Comprehensive Volume C15-1 Chapter 15 Alternative Minimum Tax Copyright ©2010 Cengage Learning...
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Transcript of Comprehensive Volume C15-1 Chapter 15 Alternative Minimum Tax Copyright ©2010 Cengage Learning...
C15-C15-11Comprehensive VolumeComprehensive Volume
Chapter 15Chapter 15
Alternative Minimum TaxAlternative Minimum Tax
Copyright ©2010 Cengage Learning
Comprehensive Volume
C15-C15-22Comprehensive VolumeComprehensive Volume
Alternative Minimum Tax (AMT)
Alternative Minimum Tax (AMT)
• AMT is separate from, but parallel to, the regular income tax system
• The AMT computation reconciles taxable income, through adjustments and preferences, with Alternative Minimum Taxable Income (AMTI)
• AMT is separate from, but parallel to, the regular income tax system
• The AMT computation reconciles taxable income, through adjustments and preferences, with Alternative Minimum Taxable Income (AMTI)
C15-C15-33Comprehensive VolumeComprehensive Volume
Computation of AMTComputation of AMT
• AMT formula:Taxable income± Adjustments+ PreferencesAMTI– ExemptionAMT base× AMT rate(s)Tentative minimum tax– Foreign tax credit
– Regular tax Equals AMT
• AMT formula:Taxable income± Adjustments+ PreferencesAMTI– ExemptionAMT base× AMT rate(s)Tentative minimum tax– Foreign tax credit
– Regular tax Equals AMT
C15-C15-44Comprehensive VolumeComprehensive Volume
AMT Adjustments And Preferences (slide 1 of 3)
AMT Adjustments And Preferences (slide 1 of 3)
• Most AMT adjustments relate to timing differences – Timing differences eventually reverse
• Positive adjustments will be offset by negative adjustments in the future, and vice versa
– Example - circulation expenditures • For regular income tax purposes, circulation expenditures can be
deducted in the year incurred• For AMT purposes, however, circulation expenditures must be
deducted over a three-year period
• Certain AMT adjustments do not relate to timing differences – These adjustments result in a permanent difference between
taxable income and AMTI• e.g., Itemized deductions
• Most AMT adjustments relate to timing differences – Timing differences eventually reverse
• Positive adjustments will be offset by negative adjustments in the future, and vice versa
– Example - circulation expenditures • For regular income tax purposes, circulation expenditures can be
deducted in the year incurred• For AMT purposes, however, circulation expenditures must be
deducted over a three-year period
• Certain AMT adjustments do not relate to timing differences – These adjustments result in a permanent difference between
taxable income and AMTI• e.g., Itemized deductions
C15-C15-55Comprehensive VolumeComprehensive Volume
AMT Adjustments And Preferences (slide 2 of 3)
AMT Adjustments And Preferences (slide 2 of 3)
• AMT Preferences– Designed to take back all or part of the tax
benefits obtained by certain items in the computation of taxable income for regular income tax purposes
• Taxable income is increased by tax preference items effectively disallowing those tax benefits for AMT purposes
• AMT Preferences– Designed to take back all or part of the tax
benefits obtained by certain items in the computation of taxable income for regular income tax purposes
• Taxable income is increased by tax preference items effectively disallowing those tax benefits for AMT purposes
C15-C15-66Comprehensive VolumeComprehensive Volume
AMT Adjustments And Preferences (slide 3 of 3)
AMT Adjustments And Preferences (slide 3 of 3)
• Tax preferences include:– Percentage depletion in excess of basis– Excess intangible drilling costs– Interest on certain private activity bonds– Excess of accelerated over straight-line depreciation on
real & leased personal property placed in service before 1987
– Excess of amortization allowance over depreciation on pre-1987 certified pollution control facilities
– 7% of the exclusion from gross income of gains on the sale of certain small business stock
• Tax preferences include:– Percentage depletion in excess of basis– Excess intangible drilling costs– Interest on certain private activity bonds– Excess of accelerated over straight-line depreciation on
real & leased personal property placed in service before 1987
