Commuter Parity Act of 2015

To amend the Internal Revenue Code of 1986 to modify the exclusion for transportation benefits. 1. Short title This Act may be cited as the Commuter Parity Act of 2015 2. Qualified transportation fringe (a) In general Subsection (f) of section 132 (f) Qualified transportation fringe (1) In general For purposes of this section, the term qualified transportation fringe (A) Transportation in a commuter highway vehicle if such transportation is in connection with travel between the employee’s residence and place of employment. (B) Any transit pass. (C) Qualified parking. (D) Any qualified bicycle commuting reimbursement. (2) Limitation on exclusion The amount of the fringe benefits which are provided by an employer to any employee and which may be excluded from gross income under subsection (a)(5) shall not exceed— (A) $235 per month in the case of the aggregate of the benefits described in subparagraphs (A) and (B) of paragraph (1), (B) $235 per month in the case of qualified parking, and (C) $35 per month for qualified bicycle commuting reimbursement. (3) Cash reimbursements For purposes of this subsection, the term qualified transportation fringe (4) No constructive receipt No amount shall be included in the gross income of an employee solely because the employee may choose between any qualified transportation fringe and compensation which would otherwise be includible in gross income of such employee. (5) Definitions For purposes of this subsection— (A) Transit pass The term transit pass (i) on mass transit facilities (whether or not publicly owned), or (ii) provided by any person in the business of transporting persons for compensation or hire if such transportation is provided in a vehicle meeting the requirements of subparagraph (B)(i). (B) Commuter highway vehicle The term commuter highway vehicle (i) the seating capacity of which is at least 6 adults (not including the driver), and (ii) at least 80 percent of the mileage use of which can reasonably be expected to be— (I) for purposes of transporting employees in connection with travel between their residences and their place of employment, and (II) on trips during which the number of employees transported for such purposes is at least ½ of the adult seating capacity of such vehicle (not including the driver). (C) Qualified parking The term qualified parking (D) Transportation provided by employer Transportation referred to in paragraph (1)(A) shall be considered to be provided by an employer if such transportation is furnished in a commuter highway vehicle operated by or for the employer. (E) Employee For purposes of this subsection, the term employee (F) Qualified bicycle commuting reimbursement For the purposes of this subsection, the term qualified bicycle commuting reimbursement (6) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2016, the dollar amounts contained in paragraph (2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2015 calendar year 1992 (B) Rounding If any increase determined under subparagraph (A) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5. (7) Coordination with other provisions For purposes of this section, the terms working condition fringe de minimis fringe . (b) Conforming amendments Sections 403(b)(3)(B), 414(s)(2), 415(c)(3)(D)(ii) of such Code are each amended by striking 132(f)(4), (c) Effective date The amendments made by this section shall apply to months beginning after the date of the enactment of this Act, in taxable years ending after such date.

Summary: Commuter Parity Act of 2015 Amends the Internal Revenue Code to modify the exclusion from gross income, for income tax purposes, of certain transportation benefits provided by an employer to an employee, including cash reimbursements for such benefits, to allow a monthly exclusion amount of: (1) $235 for transportation in a commuter highway vehicle from home to work and any transit pass, (2) $235 for qualified parking, and (3) $35 for qualified bicycle commuting reimbursement. Allows an annual cost-of-living adjustment to such exclusion amounts after 2016.