STATE OF NEW YORK
________________________________________________________________________
1036
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sen. CARLUCCI -- 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 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. Subsection (c) of section 612 of the tax law is amended by
2 adding a new paragraph 44 to read as follows:
3 (44) For taxable years beginning after December thirty-first, two
4 thousand sixteen the amount of qualified transportation fringe benefits
5 included in federal adjusted gross income, to the extent that such qual-
6 ified transportation fringe benefits would have been excluded from gross
7 income pursuant to paragraph five of subsection (a) of section one
8 hundred thirty-two of the internal revenue code had the flush sentence
9 of paragraph two of subsection (f) of section one hundred thirty-two of
10 the internal revenue code that was in effect on December thirty-first,
11 two thousand sixteen continued in effect after December thirty-first,
12 two thousand sixteen; provided, however, that if subparagraph (A) of
13 paragraph two of subsection (f) of section one hundred thirty-two of the
14 internal revenue code is amended so that for any month the dollar amount
15 in effect under such subparagraph (A) is greater than the dollar amount
16 in effect under subparagraph (B) of paragraph two of subsection (f) of
17 section one hundred thirty-two of the internal revenue code for the same
18 month, the flush sentence of paragraph two that was in effect on Decem-
19 ber thirty-first, two thousand sixteen shall be deemed to provide that
20 the dollar amount in effect for subparagraph (B) shall be applied as if
21 the dollar amount therein were the same as the dollar amount in effect
22 for such month under subparagraph (A). Notwithstanding the foregoing,
23 if, pursuant to this paragraph, the amount that would be in effect for
24 any month under subparagraph (A) or (B) of paragraph two of subsection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01842-01-7
S. 1036 2
1 (f) of section one hundred thirty-two of the internal revenue code is
2 less than one hundred seventy-five dollars, subparagraphs (A) and (B)
3 shall be applied as if the dollar amount in effect for such month under
4 such subparagraphs was one hundred seventy-five dollars.
5 § 2. This act shall take effect immediately.
