Amendment ID: S2989-10-R1

Redraft Amendment 10

Updating Commuter Transit Benefits

Mr. Keenan and Ms. Moran move that the proposed new text be amended by inserting the following sections:-

"SECTION XX. Section 1 of Chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in subsection (c), by inserting after the figure “408(q) ” the following words:- “, provided, however, that Code shall not mean the Internal Revenue Code of the United States, as amended on January 1, 2018, for section 132(f)(8) and shall mean the Internal Revenue Code of the United States, as amended on January 1, 2017, for section 132(f)(1)(D)”.

SECTION XX. Subsection (B)(a) of section 3 of Chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subparagraph (15) in its entirety and inserting in place thereof the following subparagraph:-

(15)(i) Amounts expended by an individual for tolls paid for through a Fast Lane account or for transit commuter passes for Massachusetts Bay Transit Authority subway, bus, commuter rail or commuter boat, not including amounts reimbursed by an employer or otherwise. In the case of a single person or a married person filing a separate return or a head of household, this deduction shall apply only to the portion of the expended amount that exceeds $150, and the total amount deducted shall not exceed $750. In the case of a married couple filing a joint return, this deduction shall apply only to the portion of the amount expended by each individual that exceeds $150, and the total amount deducted shall not exceed $750 for each individual.

(ii) Amounts expended by an individual for fares paid for Regional Transit Authority transit, not including amounts reimbursed by an employer or otherwise. In the case of a single person or a married person filing a separate return or a head of household, this deduction shall apply only to the portion of the expended amount that exceeds $50, and the total amount deducted shall not exceed $750. In the case of a married couple filing a joint return, this deduction shall apply only to the portion of the amount expended by each individual that exceeds $50, and the total amount deducted shall not exceed $750 for each individual.

(iii) Amounts expended for a bikeshare membership or for a bicycle including electric bikes, bicycle improvements, repair and storage, not including amounts reimbursed by an employer or otherwise. In the case of a single person or a married person filing a separate return or a head of household, this deduction shall apply only to the portion of the expended amount that exceeds $50, and the total amount deducted shall not exceed $750. In the case of a married couple filing a joint return, this deduction shall apply only to the portion of the amount expended by each individual that exceeds $50, and the total amount deducted shall not exceed $750 for each individual.

(iv) The commissioner of revenue shall adopt regulations necessary for the implementation of this section.

SECTION XX. Section XX and XX shall be effective for tax years beginning on or after January 1, 2022."