Bill to Retroactively Repeal Nonprofit Transportation Fringe Benefit Tax Passed by House Ways and Means Committee

On Thursday, June 20, 2019, the House Ways and Means Committee passed H.R. 3300, officially called the “Economic Mobility Act of 2019” (the “Bill”).  The Bill, among other things, repeals the unrelated business income tax (UBIT) on nonprofits providing employees with qualified transportation fringe benefits.

AAFCPAs is also pleased to report that the Bill states this repeal will be retroactive, as if the original provision was never included in the Tax Cuts & Jobs Act (TCJA).  The Committee did not provide guidance on how tax-exempt organizations would go about requesting or receiving a refund, nor how this would affect amounts paid to states.

The Bill still needs to be approved by the House of Representatives and the Senate, but the passage in the House Ways and Means Committee is a strong step towards retroactive repeal. AAFCPAs is optimistic the Bill will pass based on details located in the roll call indicating bipartisan support. Kevin Brady, the ranking member of the House Ways and Means Committee, offered an amendment to the Bill that would strike every provision except the one pertaining to the repeal of the excise tax on nonprofit organizations providing qualified transportation benefits. This amendment, which only lost by a handful of votes, demonstrates that while many of the other provisions of the Bill may not be supported, everyone in the House Ways and Means Committee agreed, at the least, that the provision of the TCJA taxing nonprofits providing qualified fringe benefits should be repealed.

We continue to remind clients that the TCJA represents a dramatic overhaul of the U.S. tax code, and we expect legislative action such as the Bill mentioned above to only intensify.

As always, the tax practice of AAFCPAs will continue to monitor the legislative process and keep you informed as significant changes occur or provisions become clarified. If you have any questions please contact: Christopher Consoletti, Esq. at 774.512.4180, cconsoletti@nullaafcpa.com; Josh England, Esq., LLM at 774.512.4109, jengland@nullaafcpa.com; or your AAFCPAs Partner.