S T A T E O F N E W Y O R K
________________________________________________________________________
1486
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. RIVERA -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to authorizing the election of
qualified transportation fringe benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 50 to read
as follows:
§ 50. ELECTION OF QUALIFIED TRANSPORTATION FRINGE BENEFITS. (A) DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(1) "BIKESHARING ARRANGEMENTS" MEANS A RENTAL OPERATION AT WHICH BICY-
CLES, AS DEFINED IN SECTION ONE HUNDRED TWO OF THE VEHICLE AND TRAFFIC
LAW; BICYCLES WITH ELECTRIC ASSIST, AS DEFINED IN SECTION ONE HUNDRED
TWO-C OF THE VEHICLE AND TRAFFIC LAW; OR ELECTRIC SCOOTERS, AS DEFINED
IN SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW, ARE
MADE AVAILABLE TO PICK UP AND DROP OFF FOR POINT-TO-POINT USE WITHIN A
DEFINED GEOGRAPHIC AREA;
(2) "EMPLOYER" MEANS AN ENTITY, INCLUDING BUT NOT LIMITED TO A CORPO-
RATION, NONPROFIT ORGANIZATION, PARTNERSHIP, JOINT VENTURE, COMMON TRUST
FUND, LIMITED ASSOCIATION, POOL OR WORKING AGREEMENT, LOCAL GOVERNMENT,
OR LIMITED LIABILITY COMPANY, THAT EMPLOYS THREE OR MORE PERSONS IN THIS
STATE;
(3) "LOCAL GOVERNMENT" MEANS THE SAME AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED EIGHT OF THE REAL PROPERTY TAX LAW;
(4) "QUALIFIED TRANSPORTATION FRINGE BENEFITS" MEANS:
(A) ANY QUALIFIED TRANSPORTATION FRINGE BENEFIT AS THAT TERM IS
DEFINED IN 26 U.S.C. § 132(F);
(B) TNC PREARRANGED TRIPS, AS DEFINED IN SECTION SIXTEEN HUNDRED NINE-
TY-ONE OF THE VEHICLE AND TRAFFIC LAW, OR RIDES PROVIDED BY BIKESHARING
ARRANGEMENTS OR RIDESHARING ARRANGEMENTS FOR USE BY AN EMPLOYEE IN TRAV-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03022-01-5
A. 1486 2
ELING BETWEEN THE EMPLOYEE'S RESIDENCE, THE EMPLOYEE'S PLACE OF EMPLOY-
MENT, OR A MASS TRANSIT FACILITY THAT CONNECTS THE EMPLOYEE TO THE
EMPLOYEE'S RESIDENCE OR PLACE OF EMPLOYMENT; OR
(C) MEMBERSHIP IN ANY TRANSPORTATION NETWORK COMPANY, RIDESHARING, OR
BIKESHARING MEMBERSHIP PROGRAM;
(5) "RIDESHARING" MEANS THE VEHICULAR TRANSPORTATION OF PASSENGERS
TRAVELING TOGETHER PRIMARILY TO AND FROM SUCH PASSENGERS' PLACES OF
BUSINESS OR WORK OR TRAVELING TOGETHER ON A REGULARLY SCHEDULED BASIS
WITH A COMMONALITY OF PURPOSES IF THE VEHICLE USED IN SUCH TRANSPORTA-
TION IS NOT OPERATED FOR PROFIT BY AN ENTITY PRIMARILY ENGAGED IN THE
TRANSPORTATION BUSINESS AND IF NO CHARGE IS MADE THEREFORE OTHER THAN
THAT REASONABLY CALCULATED TO RECOVER THE DIRECT AND INDIRECT COSTS OF
THE "RIDESHARING ARRANGEMENT", INCLUDING, BUT NOT LIMITED TO, A REASON-
ABLE INCENTIVE TO MAXIMIZE OCCUPANCY OF THE VEHICLE. "RIDESHARING" SHALL
INCLUDE "RIDESHARING ARRANGEMENTS" COMMONLY KNOWN AS CARPOOLS AND
VANPOOLS, BUT SHALL NOT INCLUDE SCHOOL TRANSPORTATION VEHICLES OPERATED
BY ELEMENTARY AND SECONDARY SCHOOLS WHEN THEY ARE OPERATED FOR THE
TRANSPORTATION OF CHILDREN TO OR FROM SCHOOL OR ON SCHOOL-RELATED
EVENTS.
(B) ELECTION OF QUALIFIED TRANSPORTATION FRINGE BENEFITS IN LIEU OF
TAXABLE DOLLAR COMPENSATION FOR CERTAIN EMPLOYEES. FOR TAXABLE YEARS
BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, ANY
EMPLOYER MAY OFFER EMPLOYEES THE OPPORTUNITY TO USE PRE-TAX EARNINGS FOR
THE PURCHASE OF QUALIFIED TRANSPORTATION FRINGE BENEFITS.
(C) RULES AND REGULATIONS. THE DEPARTMENT MAY PROMULGATE RULES AND
REGULATIONS NECESSARY TO IMPLEMENT AND ADMINISTER THIS SECTION.
§ 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2026.