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Commuting can be a nightmare for employees. Your company can help by offering your staff members some financial relief from their commuting hassles.

Employees appreciate this benefit and there's a bonus for your company: You can save money on payroll taxes. Similar to a cafeteria plan election, staff members can have money deducted on a pre-tax basis to be applied toward the transportation benefits. Both the company and the employee avoid payroll taxes on the salary reduction.

In another option, employees can be given the choice of taking the benefit in cash. However, if an employee takes cash, the amount is included in the employee's compensation and subject to employment taxes.

Under the tax law, there are three categories of employer-provided fringe benefits for qualified transportation for 2008:

Public transit passes for light rail, bus, subway or ferry, worth up to $115 a month (up from $110 in 2007).

 Van pool rides, also up to $115 a month.

 Parking expenses, worth up to $220 a month (up from $215 in 2007). The parking space must be on, near your business location, or at a location where staff members leave their cars and then commute to work by public transportation or car pool.


So your company can provide up to $335 in monthly tax-free benefits per employee in 2008. This includes $220 parking, plus $115 in passes or rides. If you give more, the excess must be treated as taxable compensation.

Some limitations: Shareholder-employees of C corporations can collect qualified transportation perks but they're not available as a tax-free fringe benefit to partners, 2-percent-or-more shareholder-employees in an S corporation or independent contractors. Talk with your tax adviser about the best way to set up a program.


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The subject matter contained in this newsletter is often complex, with nuances that cannot be fully described in a single article or announcement. It is therefore vital that you consult with us -- and your legal and investment advisors, as appropriate -- before implementing ideas contained in the newsletter. Bader Martin, PS is not responsible for misinterpretations, errors, or omissions related to the content of this newsletter. Nor are we responsible for its applicability to your personal, business, or tax situation.