Title 48, Chapter 7, Section 29.3
( 48-7-29.3)
(a) As used in this Code section, the term "federal qualified
transportation fringe benefit" means only the following
transportation benefits provided by an employer to any employee as
provided in Section 132(f) of the Internal Revenue Code of 1986, as
amended: (1) Transportation in a commuter highway vehicle if such
transportation is in connection with travel between the employee's
residence and place of employment; (2) Any transit pass; (3) Qualified parking on or near a location from which the
employee commutes to work by transportation described in paragraph
(1) of this subsection, in a commuter highway vehicle, or by
carpool. Qualified parking shall not include parking provided to
an employee on or near the business premises of the employer and
shall not include any parking on or near property used by the
employee for residential purposes. (b) A taxpayer shall be allowed a state income tax credit against
the tax imposed by this chapter for any federal qualified
transportation fringe benefit provided by the taxpayer to an
employee which benefit is in addition to and not in lieu of
compensation otherwise payable to the employee, in an amount equal
to $25.00 per employee receiving such benefit; provided, however,
that in no event shall the total amount of such tax credit exceed
the annual amount expended by such employer in providing such
federal qualified transportation fringe benefits to such employees. (c) In no event shall the total amount of the tax credit under this
Code section for a taxable year exceed the taxpayer's income tax
liability. Any unused tax credit shall be allowed to be carried
forward to apply to the taxpayer's next three succeeding years' tax
liability. No such tax credit shall be allowed the taxpayer against
prior years' tax liability. (d) The commissioner shall promulgate any rules and regulations
necessary to implement and administer this Code section. Such rules
and regulations shall include, but not be limited to, a minimum
required usage of ten workdays per month of the federal qualified
transportation fringe benefit provided to the employee in order to
obtain the credit authorized under this Code section. |