to drive to work and not use mass transit,
increasing congestion and auto emissions.

This legislation would fully restore the state monthly pre-tax
transit benefit which was cut when the federal government did not
approve an extension by the December 31, 2011 deadline. It would also
create parity between the current federal and state pre-tax
benefits which help offset parking costs for commuters who drive.
That benefit increased to $240 on January 1st.

LEGISLATIVE HISTORY:

2011: (S.2728-B/A.6175-A) Passed the Senate

FISCAL IMPLICATIONS:
None, until December 31, 2011 this benefit was
offered under the New York State Tax Code, this legislation would
make that benefit permanent at existing levels.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2728--B
    Cal. No. 183

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DILAN, GOLDEN, HANNON, JOHNSON, KLEIN,
  LAVALLE, LITTLE, MARTINS, OPPENHEIMER, RANZENHOFER, SAVINO,  STAVISKY,
  ZELDIN  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee on Investigations and Government Operations
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the tax law, in  relation  to  qualified  transportation
  fringe benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (c) of section 612 of the tax law is amended  by
adding a new paragraph 39 to read as follows:
  (39)  FOR  TAXABLE  YEARS  BEGINNING  AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN THE AMOUNT THAT WOULD  HAVE  BEEN  EXCLUDED  FROM  GROSS
INCOME PURSUANT TO PARAGRAPH FIVE OF SUBSECTION A OF SECTION ONE HUNDRED
THIRTY-TWO  OF  THE  INTERNAL  REVENUE CODE FOR QUALIFIED TRANSPORTATION
BENEFITS DESCRIBED IN SUBPARAGRAPHS (A), (B) OR (C) OF PARAGRAPH ONE  OF
SUBSECTION (F) OF SECTION ONE HUNDRED THIRTY-TWO OF THE INTERNAL REVENUE
CODE.  FOR THE PURPOSES OF THIS PARAGRAPH, A PERSON WHO IS SELF-EMPLOYED
SHALL BE CONSIDERED AN EMPLOYEE IF THE PERSON WAS OR WOULD BE CONSIDERED
AN EMPLOYEE PURSUANT TO PARAGRAPH ONE OF SUBSECTION (C) OF SECTION  FOUR
HUNDRED  ONE OF THE INTERNAL REVENUE CODE AND THE AMOUNT THAT WOULD HAVE
BEEN EXCLUDED FROM GROSS  INCOME  FOR  QUALIFIED  TRANSPORTATION  FRINGE
BENEFITS SHALL BE COMPUTED AS IF THE PERSON WAS ALLOWED TO EXCLUDE QUAL-
IFIED  TRANSPORTATION  FRINGE  BENEFITS  FROM  HIS  OR HER GROSS INCOME.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR  THE  PURPOSES  OF  THIS
PARAGRAPH,  ALL  REFERENCES TO THE INTERNAL REVENUE CODE SHALL BE TO THE
INTERNAL REVENUE CODE AS IN EFFECT ON THE THIRTY-FIRST DAY OF  DECEMBER,
TWO THOUSAND TEN AND SHALL INCLUDE ALL TREASURY REGULATIONS AND RATES IN
EFFECT ON SUCH DATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06311-06-1

Co-Sponsors

view additional co-sponsors

S2728C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6175B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §612, Tax L

S2728C (ACTIVE) - Bill Texts

view summary

Subtracts from federal adjusted gross income qualified transportation fringe benefits.

view sponsor memo
BILL NUMBER:S2728C REVISED 01/25/12

TITLE OF BILL:
An act
to amend the tax law, in relation to qualified transportation fringe
benefits

PURPOSE:
To restore the New York State commuter pretax deduction
benefit.

SUMMARY OF PROVISIONS:
Section 1. Amends subsection (c) of section 612
of the tax law by adding a new paragraph 39 to make permanent the New
York State pretax deduction benefit for commuting expenses for
employees.

Section 2. Effective date.

JUSTIFICATION:
Federal law permits employers to allow their employees
to set aside a portion of their pre-tax wages to pay for transit,
vanpool fares, and parking. In 2009, Congress approved an increase in
the maximum transit benefit ($230/month), but required re-approval of
the increase on an annual basis. An extension was approved in 2010,
but Congress did not reauthorize another extension by the December
31, 2011 deadline. As a result, commuters' mass transit tax benefits
were cut from $230 to $125 a month. New York State mirrors this
benefit, thus with Congress' failure to re-authorize the current
transit benefit, commuters are seeing both their state and federal
benefits cut almost in half.

