“Parking Tax” Repealed, But Still No Guidance on How to Claim Refunds

On December 20, 2019, the Taxpayer Certainty and Disaster Tax Relief Act of 2019 (Act) repealed Internal Revenue Code Section 512(a)(7). Implemented as a part of the Tax Cuts and Jobs Act of 2017, the code section had imposed a tax on transportation and parking benefits provided to employees by tax-exempt organizations. In short, tax-exempt organizations were required to pay unrelated business income tax (UBIT) at a rate of 21% on providing pre-tax or free transportation and parking benefits to their employees beginning January 1, 2018.

Many agree that this tax was burdensome to tax-exempt organizations not only because of the UBIT payments, but also because of the amount of time it required from an administrative perspective to calculate the tax and prepare a return that organizations may not have previously had to file. The Act repealed this tax retroactively. Tax-exempt organizations now are awaiting guidance from the Internal Revenue Service on how to claim their refunds.

On January 8, 2020, Ways and Means Committee Chairman Richard E. Neal (D-MA) released a statement, calling for the IRS to establish an expedited process for tax-exempt organizations to obtain refunds of UBIT paid on transportation and parking benefits provided to their employees. Additionally, Mr. Neal requested that the IRS promptly issue guidance on the appropriate steps tax-exempt organizations should take to claim their refunds.

It’s hoped the guidance will also address credits, net operating losses, etc., that may have been utilized to offset unrelated business income from providing parking benefits.

Schneider Downs is monitoring the next steps that tax-exempt organizations will need to take to receive their refunds and will provide updates as soon as they become available.

You’ve heard our thoughts… We’d like to hear yours

The Schneider Downs Our Thoughts On blog exists to create a dialogue on issues that are important to organizations and individuals. While we enjoy sharing our ideas and insights, we’re especially interested in what you may have to say. If you have a question or a comment about this article – or any article from the Our Thoughts On blog – we hope you’ll share it with us. After all, a dialogue is an exchange of ideas, and we’d like to hear from you. Email us at [email protected].

Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax, or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice.

© 2022 Schneider Downs. All rights-reserved. All content on this site is property of Schneider Downs unless otherwise noted and should not be used without written permission.

our thoughts on
Automobile, Tax BY Steven Barber
LIFO Relief Update
Superfund Excise Taxes Are Back Under the Infrastructure Investment and Jobs Act Effective July 1, 2022
The Sting of Section 163(j) for Private Equity-Owned Companies
IRS Announces 2021 Marginal Well Credit
IRS Announces 2022 Automobile Depreciation Limitations
Don’t Ignore an IRS 5071C letter!
Register to receive our weekly newsletter with our most recent columns and insights.
Have a question? Ask us!

We’d love to hear from you. Drop us a note, and we’ll respond to you as quickly as possible.

Ask us
contact us

This site uses cookies to ensure that we give you the best user experience. Cookies assist in navigation, analyzing traffic and in our marketing efforts as described in our Privacy Policy.