Sec. 212. Employer-provided off-premises athletic facilities

347 words·~2 min read·/bill/113/s/39/is/section-212

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Subparagraph

(A)of section 132(j)(4) of the Internal Revenue Code of 1986 is amended to read as follows: Gross income shall not include— the value of any on-premises athletic facility provided by an employer to its employees, and so much of the fees, dues, or membership expenses paid by an employer to an athletic or fitness facility described in subparagraph

(C)on behalf of its employees as does not exceed $900 per employee per year. . Paragraph

(4)of section 132(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: For purposes of subparagraph (A)(ii), an athletic or fitness facility described in this subparagraph is a facility— which provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or is the site of such a program of a State or local government, which is not a private club owned and operated by its members, which does not offer golf, hunting, sailing, or riding facilities, whose health or fitness facility is not incidental to its overall function and purpose, and which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws. . Section 132(j)(1) of the Internal Revenue Code of 1986 is amended— by striking Paragraphs

(1)and

(2)of subsection

(a)and inserting Subsections (a)(1), (a)(2), and (j)(4) , and by striking the heading thereof through and inserting apply . Certain exclusions apply Paragraph

(3)of section 274(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: The preceding sentence shall not apply to so much of the fees, dues, or membership expenses paid to athletic or fitness facilities (within the meaning of section 132(j)(4)(C)) as does not exceed $900 per employee per year. . The last sentence of section 274(e)(4) of such Code is amended by inserting the first sentence of before subsection (a)(3) . The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.