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Malfunctioning Transit Passes: Timing Is Everything
Seyfarth Link to more items from this source
[Guidance Overview]
Jan. 8, 2020

"[Chief Counsel Memorandum 201949019] clarifies that once an employer has distributed a functioning transit pass or card to employees, the benefit is considered provided ... If a card later malfunctions, even if the malfunction is not caused by the employer or employee ... the card is still treated as readily available to employees.... As a result, any cash reimbursement issued by the employer as a result of such malfunction is a taxable benefit."

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