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Section 17149 Of Article 3. Items Specifically Excluded From Gross Income From California Revenue And Taxation Code >> Division 2. >> Part 10. >> Chapter 3. >> Article 3.
17149
. (a) Gross income does not include compensation or the fair
market value of any other benefit, except salary or wages, received
by an employee from an employer for participation in any ridesharing
arrangement in California, including those specified in subdivision
(b).
(b) For purposes of this section, compensation or the fair market value of any other benefit received for participation in a ridesharing arrangement in California includes compensation or other benefit received for:
(1) Commuting in a vanpool.
(2) Commuting in a private commuter bus or buspool.
(3) A transit pass for use by the employee or his or her dependents, other than transit passes for use by elementary and secondary school students who are dependents of the employee.
(4) Commuting in a subscription taxipool.
(5) Commuting in a carpool.
(6) Free or subsidized parking.
(7) An employee's bicycling to or from his or her place of employment.
(8) Commuting by ferry.
(9) The use of an alternative transportation method, other than a method otherwise specified in this subdivision, that reduces the use of a motor vehicle by a single occupant to travel to or from that individual's place of employment.
(10) Travel to or from a telecommuting facility.
(c) For purposes of this section:
(1) "Vanpool" means seven or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry 7 to 15 adults, including the driver, that is used to transport those persons who commute to and from work on a regular basis.
(2) "Transit pass" means any purchase of transit rides that entitles the holder to any number of transit rides to and from the workplace, whether at a discount rate or the base fare rate.
(3) "Transit" means transportation service for use by the general public that utilizes buses, railcars, or ferries with a seating capacity of 16 or more persons.
(4) "Subscription taxipool" means a type of service in which employers or groups of employees contract with a public or private taxi operator to provide daily commuter service for a group of preassembled subscribers on a prepaid or daily fare basis following a relatively fixed route and schedule tailored to meet the needs of the subscribers.
(5) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where that transportation is incidental to another purpose of the driver. The term includes ridesharing arrangements known as carpools, vanpools, and buspools.
(6) "Carpool" means two or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry less than seven adults, including the driver.
(7) "Buspool" means 16 or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry more than 15 adult passengers.
(8) "Private commuter bus" means a highway vehicle which meets all of the following criteria:
(A) Has a seating capacity of at least seven adults, including the driver.
(B) At least 50 percent of the mileage of which can be reasonably expected to be used for the purpose of transporting employees to and from work.
(C) Is acquired by the taxpayer on or after the date of enactment of this section.
(D) With respect to which the taxpayer makes an election under this paragraph on his or her return for the taxable year in which the vehicle is placed in service.
(9) "Free or subsidized parking" means the benefit received from an employer for parking while participating in a ridesharing arrangement within California.
(10) "Alternative commute program" means any alternative transportation method or program the purpose of which is to reduce the use of a motor vehicle by a single occupant to travel to and from that individual's place of employment.
(b) For purposes of this section, compensation or the fair market value of any other benefit received for participation in a ridesharing arrangement in California includes compensation or other benefit received for:
(1) Commuting in a vanpool.
(2) Commuting in a private commuter bus or buspool.
(3) A transit pass for use by the employee or his or her dependents, other than transit passes for use by elementary and secondary school students who are dependents of the employee.
(4) Commuting in a subscription taxipool.
(5) Commuting in a carpool.
(6) Free or subsidized parking.
(7) An employee's bicycling to or from his or her place of employment.
(8) Commuting by ferry.
(9) The use of an alternative transportation method, other than a method otherwise specified in this subdivision, that reduces the use of a motor vehicle by a single occupant to travel to or from that individual's place of employment.
(10) Travel to or from a telecommuting facility.
(c) For purposes of this section:
(1) "Vanpool" means seven or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry 7 to 15 adults, including the driver, that is used to transport those persons who commute to and from work on a regular basis.
(2) "Transit pass" means any purchase of transit rides that entitles the holder to any number of transit rides to and from the workplace, whether at a discount rate or the base fare rate.
(3) "Transit" means transportation service for use by the general public that utilizes buses, railcars, or ferries with a seating capacity of 16 or more persons.
(4) "Subscription taxipool" means a type of service in which employers or groups of employees contract with a public or private taxi operator to provide daily commuter service for a group of preassembled subscribers on a prepaid or daily fare basis following a relatively fixed route and schedule tailored to meet the needs of the subscribers.
(5) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where that transportation is incidental to another purpose of the driver. The term includes ridesharing arrangements known as carpools, vanpools, and buspools.
(6) "Carpool" means two or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry less than seven adults, including the driver.
(7) "Buspool" means 16 or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry more than 15 adult passengers.
(8) "Private commuter bus" means a highway vehicle which meets all of the following criteria:
(A) Has a seating capacity of at least seven adults, including the driver.
(B) At least 50 percent of the mileage of which can be reasonably expected to be used for the purpose of transporting employees to and from work.
(C) Is acquired by the taxpayer on or after the date of enactment of this section.
(D) With respect to which the taxpayer makes an election under this paragraph on his or her return for the taxable year in which the vehicle is placed in service.
(9) "Free or subsidized parking" means the benefit received from an employer for parking while participating in a ridesharing arrangement within California.
(10) "Alternative commute program" means any alternative transportation method or program the purpose of which is to reduce the use of a motor vehicle by a single occupant to travel to and from that individual's place of employment.
