Bill Text: NY A09116 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the election of qualified transportation fringe benefits; authorizes any employer to offer employees the opportunity to use pre-tax earnings for the purchase of qualified transportation fringe benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-07 - referred to ways and means [A09116 Detail]

Download: New_York-2023-A09116-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9116

                   IN ASSEMBLY

                                    February 7, 2024
                                       ___________

        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:

     1    Section  1.  The tax law is amended by adding a new section 49 to read
     2  as follows:
     3    § 49. Election of qualified transportation fringe benefits. (a)  Defi-
     4  nitions.  For  the  purposes  of this section, the following terms shall
     5  have the following meanings:
     6    (1) "bikesharing arrangements" means a rental operation at which bicy-
     7  cles, as defined in section one hundred two of the vehicle  and  traffic
     8  law;  bicycles  with  electric assist, as defined in section one hundred
     9  two-C of the vehicle and traffic law; or electric scooters,  as  defined
    10  in  section  one  hundred fourteen-e of the vehicle and traffic law, are
    11  made available to pick up and drop off for point-to-point use  within  a
    12  defined geographic area;
    13    (2)  "employer" means an entity, including but not limited to a corpo-
    14  ration, nonprofit organization, partnership, joint venture, common trust
    15  fund, limited association, pool or working agreement, local  government,
    16  or limited liability company, that employs three or more persons in this
    17  state;
    18    (3)  "local  government"  means  the  same  as such term is defined in
    19  section three hundred eight of the real property tax law;
    20    (4) "qualified transportation fringe benefits" means:
    21    (A) any qualified  transportation  fringe  benefit  as  that  term  is
    22  defined in 26 U.S.C. § 132(f);
    23    (B) TNC prearranged trips, as defined in section sixteen hundred nine-
    24  ty-one  of the vehicle and traffic law, or rides provided by bikesharing
    25  arrangements or ridesharing arrangements for use by an employee in trav-
    26  eling between the employee's residence, the employee's place of  employ-
    27  ment,  or  a  mass  transit  facility  that connects the employee to the
    28  employee's residence or place of employment; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14349-01-4
        A. 9116                             2

     1    (C) membership in any transportation network company, ridesharing,  or
     2  bikesharing membership program;
     3    (5)  "ridesharing"  means  the  vehicular transportation of passengers
     4  traveling together primarily to and  from  such  passengers'  places  of
     5  business  or  work  or traveling together on a regularly scheduled basis
     6  with a commonality of purposes if the vehicle used in  such  transporta-
     7  tion  is  not  operated for profit by an entity primarily engaged in the
     8  transportation business and if no charge is made  therefore  other  than
     9  that  reasonably  calculated to recover the direct and indirect costs of
    10  the "ridesharing arrangement", including, but not limited to, a  reason-
    11  able incentive to maximize occupancy of the vehicle. "Ridesharing" shall
    12  include  "ridesharing  arrangements"  commonly  known  as  carpools  and
    13  vanpools, but shall not include school transportation vehicles  operated
    14  by  elementary  and  secondary  schools  when  they are operated for the
    15  transportation of children  to  or  from  school  or  on  school-related
    16  events.
    17    (b)  Election  of  qualified transportation fringe benefits in lieu of
    18  taxable dollar compensation for certain  employees.  For  taxable  years
    19  beginning  on  and  after  January  first, two thousand twenty-five, any
    20  employer may offer employees the opportunity to use pre-tax earnings for
    21  the purchase of qualified transportation fringe benefits.
    22    (c) Rules and regulations. The department  may  promulgate  rules  and
    23  regulations necessary to implement and administer this section.
    24    § 2. This act shall take effect immediately and shall apply to taxable
    25  years beginning on and after January 1, 2025.