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The Alternative Minimum Tax -- Not Just for the Wealthy

When first proposed, the Alternative Minimum Tax (AMT) was designed as a tax for "the wealthy." Yet today, more and more people find themselves liable for the tax due to growing incomes and targeted applicability. This article examines the AMT and identifies ways to potentially minimize or avoid it.

Before You Start

  • Review last year's tax return and your adjusted gross income.
  • Scan records of the past year's investment transactions to confirm whether you exercised any incentive stock options or realized significant capital gains on the sale of investments.
  • Consider your ability to wait until next year to sell assets that have experienced sizeable capital gains.
1

The Alternative Minimum Tax

When first introduced in 1969, the Alternative Minimum Tax (AMT) was widely acknowledged to be a "rich man's tax" -- a fallback tax for those wily taxpayers with big incomes and numerous deductibles. But because the AMT has been adjusted for inflation only twice in 30 years, it is now encroaching upon the middle class.

The mechanics of the AMT are complex. But a general understanding of how the tax works can help you avoid it and even use it to your advantage.
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2

The Other Federal Tax

The AMT truly functions as an "alternative" tax system. It has its own set of rates and rules for deductions, which are more restrictive than the regular rules. It operates in parallel with the regular income tax system in that if you're already paying at least as much under the "regular" income tax as you would under AMT, you don't have to pay it. But if your regular tax falls below this minimum, you have to make up the difference by paying the alternative minimum tax.

AMT can be triggered by a number of different variables. Although those with higher incomes are more susceptible to the tax, many other factors such as the amount of your exemptions or deductions can also prompt the tax. Even commonplace items such as a deduction for state income tax or interest on a second mortgage can set off the AMT. To find out if you are subject to the AMT, fill out the worksheets provided with the instructions to Form 1040 or complete Form 6251, Alternative Minimum Tax -- Individuals.

AMT rates start at 26%, rising to 28% at higher income levels. This compares with regular federal tax rates, which start at 10% and step up to 35%. Although the AMT rates may appear to cap out at a lower rate than regular taxes, the AMT calculation allows significantly fewer deductions, making for a potentially bigger bottom-line tax bite. Unlike regular taxes, you cannot claim exemptions for yourself or other dependents, nor may you claim the standard deduction. You also cannot deduct state and local tax, property tax, and a number of other itemized deductions, including your home-equity loan interest, if the loan proceeds are not used for home improvements. Accordingly, the more exemptions and deductions you normally claim, the more likely it is that you'll have an AMT liability.

On the positive side, AMT does allow you to apply a special AMT exemption -- $62,550 for joint filers and $42,500 for singles in 2006 -- designed to prevent the AMT from applying to taxpayers with modest incomes. This exemption is reduced by 25 cents for each dollar of AMT taxable income above $112,500 for singles ($150,000 for couples). There's also an "AMT credit" that allows you to claim a credit on your tax return in future years for some of the extra taxes you paid under the AMT. However, you can only use the AMT credit in a year when you're not paying the AMT. To apply for the credit, you'll need to fill in yet another form, Form 8801, to see if you are eligible.

AMT Red Flags
Certain circumstances and tax items are likely to trigger the AMT:

  • If your gross income is above $100,000.
  • If you have large numbers of personal exemptions.
  • If you have significant itemized deductions for state and local taxes, home equity loan interest, deductible medical expenses, or other miscellaneous deductions.
  • If you exercised incentive stock options (ISOs) during the year.
  • If you had a large capital gain.
  • If you own a business, rental properties, partnership interests, or S corporation stock.
If any of the above apply to you, you should complete the AMT worksheet when preparing your taxes. If you don't, rest assured that the IRS will. And if they find that you owe AMT, they'll add penalties and interest. Worse yet, not paying your AMT liability may trigger an IRS audit.
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3

Avoiding the AMT

Because large one-time gains and big deductions that trigger the AMT are sometimes controllable, you may be able to avoid or minimize the impact of the AMT by planning ahead. Here are some practical suggestions.

