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ARTICLE · 18 JANUARY 2016

IRS Provides Guidance On Retroactive Transit Benefit Adjustments For 2015

The Act amended Code Section 132(f) to equalize the income exclusions for parking expenses and transit benefits retroactive to January 1, 2015.

United StatesEmployment and HR

On December 18, 2015, Congress passed the Consolidated Appropriations Act, 2016 (Public Law No. 114-113) which amended the Internal Revenue Code to retroactively (and permanently) adjust the limits on qualified transportation fringe benefits. On January 11, 2016, the Internal Revenue Service issued Notice 2016-6 to address employers’ questions regarding the retroactive application of the increased exclusion for 2015.

Code Section 132 excludes qualified transportation fringe benefits from gross income, including:  (1) transportation in a commuter highway vehicle between home and work, (2) transit passes, and (3) qualified parking.  Prior to the Act, the maximum monthly amount excludable from gross income was  $250 per month for qualified parking, and $130 for transportation in a commuter highway vehicle and transit passes combined (collectively, “transit benefits”).  The Act amended Code Section 132(f) to equalize the income exclusions for parking expenses and transit

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