26 U.S.C. § 55: Alternative minimum tax imposed

the tentative minimum tax for the taxable year, over the regular tax for the taxable year plus, in the case of an applicable corporation, the tax imposed by section 59A. 26 percent of so much of the taxable excess as does not exceed $175,000, plus 28 percent of so much of the taxable excess as exceeds $175,000. For purposes of this subsection, the term “taxable excess” means so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount. In the case of a married individual filing a separate return, subparagraph (A) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under clause (i) and clause (ii) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. determined with the adjustments provided in section 56 and section 58, and increased by the amount of the items of tax preference described in section 57. 15 percent of the adjusted financial statement income for the taxable year (as determined under section 56A), over the corporate AMT foreign tax credit for the taxable year. In the case of any corporation which is not an applicable corporation, the tentative minimum tax for the taxable year shall be zero. the net capital gain; or the adjusted net capital gain, plus the unrecaptured section 1250 gain, plus 0 percent of so much of the adjusted net capital gain (or, if less, taxable excess) as does not exceed an amount equal to the excess described in section 1(h)(1)(B), plus so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B), or the excess described in section 1(h)(1)(C)(ii), plus 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C), plus 25 percent of the amount of taxable excess in excess of the sum of the amounts on which tax is determined under the preceding subparagraphs of this paragraph. For purposes of this section, the term “regular tax” means the regular tax liability for the taxable year (as defined in section 26(b)) reduced by the foreign tax credit allowable under section 27(a). 1 Such term shall not include any increase in tax under section 45(e)(11)(C), 49(b) or 50(a) or subsection (j) or (k) of section 42. 1 See References in Text note below. Solely for purposes of this section, section 1301 (relating to averaging of farm and fishing income) shall not apply in computing the regular tax liability. For provisions providing that certain credits are not allowable against the tax imposed by this section, see sections 30C(d)(2) and 38(c). a joint return, or a surviving spouse, is not a married individual, and is not a surviving spouse, 50 percent of the dollar amount applicable under subparagraph (A) in the case of a married individual who files a separate return, and $22,500 in the case of an estate or trust. $150,000 in the case of a taxpayer described in paragraph (1)(A), $112,500 in the case of a taxpayer described in paragraph (1)(B), and 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in subparagraph (C) or (D) of paragraph (1). such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2011” for “calendar year 2016” in subparagraph (A)(ii) thereof. each of the dollar amounts contained in subsection (b)(1)(A), each of the dollar amounts contained in subparagraphs (A), (B), and (D) of paragraph (1), and each of the dollar amounts in subparagraphs (A) and (B) of paragraph (2). Any increased amount determined under subparagraph (A) shall be rounded to the nearest multiple of $100. by substituting “$109,400” for “$78,750” in subparagraph (A), and by substituting “$70,300” for “$50,600” in subparagraph (B), by substituting “$1,000,000” for “$150,000” in subparagraph (A), by substituting “50 percent of the dollar amount applicable under subparagraph (A)” for “$112,500” in subparagraph (B), in the case of a taxpayer described in paragraph (1)(D), without regard to the substitution under subclause (I), and by substituting “50 percent” for “25 percent”, and subsection (j) of section 59 shall not apply. such dollar amount, multiplied by “calendar year 2017”, in the case of the $109,400 amount in subparagraph (A)(i)(I) and the $70,300 amount in subparagraph (A)(i)(II), and “calendar year 2025”, in the case of the $1,000,000 amount in subparagraph (A)(ii)(I). The amounts described in this clause are the $109,400 amount in subparagraph (A)(i)(I), the $70,300 amount in subparagraph (A)(i)(II), and the $1,000,000 amount in subparagraph (A)(ii)(I). Any increased amount determined under clause (i) shall be rounded to the nearest multiple of $100. In the case of any taxable year to which subparagraph (A) applies, no adjustment shall be made under paragraph (3) to any of the numbers which are substituted under subparagraph (A) and adjusted under this subparagraph. Except as provided in paragraph (2), the amendments made by this section [enacting section 30A of this title and amending this section and sections 56, 59, and 936 of this title] shall apply to taxable years beginning after December 31, 1995 . The amendments made by this section shall not apply to qualified possession source investment income received or accrued before July 1, 1996 , without regard to the taxable year in which received or accrued. In determining the amount of any installment due under section 6655 of the Internal Revenue Code of 1986 after the date of the enactment of this Act [ Aug. 20, 1996 ] and before October 1, 1996 , only ½ of any increase in tax (for the taxable year for which such installment is made) by reason of the amendments made by subsections (a) and (b) [enacting section 30A of this title and amending this section and sections 56, 59, and 936 of this title] shall be taken into account. Any reduction in