Time your capital gains. You may be able to delay an asset sale until after the end of the year, or spread a gain over a number of years by using an installment sale. If you're looking to liquidate an investment with a long-term gain, you should review your AMT consequences and determine what impact such a sale might have.

Time your deductible expenses. When possible, time payments of state and local taxes, home-equity loan interest (if the loan proceeds are not used for home improvements), and other miscellaneous itemized deductions to fall in years when you won't face the AMT. Since they are not AMT deductible, they will go unused in a year when you pay the AMT. The same holds true for medical deductions, which face stricter deduction rules for the AMT.

Look before you exercise. Exercising ISOs is a red flag for triggering the AMT. The AMT on ISO proceeds can be significant. Because ISO tax issues are complex, you should consult with your tax advisor before exercising ISOs.

AMT Red Flags: Incentive Stock Options
When you exercise an incentive stock option, you must report an adjustment for AMT purposes. The adjustment equals the difference between the exercise price and the fair market price.

EXAMPLE: You exercise an incentive stock option to purchase 1000 shares of your company's stock at $20 per share when the stock is trading at $50 per share. For AMT purposes, you must report an adjustment of $30,000 ([$50-$20] x 1000).
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Summary

  • The AMT has its own set of rates and rules for deductions, which are generally more restrictive than regular federal tax rules.
  • The AMT generally kicks in at higher income levels, but a variety of different variables can trigger the tax including large numbers of personal exemptions, sizable itemized deductions, big capital gains, and proceeds from exercising ISOs.
  • The AMT calculation allows significantly fewer deductions than regular tax calculations, making for a potentially bigger bottom-line tax bite.
  • By planning ahead and timing your capital gains, deductible expenses, and exercising of ISOs, you may be able to avoid or minimize the impact of AMT.

Checklist

  • Go to www.irs.gov and download a copy of Form 6251, "Alternative Minimum Tax -- Individuals."
  • Complete different "draft" versions of your tax return to figure out if reducing the number of exemptions and deductions you claim could help avoid triggering the Alternative Minimum Tax.
  • Consult a tax advisor before enacting any new strategies inspired by tax law changes.

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58 Comments

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  • Yatin - Thursday, February 14, 2008, 2:26PM ET  Report Abuse

    • Overall: 5/5

    Very good introduction to AMT and it's pitfalls (what, no advantages, anyone? :). I, for one, was not aware of the details, so this is a good starting point to explore further. Thanks.

  • Yahoo! Finance User - Thursday, February 14, 2008, 9:59AM ET  Report Abuse

    • Overall: 2/5

    A very basic article that doesn't go into much more detail than you'd see in USA Today or something. One particular item not covered is business expenses. My company only covers limited expenses and expects the sales force to pick up the rest. So even though my expenses are totally legitimate and required of me to do my job I get hit with the AMT and told "too bad!" I end up paying the equivalent of a higher tax rate than even the federal maximum of 35%. Than we made the mistake of buying a rental property a while back, which makes AMT even worse. Our accountant neglected to consider AMT when we reviewed the tax implications of that one. Be careful! AMT will get you when you least expect it!

  • Yahoo! Finance User - Thursday, February 7, 2008, 8:02PM ET  Report Abuse

    • Overall: 1/5

    Fair tax is really UNFAIR tax. I've paid income taxes whole life and now you want me to pay very HIGH sales tax after retirement!!!! Only tax we should have is a small import tax, as it used to be in US before year 1925. Also, article is incorrect in its advice. AMT is way more complicated than this. AMT should be deleted. You can be losing money and still have to pay AMT.

  • Yahoo! Finance User - Thursday, February 7, 2008, 4:46PM ET  Report Abuse

    • Overall: 2/5

    FAIR TAX!! The idiot politicians in Washington, who oppose it, are fed misconceptions and lobbyist checks on a daily basis. Read the FairTax Book and do your research. It makes much more sense than our current process and is way more simplistic.

