
Can I deduct qualified transportation benefits?
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For tax year 2025, employers generally cannot deduct expenses for providing qualified transportation fringe (QTF) benefits to employees, with only limited exceptions. This rule is the result of changes made by the Tax Cuts and Jobs Act (TCJA) and is implemented in the Internal Revenue Code and Treasury Regulations.
1. General Disallowance of Deduction
Section 274(a)(4) of the Internal Revenue Code provides that no deduction is allowed for the expense of any qualified transportation fringe (QTF) provided to an employee. QTFs are defined in Section 132(f) and include:- Transportation in a commuter highway vehicle between the employee’s residence and place of employment,- Transit passes,- Qualified parking.
Section 274(l) further disallows deductions for any expense incurred for providing any transportation, or any payment or reimbursement, to an employee in connection with travel between the employee’s residence and place of employment, except as necessary for ensuring the safety of the employee.
2. What Is a Qualified Transportation Fringe?
A QTF is any of the following provided by an employer to an employee:- Transportation in a commuter highway vehicle (e.g., vanpool),- Transit pass (e.g., bus, subway, or train pass),- Qualified parking (parking on or near the employer’s business premises or a location from which the employee commutes to work).
3. Exceptions to the Disallowance
There are three main exceptions under Section 274(e) and the regulations at §1.274-13(e):
a. Treated as Compensation (Section 274(e)(2))
If the value of the QTF provided to the employee exceeds the monthly exclusion limit (for 2025, $325 per month for transit/vanpool and $325 per month for parking), and the employer includes the excess in the employee’s taxable wages and withholds income tax, the employer may deduct the portion treated as compensation. The deduction is limited to the amount included in the employee’s income (the “dollar-for-dollar” rule).
Example:If you pay $350 per month for an employee’s parking, $325 is excludable from the employee’s income, but $25 is taxable. You may deduct the $25 included in the employee’s wages, but not the $325 that is excludable.
b. Made Available to the General Public (Section 274(e)(7))
If the QTF (e.g., parking) is made available to the general public (customers, clients, visitors, etc.) and the primary use of the parking facility is by the general public (more than 50% of use), then the related expenses are not subject to the deduction disallowance. If the primary use is not by the general public, only the portion allocable to public use is deductible.
c. Sold to Customers (Section 274(e)(8))
If the QTF is sold to customers (including employees, if they pay fair market value in a bona fide transaction), the related expenses are deductible. If the fair market value is zero (e.g., in a rural area where no one would pay to park), the employer may be able to deduct the expenses, but bears the burden of proof.
4. Special Rules and Methodologies
If you own or lease a parking facility, the regulations provide several methods to determine the nondeductible portion of your parking expenses, including:- The general rule (reasonable allocation based on actual use),- The qualified parking limit methodology (multiply the number of employee spaces by the monthly limit),- The primary use methodology (four-step process based on reserved spaces and primary use),- The cost per space methodology.
5. Commuting Expenses (Section 274(l))
No deduction is allowed for any expense incurred for providing any transportation, or any payment or reimbursement, to an employee in connection with travel between the employee’s residence and place of employment, except as necessary for ensuring the safety of the employee (e.g., unsafe conditions as described in §1.61-21(k)(5)). The exceptions in Section 274(e) do not apply to this rule.
6. Summary Table (for 2025)
7. Tax-Exempt Employers
Tax-exempt employers are subject to unrelated business income tax (UBIT) on the amount of QTF expenses that would be nondeductible if they were a taxable employer.
In summary: You generally cannot deduct the cost of providing qualified transportation fringe benefits to employees, except for amounts included in employee compensation, amounts attributable to parking primarily used by the general public, or amounts sold to customers for fair market value.Special rules apply for allocating expenses if you own or lease a parking facility. Commuting expenses are not deductible unless necessary for employee safety.
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