1 SEC. 211. TRANSPORTATION FRINGE BENEFIT TO BICYCLE
2 COMMUTERS.
3 (a) IN GENERAL.—Paragraph (1) of section 132(f)
4 is amended by adding at the end the following:
5 ‘‘(D) Any qualified bicycle commuting re6
imbursement.’’.
7 (b) LIMITATION ON EXCLUSION.—Paragraph (2) of
8 section 132(f) is amended by striking ‘‘and’’ at the end
9 of subparagraph (A), by striking the period at the end
10 of subparagraph (B) and inserting ‘‘, and’’, and by adding
11 at the end the following new subparagraph:
12 ‘‘(C) the applicable annual limitation in
13 the case of any qualified bicycle commuting re14
imbursement.’’.
15 (c) DEFINITIONS.—Paragraph (5) of section 132(f)
16 is amended by adding at the end the following:
17 ‘‘(F) DEFINITIONS RELATED TO BICYCLE
18 COMMUTING REIMBURSEMENT.—
19 ‘‘(i) QUALIFIED BICYCLE COMMUTING
20 REIMBURSEMENT.—The term ‘qualified bi21
cycle commuting reimbursement’ means,
22 with respect to any calendar year, any em23
ployer reimbursement during the 15-month
24 period beginning with the first day of such
25 calendar year for reasonable expenses in26
curred by the employee during such cal206
O:\AYO\AYO08C32.xml S.L.C.
1 endar year for the purchase of a bicycle
2 and bicycle improvements, repair, and stor3
age, if such bicycle is regularly used for
4 travel between the employee’s residence
5 and place of employment.
6 ‘‘(ii) APPLICABLE ANNUAL LIMITA7
TION.—The term ‘applicable annual limita8
tion’ means, with respect to any employee
9 for any calendar year, the product of $20
10 multiplied by the number of qualified bicy11
cle commuting months during such year.
12 ‘‘(iii) QUALIFIED BICYCLE COM13
MUTING MONTH.—The term ‘qualified bi14
cycle commuting month’ means, with re15
spect to any employee, any month during
16 which such employee—
17 ‘‘(I) regularly uses the bicycle for
18 a substantial portion of the travel be19
tween the employee’s residence and
20 place of employment, and
21 ‘‘(II) does not receive any benefit
22 described in subparagraph (A), (B),
23 or (C) of paragraph (1).’’.
24 (d) CONSTRUCTIVE RECEIPT OF BENEFIT.—Para25
graph (4) of section 132(f) is amended by inserting
207
O:\AYO\AYO08C32.xml S.L.C.
1 ‘‘(other than a qualified bicycle commuting reimburse2
ment)’’ after ‘‘qualified transportation fringe’’.
3 (e) EFFECTIVE DATE.—The amendments made by
4 this section shall apply to taxable years beginning after
5 December 31, 2008.