  • Yahoo! Finance User - Thursday, February 7, 2008, 12:46AM ET  Report Abuse

    • Overall: 5/5

    I fall into the AMT zone each year and find it frustrating. I don't have a problem paying my share, and I do believe in a tiered tax system (Hard to tax someone heavily when all their income goes to the basic needs). But, the AMT is a crappy system. I don't use any "loopholes", no business deductions, just property, state, etc deductions, and whammo, I get screwed. There must be a better way!

  • Yahoo! Finance User - Thursday, February 7, 2008, 12:28AM ET  Report Abuse

    • Overall: 3/5

    To the poster who thinks the government should be paid based on its performance and usage by the American people, Wow, you are what is wrong with this country. Your sense of entitlement is amazing. There is a reason the higher incomes pay higher tax. It's not based on usage of the government. To put your words back in your mouth, quite complaining and go get yourself elected and change it! You posted one of the dumbest comments I've seen.

  • Yahoo! Finance User - Wednesday, February 6, 2008, 2:44PM ET  Report Abuse

    • Overall: 4/5

    I was doing my taxes recently on TurboTax. The monitor said that I was due a $1300 refund, but the "unofficial" printed copy said that I owed $400. There was a note as to why......THE AMT! That's a $1700 difference all due to the AMT!!! TurboTax didn't have the official form that Congress passed (late Dec, I think), but said that it would be available in the update that I have on order. I went to the Irs.gov website and copied the official form, and sure enough, when I use the new numbers, I do not owe the AMT.

  • apeakay - Tuesday, February 5, 2008, 1:44PM ET  Report Abuse

    • Overall: 3/5

    Since I didn't know anything about the AMT, other than the fact that it exists, at least now I have a smattering of an idea of what I may have to deal with some day.

  • captcrabcake - Tuesday, February 5, 2008, 2:12AM ET  Report Abuse

    • Overall: 3/5

    Couldn't have said it better myself. It is serious BS. It makes me sick thinking about it. All the work, risk and sacrifice and what do you get. All I can hope for is that my money goes to education. Preferably a financial education so that people won't blame everyone but themselves for their home being foreclosed on.

  • Yahoo! Finance User - Sunday, January 27, 2008, 6:07PM ET  Report Abuse

    • Overall: 3/5

    The government should be paid based on its performance ans usage by the American people. So my neighbor makes $60K and pays about $18K in taxes and I make $275K and pay substantially more yet do not use our givenrment any more than they do. As a matter of fact I created 97 additional tax payers by operating a business AND pay a tremendous amount more for property tax because I purchased my home long after my neighbor did. The wealthy pay FAR too much tax and those who are wealthy that find loop holes are typically those who created many more jobs/tax payers for the government. Although those types of wealthy folks are VERY few, they are the sole focus of those who continue to argue the rich get richer by not paying tax. Well, let me tell you this - Including my propoerty tax and SDI, I will have paid just under $100K to our government and I am pretty typical for those in my income range. I dont take any government welfare/support, I pay my taxes (way too much), I buy more big ticket items and pay my sales tax and so on. Yet I hear I dont pay enough from those who dont make as much as I do. Thats is such BS. Not only do I pay more in the dollar figure by probably 5 times the average person, I pay a higher percentage as well. Now this AMT is hitting the middle class too. Of course the government will not be quick to fix that issue, but certainly will beef up their resources to enforce the AMT for those who find a way to pay less. They just choose to turn a blind eye and continue to get paid off by our health care industry and live high on the hog. So I will pay my AMT and the government will continue to not correct any issue. Shoot, I dont even get the $800 check recently approved for many tax payers. The rich get richer...right??? The answer is maybe, but not becasue of tax loop holes. The rich get richeer becasue they do well each and every year. If you are upset that your CEO of the compnay you work for makes too much money, then open your own business, take the chance and see if you can supply families with jobs and security successfully. Those that make a lot of money take risks and you only hear about the successes. They stand to make the most oney (deserve it by the way) but also stand to take the biggest hit if not successful.