– Excess of amortization allowance over depreciation on pre-1987 certified pollution control facilities
– 7% of the exclusion from gross income of gains on the sale of certain small business stock
C15-C15-77Comprehensive VolumeComprehensive Volume
Other Components of AMT(slide 1 of 3)
Other Components of AMT(slide 1 of 3)
• Exemption amount– The exemption reduces AMTI to arrive at the
base on which AMT is computed– The initial exemption amount is:
• $46,700 for single
• $70,950 for married, filing jointly
• $35,475 for married, filing separately
• Exemption amount– The exemption reduces AMTI to arrive at the
base on which AMT is computed– The initial exemption amount is:
• $46,700 for single
• $70,950 for married, filing jointly
• $35,475 for married, filing separately
C15-C15-88Comprehensive VolumeComprehensive Volume
Other Components of AMT(slide 2 of 3)
Other Components of AMT(slide 2 of 3)
• Exemption amount– Exemption amount is reduced by 25% of AMTI
in excess of• $112,500 for single
• $150,000 for married, filing jointly
• $75,000 for married, filing separately
• Exemption amount– Exemption amount is reduced by 25% of AMTI
in excess of• $112,500 for single
• $150,000 for married, filing jointly
• $75,000 for married, filing separately
C15-C15-99Comprehensive VolumeComprehensive Volume
Other Components of AMT(slide 3 of 3)
Other Components of AMT(slide 3 of 3)
• AMT rates– A progressive rate structure is applied to the tax
base (AMTI less exemption amount)• 26% on first $175,000 ($87,500 for married, filing
separately) of tax base• 28% on remaining amount of tax base
– Net capital gain and qualified dividend income included in AMT base are taxed at favorable alternative tax rates (15% or 0%)
• AMT rates– A progressive rate structure is applied to the tax
base (AMTI less exemption amount)• 26% on first $175,000 ($87,500 for married, filing
separately) of tax base• 28% on remaining amount of tax base
– Net capital gain and qualified dividend income included in AMT base are taxed at favorable alternative tax rates (15% or 0%)
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Personal Tax Credits Personal Tax Credits
• For tax years 2000–2009– All nonrefundable personal credits can offset
both the regular income tax (less foreign tax credit) and the AMT
• For tax years 2000–2009– All nonrefundable personal credits can offset
both the regular income tax (less foreign tax credit) and the AMT
C15-C15-1111Comprehensive VolumeComprehensive Volume
Adjustments (slide 1 of 15)
Adjustments (slide 1 of 15)
• Since adjustments tend to arise from timing differences between regular tax and AMT– Adjustments can be positive or negative, and
will generally reverse in later years
• Since adjustments tend to arise from timing differences between regular tax and AMT– Adjustments can be positive or negative, and
will generally reverse in later years
C15-C15-1212Comprehensive VolumeComprehensive Volume
Adjustments (slide 2 of 15)
Adjustments (slide 2 of 15)
• Circulation expenditures– Amortized over 3 years for AMT
• Expensed in year incurred for regular tax
• Circulation expenditures– Amortized over 3 years for AMT
• Expensed in year incurred for regular tax
C15-C15-1313Comprehensive VolumeComprehensive Volume
Adjustments (slide 3 of 15)
Adjustments (slide 3 of 15)
• The AMT depreciation adjustment for real property applies only to real property placed in service before January 1, 1999
• For real property placed in service after December 31, 1998, MACRS recovery periods apply for AMT– Thus, the AMT adjustment is effectively eliminated
• The AMT depreciation adjustment for real property applies only to real property placed in service before January 1, 1999
• For real property placed in service after December 31, 1998, MACRS recovery periods apply for AMT– Thus, the AMT adjustment is effectively eliminated
C15-C15-1414Comprehensive VolumeComprehensive Volume
Adjustments (slide 4 of 15)
Adjustments (slide 4 of 15)
• For real property placed in service after 1986 (MACRS property) and before January 1, 1999– AMT depreciation is computed under the alternative
depreciation system (ADS)• Uses the straight-line method over a 40-year life
– Regular tax MACRS lives are 27.5, 31.5, and 39 years