such installment by reason of the preceding sentence shall be recaptured by increasing the next required installment for such year by the amount of such reduction.” Except as otherwise provided in this subsection, the amendments made by this section [enacting this section and sections 53 and 56 to 59 of this title and amending sections 5, 12, 26, 28, 29, 38, 48, 173, 174, 263, 381, 443, 703, 882, 897, 904, 936, 1016, 1363, 1366, 1561, 6154, 6425, and 6655 of this title] shall apply to taxable years beginning after December 31, 1986 . In the case of a net operating loss of an individual for a taxable year beginning after December 31, 1982 , and before January 1, 1987 , for purposes of determining the amount of such loss which may be carried to a taxable year beginning after December 31, 1986 , for purposes of the minimum tax, such loss shall be adjusted in the manner provided in section 55(d)(2) of the Internal Revenue Code of 1954 [now 1986] as in effect on the day before the date of the enactment of this Act [ Oct. 22, 1986 ]. If the minimum tax of a corporation was deferred under section 56(b) of the Internal Revenue Code of 1954 [now 1986] (as in effect on the day before the date of the enactment of this Act [ Oct. 22, 1986 ]) for any taxable year beginning before January 1, 1987 , and the amount of such tax has not been paid for any taxable year beginning before January 1, 1987 , the amount of the net operating loss carryovers of such corporation which may be carried to taxable years beginning after December 31, 1986 , for purposes of the minimum tax shall be reduced by the amount of tax preferences a tax on which was so deferred. Section 56(a)(6) of the Internal Revenue Code of 1986 (as amended by this section) shall not apply to any disposition to which the amendments made by section 811 of this Act [enacting section 453C of this title ] (relating to allocation of dealer’s indebtedness to installment obligations) do not apply by reason of section 811(c)(2) of this Act [enacting provisions set out as a note under section 453C of this title ]. Section 57(a)(6) of the Internal Revenue Code of 1986 (as amended by this section) shall not apply to any deduction attributable to contributions made before August 16, 1986 . 50 percent of the excess of taxable income for the 5-taxable year period ending with the taxable year preceding the 1st taxable year to which such section applies over the adjusted net book income for such period, over the aggregate amounts taken into account under this paragraph for preceding taxable years. This paragraph applies to a taxpayer which was incorporated in Delaware on May 31, 1912 . Any term used in this paragraph which is used in section 56 of such Code (as so added) shall have the same meaning as when used in such section. In the case of investment tax credits described in subparagraph (B) or (C), subsection 38(c)(3)(A)(ii) of the Internal Revenue Code of 1986 shall be applied by substituting ‘25 percent’ for ‘75 percent’, and section 38(c)(3)(B) of the Internal Revenue Code of 1986 shall be applied by substituting ‘75 percent’ for ‘25 percent’. If, on September 25, 1985 , a regulated electric utility owned an undivided interest, within the range of 1,111 and 1,149, in the ‘maximum dependable capacity, net, megawatts electric’ of an electric generating unit located in Illinois or Mississippi for which a binding written contract was in effect on December 31, 1980 , then any investment tax credit with respect to such unit shall be described in this subparagraph. The aggregate amount of investment tax credits with respect to the unit in Mississippi allowed solely by reason of being described in this subparagraph shall not exceed $141,000,000. If, on September 25, 1985 , a regulated electric utility owned an undivided interest, within the range of 1,104 and 1,111, in the ‘maximum dependable capacity, net, megawatts electric’ of an electric generating unit located in Louisiana for which a binding written contract was in effect on December 31, 1980 , then any investment tax credit of such electric utility shall be described in this subparagraph. The aggregate amount of investment tax credits allowed solely by reason of being described by this subparagraph shall not exceed $20,000,000. For purposes of part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986, in the case of a qualified taxpayer, alternative minimum taxable income for the taxable year shall be reduced by an amount equal to the agreement vessel depreciation adjustment. For purposes of this paragraph, the agreement vessel depreciation adjustment shall be an amount equal to the depreciation deduction that would have been allowable for such year under section 167 of such Code with respect to agreement vessels placed in service before January 1, 1987 , if the basis of such vessels had not been reduced under section 607 of the Merchant Marine Act of 1936 [see 46 U.S.C. 53510 ], as amended, and if depreciation with respect to such vessel had been computed using the 25-year straight-line method. The aggregate amount by which basis of a qualified taxpayer is treated as not reduced by reason of this subparagraph shall not exceed $100,000,000. For purposes of this paragraph, the term ‘qualified taxpayer’ means a parent corporation incorporated in the State of Delaware on December 1, 1972 , and engaged in water transportation, and includes any other corporation which is a member of the affiliated group of which the parent corporation is the common parent. No taxpayer shall be treated as a qualified corporation for any taxable year beginning after December 31, 1991 .”