  • Sandee D - Monday, January 21, 2008, 5:29PM ET  Report Abuse

    • Overall: 4/5

    very clear

  • Yahoo! Finance User - Monday, January 21, 2008, 12:34PM ET  Report Abuse

    • Overall: 1/5

    As prior commentator noted, significant inaccuracies. The AMT has an effective 35% rate because of phase-outs and doesn't tax long term capital gains at any higher rate than the ordinary system. If you're going to write an article like this, take the time to get it right. Anything less is unacceptable

  • Yahoo! Finance User - Monday, January 21, 2008, 8:21AM ET  Report Abuse

    • Overall: 1/5

    Completely missed the boat. If you don't (or can't in our case) itemize and take the standard deduction, the AMT doesn't apply.

  • Yahoo! Finance User - Monday, January 21, 2008, 7:02AM ET  Report Abuse

    • Overall: 2/5

    Article has some important inaccuracies. 1. Capital gain does not usually affect AMT if it is long term. Both AMT and regular tax rate is 15% for LTCG (or less for very low incomes). Capital gain on sale of ISO shares held for more than a year actually reduces or eliminates your AMT and may result in a Form 8801 credit. 2. Effective AMT tax rate is more complex than 26% and 28%, due to the phase-out of the exemption. For example, for married filing jointly in 2007, rate is 26% up to 150k$, 32.5% from 150k$ to 175k$, 35% from 175k$ to 415k$ and back at 28% above 415k$. US tax code has several of these phase-out rules for regular tax and AMT. All these form rate "bubbles" where the super-rich pay at a lower rate than middle-income.

  • billinsporttt - Sunday, December 23, 2007, 8:42PM ET  Report Abuse

    • Overall: 3/5

    The article is fairly well written; I believe the Yahoo Finance people tried to "dumb" it down somewhat. When you file this season, Keep in mind that: 1) The IRS has been allocated, over the last 4 seasons, an average budget increase of 15% from year to year. This increase has been used to really ratchet up the number of examiners and to upgrading its computer systems. 2) When you file for TY '07, you had BETTER BE ABLE TO PROVE BEYOND ANY DOUBT that the credits you claim are legitimate. Claiming a CHARITABLE CONTRIBUTION DEDUCTION? You better have a receipt, cancelled check or statement from church. Your BUSINESS EXPENSE REPORTS had better MIRROR your Employee Expense deductions on Schedule A. As far as the method that benefits you as opposed to the IRS? Forget it. The method that benefits Internal Revenue WILL BE used and applied AGAINST you. And this argument will ALWAYS stand in U.S. Tax Court. As far as being concerned about your ROTH IRA? The IRS CANNOT TAX your ROTH IRA, so long as the distribution guidelines are adhered to. That money you invested in this plan is post tax income, and therefore, not taxable income when the distribution checks come your way. Pam, your info is spotty at best. I wouldn't allow you to file a 1040 EZ in my office...

  • Gregory - Wednesday, December 5, 2007, 12:25PM ET  Report Abuse

    • Overall: 2/5

    lame, ISO only kick your butt if you exercise and don't sell. Home interest kills you if you have a loan for items not related to your house (second mortgage for a car loan, boat, etc.).... go to the IRS website, they have a much better description of AMT and when or what causes you to have issues!

  • Yahoo! Finance User - Wednesday, December 5, 2007, 11:32AM ET  Report Abuse

    • Overall: 4/5

    well written review of a complex topic.

  • Pam - Wednesday, December 5, 2007, 11:25AM ET  Report Abuse

    • Overall: 5/5

    My advice: IRS is only competent enough to deal with their particular forms, so if you can argue your case differentially with two methods, go with the method that is beneficial to your situation. The IRS will never fade away; too many bureaucrats, too many staffers to phase out without a sizeable chunk of change (which we would have to pay for anyway....it's probably cheaper to keep them all). And for those planning retirement: watch out for those Roth and IRA's....where do you think the IRS is going to get their revenues from in coming decades? Not from the decreased workforce, that's for sure.

