S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6175--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Ways and Means --  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  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.
                                                           LBD06311-07-1


              

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6175--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Ways  and  Means  in  accordance  with
  Assembly Rule 3, sec. 2 -- 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06311-13-2
              

A. 6175--B                          2

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.