S T A T E O F N E W Y O R K
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8079
2017-2018 Regular Sessions
I N A S S E M B L Y
May 25, 2017
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Introduced by M. of A. SEPULVEDA -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to providing a tax credit to
employers who subsidize an employee's use of public transportation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 210-B of the tax law is amended by adding a new
subdivision 53 to read as follows:
53. EMPLOYER TRANSPORTATION CREDIT. (A) A TAXPAYER SHALL BE ALLOWED A
CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED
BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO EITHER:
(I) FIFTEEN PERCENT OF THE EXPENSES INCURRED DURING A TAXABLE YEAR IN
PROVIDING PUBLIC TRANSPORTATION SERVICES FOR EMPLOYEES, PROVIDED THAT
THE TAXPAYER CONTRIBUTE AT LEAST FIFTY PERCENT OF AN EMPLOYEE'S TOTAL
PUBLIC TRANSPORTATION SERVICE COST.
(II) TWENTY-FIVE PERCENT OF THE EXPENSES INCURRED DURING A TAXABLE
YEAR IN PROVIDING PUBLIC TRANSPORTATION SERVICES FOR EMPLOYEES, PROVIDED
THAT THE TAXPAYER CONTRIBUTE ONE HUNDRED PERCENT OF AN EMPLOYEE'S TOTAL
PUBLIC TRANSPORTATION SERVICE COST.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC TRANSPORTATION
SERVICE" SHALL HAVE THE SAME DEFINITION AS IN SUBDIVISION FIVE OF
SECTION SEVENTY-THREE-C OF THE TRANSPORTATION LAW.
(C) A TAXPAYER MAY CONTRIBUTE TO AN EMPLOYEE'S TOTAL TRANSPORTATION
SERVICE COST IN THE FOLLOWING MANNERS:
(I) BY REIMBURSING AN EMPLOYEE DIRECTLY FOR THE COST OF THE EXPENSES
INCURRED FOR SERVICES;
(II) BY PROVIDING PASSES FOR PURCHASE DIRECTLY TO EMPLOYEES AT A
DISCOUNTED RATE; OR
(III) BY ALLOWING EMPLOYEES TO INCUR A PAYROLL DEDUCTION.
(D) SUCH PASS MUST COVER A MINIMUM OF ONE YEAR PER EMPLOYEE FOR THE
TAXPAYER TO CLAIM A CREDIT UNDER THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10961-04-7
A. 8079 2
(E) NO SUCH CREDIT SHALL:
(I) COVER PUBLIC TRANSPORTATION SERVICE PROVIDERS LOCATED OUTSIDE OF
THE STATE OF NEW YORK; OR
(II) EXCEED THE AMOUNT OF TAX OTHERWISE DUE PURSUANT TO THIS ARTICLE
FOR THE TAXABLE YEAR.
(F) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED UNDER THIS SUBDIVISION
IN ANY CALENDAR YEAR STATEWIDE SHALL BE FIFTY MILLION DOLLARS.
(G) THE COMMISSIONER SHALL PRIORITIZE EMPLOYERS WHO SUBSIDIZE THE FULL
COST OF EMPLOYEE TRANSIT OVER THE FIFTY PERCENT SUBSIDY.
§ 2. This act shall take effect immediately and shall apply to taxable
years commencing on or after such effective date.