• For real property placed in service after 1986 (MACRS property) and before January 1, 1999– AMT depreciation is computed under the alternative
depreciation system (ADS)• Uses the straight-line method over a 40-year life
– Regular tax MACRS lives are 27.5, 31.5, and 39 years
C15-C15-1515Comprehensive VolumeComprehensive Volume
Adjustments (slide 5 of 15)
Adjustments (slide 5 of 15)
• Depreciation of post-1986 personal property– AMT method is 150% DB over ADS life
– Regular tax is generally MACRS method based on 200% DB over shorter lives
• Effective for personalty placed in service after 12/31/98, MACRS recovery periods are to be used for AMT– If 150% DB is elected for this property, there is no
AMT adjustment
• Depreciation of post-1986 personal property– AMT method is 150% DB over ADS life
– Regular tax is generally MACRS method based on 200% DB over shorter lives
• Effective for personalty placed in service after 12/31/98, MACRS recovery periods are to be used for AMT– If 150% DB is elected for this property, there is no
AMT adjustment
C15-C15-1616Comprehensive VolumeComprehensive Volume
Adjustments (slide 6 of 15)
Adjustments (slide 6 of 15)
• Pollution control facilities– Depreciate under the ADS over appropriate
class life for AMT• Amortize over 60 months for regular tax purposes
– Effective for pollution control facilities placed in service after 12/31/98, MACRS recovery periods are to be used for AMT
• Pollution control facilities– Depreciate under the ADS over appropriate
class life for AMT• Amortize over 60 months for regular tax purposes
– Effective for pollution control facilities placed in service after 12/31/98, MACRS recovery periods are to be used for AMT
C15-C15-1717Comprehensive VolumeComprehensive Volume
Adjustments (slide 7 of 15)
Adjustments (slide 7 of 15)
• Mining exploration/development costs and research/experimental expenditures– Amortized over 10 years for AMT
• Expensed in year incurred for regular tax purposes
– Taxpayer may elect to capitalize and amortize over 10 years for regular tax purposes and thus avoid the AMT adjustment
• Mining exploration/development costs and research/experimental expenditures– Amortized over 10 years for AMT
• Expensed in year incurred for regular tax purposes
– Taxpayer may elect to capitalize and amortize over 10 years for regular tax purposes and thus avoid the AMT adjustment
C15-C15-1818Comprehensive VolumeComprehensive Volume
Adjustments (slide 8 of 15)
Adjustments (slide 8 of 15)
• Completed contract method– AMT requires the use of percentage of
completion method for long-term contracts rather than completed contract method
• Completed contract method– AMT requires the use of percentage of
completion method for long-term contracts rather than completed contract method
C15-C15-1919Comprehensive VolumeComprehensive Volume
Adjustments (slide 9 of 15)
Adjustments (slide 9 of 15)
• Incentive stock options (ISOs)– The exercise of an ISO can cause income for
AMT purposes that is not currently taxable for regular tax purposes
• Excess of FMV over exercise price is adjustment in year stock is freely transferable or not subject to substantial risk of forfeiture
• Incentive stock options (ISOs)– The exercise of an ISO can cause income for
AMT purposes that is not currently taxable for regular tax purposes
• Excess of FMV over exercise price is adjustment in year stock is freely transferable or not subject to substantial risk of forfeiture
C15-C15-2020Comprehensive VolumeComprehensive Volume
Adjustments (slide 10 of 15)
Adjustments (slide 10 of 15)
• Adjusted gain or loss– Since the adjusted basis of an asset can be
different for regular tax and AMT, gain or loss recognized upon the disposition of an asset may vary for the two tax systems
– Difference between regular tax gain (loss) and AMT gain (loss) is adjustment
• Adjusted gain or loss– Since the adjusted basis of an asset can be
different for regular tax and AMT, gain or loss recognized upon the disposition of an asset may vary for the two tax systems
– Difference between regular tax gain (loss) and AMT gain (loss) is adjustment
C15-C15-2121Comprehensive VolumeComprehensive Volume
Adjustments (slide 11 of 15)
Adjustments (slide 11 of 15)