Washington's lack of action not only raises costs for commuters, it
gives them new incentives to avoid mass transit all together.
Commuters who drive in a car pool are allowed a similar pre-tax
benefit to help offset parking costs under federal law. Unlike the
pre-tax transit benefit, that law is permanent and indexed to
inflation. This means that commuters who drive to work had their
parking benefit increase to $240 a month while mass transit riders'
benefits were cut by nearly half. This disparity provides an
incentive for commuters to drive to work and not use mass transit,
increasing congestion and auto emissions.

This legislation would fully restore the state' monthly pre-tax
transit benefit which was cut when the federal government did not
approve an extension by the December 31, 2011 deadline. It would
also create parity between the current federal and state pre-tax
benefits which help offset parking costs for commuters who drive.
That benefit increased to $240 on January 1st.

LEGISLATIVE HISTORY:
2011: (S.2728-B/ A.6175-A) Passed the Senate

FISCAL IMPLICATIONS:
Prior to December 31, 2011 this income was not
taxed by the State, therefor there is no cost to the State.


EFFECTIVE DATE:
Immediately

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2728--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sens. FUSCHILLO, AVELLA, DILAN, GOLDEN, HANNON, JOHNSON,
  KLEIN, LAVALLE, LITTLE,  MARTINS,  OPPENHEIMER,  RANZENHOFER,  SAVINO,
  STAVISKY,  ZELDIN  -- read twice and ordered printed, and when printed
  to be committed to the  Committee  on  Investigations  and  Government
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted to said committee -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order  of  third  reading  -- recommitted to the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in  relation  to  qualified  transportation
  fringe benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (c) of section 612 of the tax law is amended  by
adding a new paragraph 39 to read as follows:
  (39)  FOR  TAXABLE  YEARS  BEGINNING  AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN THE AMOUNT OF QUALIFIED TRANSPORTATION  FRINGE  BENEFITS
INCLUDED IN FEDERAL ADJUSTED GROSS INCOME, TO THE EXTENT THAT SUCH QUAL-
IFIED TRANSPORTATION FRINGE BENEFITS WOULD HAVE BEEN EXCLUDED FROM GROSS
INCOME  PURSUANT  TO  PARAGRAPH  FIVE  OF  SUBSECTION (A) OF SECTION ONE
HUNDRED THIRTY-TWO OF THE INTERNAL REVENUE CODE HAD THE  FLUSH  SENTENCE
OF  PARAGRAPH TWO OF SUBSECTION (F) OF SECTION ONE HUNDRED THIRTY-TWO OF
THE INTERNAL REVENUE CODE THAT WAS IN EFFECT ON  DECEMBER  THIRTY-FIRST,
TWO THOUSAND ELEVEN CONTINUED IN EFFECT AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND  ELEVEN;  PROVIDED,  HOWEVER, THAT IF SUBPARAGRAPH (A) OF PARA-
GRAPH TWO OF SUBSECTION (F) OF SECTION ONE  HUNDRED  THIRTY-TWO  OF  THE
INTERNAL REVENUE CODE IS AMENDED SO THAT FOR ANY MONTH THE DOLLAR AMOUNT
IN  EFFECT UNDER SUCH SUBPARAGRAPH (A) IS GREATER THAN THE DOLLAR AMOUNT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06311-12-2

S. 2728--C                          2

IN EFFECT UNDER SUBPARAGRAPH (B) OF PARAGRAPH TWO OF SUBSECTION  (F)  OF
SECTION ONE HUNDRED THIRTY-TWO FOR THE SAME MONTH, THE FLUSH SENTENCE OF
PARAGRAPH  TWO THAT WAS IN EFFECT ON DECEMBER THIRTY-FIRST, TWO THOUSAND
ELEVEN  SHALL  BE DEEMED TO PROVIDE THAT THE DOLLAR AMOUNT IN EFFECT FOR
SUBPARAGRAPH (B) SHALL BE APPLIED AS IF THE DOLLAR AMOUNT  THEREIN  WERE
THE  SAME  AS  THE DOLLAR AMOUNT IN EFFECT FOR SUCH MONTH UNDER SUBPARA-
GRAPH (A). NOTWITHSTANDING THE FOREGOING, IF,  PURSUANT  TO  THIS  PARA-
GRAPH,  THE  AMOUNT THAT WOULD BE IN EFFECT FOR ANY MONTH UNDER SUBPARA-
GRAPH (A) OR (B) OF PARAGRAPH TWO  OF  SUBSECTION  (F)  OF  SECTION  ONE
HUNDRED THIRTY-TWO OF THE INTERNAL REVENUE CODE IS LESS THAN ONE HUNDRED
SEVENTY-FIVE  DOLLARS,  SUBPARAGRAPHS (A) AND (B) SHALL BE APPLIED AS IF
THE DOLLAR AMOUNT IN EFFECT FOR SUCH MONTH UNDER SUCH SUBPARAGRAPHS  WAS
ONE HUNDRED SEVENTY-FIVE DOLLARS.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.