Bill Text: NY A08017 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to providing a tax credit to employers who subsidize an employee's use of public transportation.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A08017 Detail]

Download: New_York-2019-A08017-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8017

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. Section 210-B of the tax law is amended  by  adding  a  new
     2  subdivision 54 to read as follows:
     3    54.  Employer transportation credit. (a) A taxpayer shall be allowed a
     4  credit, to be computed as hereinafter provided, against the tax  imposed
     5  by this article. The amount of the credit shall be equal to either:
     6    (i)  fifteen percent of the expenses incurred during a taxable year in
     7  providing public transportation services for  employees,  provided  that
     8  the  taxpayer  contribute  at least fifty percent of an employee's total
     9  public transportation service cost.
    10    (ii) twenty-five percent of the expenses  incurred  during  a  taxable
    11  year in providing public transportation services for employees, provided
    12  that  the taxpayer contribute one hundred percent of an employee's total
    13  public transportation service cost.
    14    (b) For the  purposes  of  this  subdivision,  "public  transportation
    15  service"  shall  have  the  same  definition  as  in subdivision five of
    16  section seventy-three-c of the transportation law.
    17    (c) A taxpayer may contribute to an  employee's  total  transportation
    18  service cost in the following manners:
    19    (i)  by  reimbursing an employee directly for the cost of the expenses
    20  incurred for services;
    21    (ii) by providing passes for  purchase  directly  to  employees  at  a
    22  discounted rate; or
    23    (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

     1    (d)  Such  pass  must cover a minimum of one year per employee for the
     2  taxpayer to claim a credit under this section.
     3    (e) No such credit shall:
     4    (i)  cover  public transportation service providers located outside of
     5  the state of New York; or
     6    (ii) exceed the amount of tax otherwise due pursuant to  this  article
     7  for the taxable year.
     8    (f) The aggregate amount of tax credits allowed under this subdivision
     9  in any calendar year statewide shall be fifty million dollars.
    10    (g) The commissioner shall prioritize employers who subsidize the full
    11  cost of employee transit over the fifty percent subsidy.
    12    § 2. This act shall take effect immediately and shall apply to taxable
    13  years commencing on or after such effective date.