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S03145 Summary:

BILL NOS03145
 
SAME ASSAME AS A01486
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Add §50, Tax L
 
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.
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S03145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3145
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 23, 2025
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        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 50  to  read
     2  as follows:
     3    §  50. 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03022-01-5

        S. 3145                             2
 
     1  arrangements or ridesharing arrangements for use by an employee in trav-
     2  eling  between the employee's residence, the employee's place of employ-
     3  ment, or a mass transit facility  that  connects  the  employee  to  the
     4  employee's residence or place of employment; or
     5    (C)  membership in any transportation network company, ridesharing, or
     6  bikesharing membership program;
     7    (5) "ridesharing" means the  vehicular  transportation  of  passengers
     8  traveling  together  primarily  to  and  from such passengers' places of
     9  business or work or traveling together on a  regularly  scheduled  basis
    10  with  a  commonality of purposes if the vehicle used in such transporta-
    11  tion is not operated for profit by an entity primarily  engaged  in  the
    12  transportation  business  and  if no charge is made therefore other than
    13  that reasonably calculated to recover the direct and indirect  costs  of
    14  the  "ridesharing arrangement", including, but not limited to, a reason-
    15  able incentive to maximize occupancy of the vehicle. "Ridesharing" shall
    16  include  "ridesharing  arrangements"  commonly  known  as  carpools  and
    17  vanpools,  but shall not include school transportation vehicles operated
    18  by elementary and secondary schools  when  they  are  operated  for  the
    19  transportation  of  children  to  or  from  school  or on school-related
    20  events.
    21    (b) Election of qualified transportation fringe benefits  in  lieu  of
    22  taxable  dollar  compensation  for  certain employees. For taxable years
    23  beginning on and after  January  first,  two  thousand  twenty-six,  any
    24  employer may offer employees the opportunity to use pre-tax earnings for
    25  the purchase of qualified transportation fringe benefits.
    26    (c)  Rules  and  regulations.  The department may promulgate rules and
    27  regulations necessary to implement and administer this section.
    28    § 2. This act shall take effect immediately and shall apply to taxable
    29  years beginning on and after January 1, 2026.
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