• Passive activity losses– Passive losses must be recomputed for AMT
using AMT provisions
• Passive activity losses– Passive losses must be recomputed for AMT
using AMT provisions
C15-C15-2222Comprehensive VolumeComprehensive Volume
Adjustments (slide 12 of 15)
Adjustments (slide 12 of 15)
• Net operating loss (NOL)– NOL must be recomputed for AMT using AMT
provisions
• Net operating loss (NOL)– NOL must be recomputed for AMT using AMT
provisions
C15-C15-2323Comprehensive VolumeComprehensive Volume
Adjustments (slide 13 of 15)
Adjustments (slide 13 of 15)
• Itemized deductions allowed for AMT purposes include:
• Casualty losses• Gambling losses• Charitable contributions• Medical expenses in excess of 10% of AGI• Estate tax attributable to IRD• Qualified interest
– May differ from regular tax allowed qualified residence and investment interest
• Itemized deductions allowed for AMT purposes include:
• Casualty losses• Gambling losses• Charitable contributions• Medical expenses in excess of 10% of AGI• Estate tax attributable to IRD• Qualified interest
– May differ from regular tax allowed qualified residence and investment interest
C15-C15-2424Comprehensive VolumeComprehensive Volume
Adjustments (slide 14 of 15)
Adjustments (slide 14 of 15)
• Itemized deductions not allowed for AMT:– Taxes and miscellaneous itemized deductions
subject to the 2% AGI limit
• Itemized deduction cutback does not apply for AMT– Regular tax cutback amount reduces AMTI
• Itemized deductions not allowed for AMT:– Taxes and miscellaneous itemized deductions
subject to the 2% AGI limit
• Itemized deduction cutback does not apply for AMT– Regular tax cutback amount reduces AMTI
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Adjustments (slide 15 of 15)
Adjustments (slide 15 of 15)
• Other adjustments– AMT does not allow the standard deduction
and personal and dependency exemptions
• Other adjustments– AMT does not allow the standard deduction
and personal and dependency exemptions
C15-C15-2626Comprehensive VolumeComprehensive Volume
Preferences (slide 1 of 5)
Preferences (slide 1 of 5)
• Preferences tend to arise because of deductions or exclusions that provide substantial tax benefits – Unlike adjustments, preferences can only be
positive (i.e., increase AMTI)– Thus, preferences reduce the benefits initially
received when computing regular tax
• Preferences tend to arise because of deductions or exclusions that provide substantial tax benefits – Unlike adjustments, preferences can only be
positive (i.e., increase AMTI)– Thus, preferences reduce the benefits initially
received when computing regular tax
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Preferences (slide 2 of 5)
Preferences (slide 2 of 5)
• Percentage depletion– Preference is the amount of percentage
depletion taken for regular tax which is in excess of the adjusted basis of the property at the end of the year
• Percentage depletion– Preference is the amount of percentage
depletion taken for regular tax which is in excess of the adjusted basis of the property at the end of the year
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Preferences (slide 3 of 5)
Preferences (slide 3 of 5)
• Intangible drilling costs– AMT requires 10 year amortization; deductible
currently for regular tax– Preference is excess of regular tax deduction
over [AMT amortization plus (65% × net oil & gas income)]
• Intangible drilling costs– AMT requires 10 year amortization; deductible
currently for regular tax– Preference is excess of regular tax deduction
over [AMT amortization plus (65% × net oil & gas income)]
C15-C15-2929Comprehensive VolumeComprehensive Volume
Preferences (slide 4 of 5)
Preferences (slide 4 of 5)
• Interest on private activity bonds– This interest is not taxable for regular tax purposes but
is included in income for AMT purposes
– Expenses incurred in carrying these bonds are not deductible for regular tax purposes, but offset the interest income in computing the AMT preference
– Interest on private activity bonds issued after December 31, 2008 and before January 1, 2011 is not treated as a tax preference
• Interest on private activity bonds– This interest is not taxable for regular tax purposes but
is included in income for AMT purposes
