May 29, 2018 - As a result of the new federal tax law, nonprofit employers must now pay Unrelated Business Income Tax (UBIT) on commuter benefits, including Buffalo NFTA Metro Pass, NYC Metrocard, Rochester RTS Pass, or employee parking. New York law imposes a state UBIT whenever federal law does. As a result, New York will automatically follow the new federal statute, imposing an additional 9% tax. This means that any employer with 40 employees, each of whom receives $150 per month in pre-tax commuter benefits, could owe New York State $6,480 in new taxes each year. For more information, see this FAQ .
NPCC is part of a coalition that is advocating with New York State to reform our state tax law and reduce the cost to nonprofits by decoupling the federal and state law, therefore keeping New York from charging the 9% tax on these benefits.