Whether or not Congress agrees soon to rein in the AMT, a general understanding of how the tax works may help you avoid it.
The Other Income Tax
The AMT truly functions as an "alternative" federal 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.
The AMT can be triggered in a number of different ways. Although those with higher incomes are more susceptible to the tax, many other factors such as the amount of 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.
Watch for Red Flags
Certain circumstances and tax items are likely to trigger the AMT:
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If your gross income is above $75,000.
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.
AMT rates start at 26%, rising to 28% at higher income levels, compared to regular federal tax rates, which start at 10% and step up to 35%. Although the AMT rates appear to top out at a lower rate than regular federal income taxes, the AMT calculation allows significantly fewer deductions, making for a potentially larger tax bite.
Unlike regular taxes, the AMT does not allow personal or dependent exemptions or the standard deduction. Moreover, there are no deductions for state and local tax, property tax and a number of other itemized deductions. For example, home-equity loan interest is not deductible if the loan proceeds are not used for home improvements. Accordingly, the more exemptions and deductions claimed, the more likely it is that an AMT liability will apply.
On the positive side, there is a special AMT exemption - $66,250 for joint filers and $44,350 for singles in 2007 - designed to prevent the AMT from applying to those 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" in future years for some of the extra taxes paid under the AMT. However, this can only be used in a year when the AMT is not paid.
Avoiding the AMT
To avoid or minimize the impact of the AMT, consider these suggestions:
Time 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, review the AMT consequences with a tax professional to determine what impact such a sale might have.
Time deductible expenses. When possible, time payments of state and local taxes, home-equity loan interest (if you don't intend to use the loan proceeds for home improvements) and other miscellaneous itemized deductions to fall in years when you won't face the AMT. Since they are not deductible for AMT purposes, they will go unused in a year when the AMT is paid. The same holds true for medical deductions, which face stricter deduction rules for the AMT.
Look before exercising. Exercising incentive stock options is probably the biggest red flag for triggering the AMT. Because the tax issues are complex and the AMT on option proceeds can be significant, you should consult with a qualified tax professional before exercising them.
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