  • JohnL - Wednesday, December 5, 2007, 10:49AM ET  Report Abuse

    • Overall: 5/5

    This is the best article I've read on the AMT.

  • JohnS - Wednesday, December 5, 2007, 9:16AM ET  Report Abuse

    • Overall: 1/5

    Very vague and really says nothing at all. I know the same as I knew before I read it.

  • JSS - Wednesday, December 5, 2007, 7:31AM ET  Report Abuse

    • Overall: 4/5

    Can you do much of this at all in December? Kind of late isn't it?

  • Yahoo! Finance User - Wednesday, December 5, 2007, 5:52AM ET  Report Abuse

    • Overall: 5/5

    Excellent summary!

  • Yahoo! Finance User - Monday, December 3, 2007, 10:18PM ET  Report Abuse

    • Overall: 2/5

    Fair overall - good content but not timely. IRS claims if Charlie Rangel (D-NY) can get revisions done, it may have to push back processing 10 weeks or more and curtail refunds for taxpayers claiming tax credits such as Child Tax Credit and Child and Dependent Care Credits. Tell this to single mothers waiting on their EITC to pay the rent or heat bill this winter. Rangel - a lib congressman and regular sellout to the Clintonistas has again failed to think this thing through and now his own constituents will suffer! This AMT piece fails to scratch the surface on potential impact and the life it has taken on - PLEASE bring this up to date!

  • Chasrome - Thursday, August 30, 2007, 9:12PM ET  Report Abuse

    • Overall: 3/5

    Good info for 2006 but will be dramatically different for 2007 when the AMT exemption reverts to only $45,000. With Congress deadlocked (a predictable event, folks), an awfull lot of folks are going to find themselves owing in teh range of $2k or more plus under-estimating penalties. Better do an estimate now (Sept, '07) before it is too late to adjust.

  • Yahoo! Finance User - Sunday, April 8, 2007, 10:08PM ET  Report Abuse

    • Overall: 4/5

    Great guide with solid advice

  • Mark - Tuesday, March 27, 2007, 10:10PM ET  Report Abuse

    • Overall: 3/5

    The article might have told us at what income the tax goes to 28%. People say they want a flat tax, and the AMT is a flat tax. It is simpler than the regular tax system. The problem is that people still talk about tax rates as though the AMT doesn't exist, even though it applies to lots of people. The AMT is only hard to understand because it is all expressed as adjustments to the regular tax calculation. It would be much easier to understand if it was imply presented as a second, parallel tax calculation, with the taxpayer paying the larger of the two results. This is what the AMT really is, but that's not how it is presented on the forms.

  • B - Wednesday, March 21, 2007, 4:23PM ET  Report Abuse

    • Overall: 3/5

    Folks, we need the Fair Tax Bill introduced and approved. Read up on it, it will pretty much abolish the IRS and all the forms.

  • Yahoo! Finance User - Wednesday, March 21, 2007, 3:15PM ET  Report Abuse

    • Overall: 2/5

    A simple consumption/value-added tax is the way to go (no special provisions and no tracking income). I think it's complete BS that people go to jail over tax issues and the people should stand up and not accept it! They can take their income tax code and dump it in the Boston harbor next to the tea!

  • Tim - Wednesday, March 21, 2007, 12:28PM ET  Report Abuse

    • Overall: 3/5

    The author left off one very important AMT red flag. If you have a lot of kids (exemptions) with a moderately high income. Someone making $80-90K with 4 kids will almost assuredly be hit by the AMT because of the $1000/kid tax credit. The tax credits lower the tax bill to below the AMT...which means you pay the AMT instead.

  • Yahoo! Finance User - Wednesday, March 21, 2007, 9:51AM ET  Report Abuse

    • Overall: 3/5

    I think the author did a good job explaining AMT. I agree with some of the comments about simplying the tax system. The idea of the pay as you go consumption tax is great!

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