– Expenses incurred in carrying these bonds are not deductible for regular tax purposes, but offset the interest income in computing the AMT preference
– Interest on private activity bonds issued after December 31, 2008 and before January 1, 2011 is not treated as a tax preference
C15-C15-3030Comprehensive VolumeComprehensive Volume
Preferences (slide 5 of 5)
Preferences (slide 5 of 5)
• 50% exclusion of gain on sale of certain small business stock is excludible from gross income for regular tax– 7% of the excluded amount is a tax preference
for AMT
• 50% exclusion of gain on sale of certain small business stock is excludible from gross income for regular tax– 7% of the excluded amount is a tax preference
for AMT
C15-C15-3131Comprehensive VolumeComprehensive Volume
AMT CreditAMT Credit
• AMT attributable to timing differences is AMT Credit– Excess of AMT over AMT computed without
timing differences
• AMT credit can be carried forward (indefinitely) to be used to offset regular income tax liability– Cannot carryback or use against AMT liability
• AMT attributable to timing differences is AMT Credit– Excess of AMT over AMT computed without
timing differences
• AMT credit can be carried forward (indefinitely) to be used to offset regular income tax liability– Cannot carryback or use against AMT liability
C15-C15-3232Comprehensive VolumeComprehensive Volume
Corporate AMT(slide 1 of 4)
Corporate AMT(slide 1 of 4)
• Major differences in AMT rules for corporations– AMT rate is a flat 20%– Exemption amount is $40,000
• Reduced by 25% of amount by which AMTI exceeds $150,000
• Major differences in AMT rules for corporations– AMT rate is a flat 20%– Exemption amount is $40,000
• Reduced by 25% of amount by which AMTI exceeds $150,000
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Corporate AMT(slide 2 of 4)
Corporate AMT(slide 2 of 4)
• Major differences in AMT rules for corporations (cont’d)– Adjusted current earnings (ACE) adjustment
• Adjustment = 75% × (ACE – AMTI before ACE)
• ACE employs some earnings and profits concepts but certain differences exist
• Adjustment can be positive or negative
• Major differences in AMT rules for corporations (cont’d)– Adjusted current earnings (ACE) adjustment
• Adjustment = 75% × (ACE – AMTI before ACE)
• ACE employs some earnings and profits concepts but certain differences exist
• Adjustment can be positive or negative
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Corporate AMT(slide 3 of 4)
Corporate AMT(slide 3 of 4)
• AMT is repealed for small corporations for tax years beginning after 12/31/97– Small corporation has average annual gross
receipts of not more than $5 million for the 3 year period beginning after December 1993
– Retains classification if average gross receipts for the 3 year period preceding the current year do not exceed $7.5 million
• AMT is repealed for small corporations for tax years beginning after 12/31/97– Small corporation has average annual gross
receipts of not more than $5 million for the 3 year period beginning after December 1993
– Retains classification if average gross receipts for the 3 year period preceding the current year do not exceed $7.5 million
C15-C15-3535Comprehensive VolumeComprehensive Volume
Corporate AMT(slide 4 of 4)
Corporate AMT(slide 4 of 4)
• A new corporation is automatically classified as a small corporation its first tax year of existence
• A new corporation is automatically classified as a small corporation its first tax year of existence
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Minimum Tax CreditMinimum Tax Credit
• All of a corporation’s AMT is available for carryover as a minimum tax credit– Does not matter whether the adjustments and
preferences originate from timing differences or AMT exclusions
• All of a corporation’s AMT is available for carryover as a minimum tax credit– Does not matter whether the adjustments and
preferences originate from timing differences or AMT exclusions
C15-C15-3737Comprehensive VolumeComprehensive Volume
If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact:
Dr. Donald R. Trippeer, CPA [email protected]
SUNY Oneonta
If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact:
Dr. Donald R. Trippeer, CPA [email protected]
SUNY Oneonta