S T A T E   O F   N E W   Y O R K
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                                   8017
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A. WRIGHT, DICKENS, COLTON, EPSTEIN, FAHY, CRUZ,
   ROMEO, L. ROSENTHAL, DenDEKKER, SIMON -- Multi-Sponsored by --  M.  of
   A.   BUTTENSCHON, HEVESI -- 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 54 to read as follows:
   54.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03956-03-9

 A. 8017                             2
 
   (D)  SUCH  PASS  MUST COVER A MINIMUM OF ONE YEAR PER EMPLOYEE FOR THE
 TAXPAYER TO CLAIM A CREDIT UNDER THIS SECTION.
   (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.