Alternative Minimum Tax

Alternative Minimum Tax
Created to ensure the wealthy paid at least some taxes,
the AMT is hitting some tax payers well below the belt.
It’s the IRS sucker punch: make too much money and have too many deductions, and you get ejected
from the regular tax brackets into the dimension of alternative minimum tax. The original intent of the
1969 AMT had noble roots – ensure the nation’s wealthy couldn’t shelter all their income through
deductions.

Over the ensuing years, the popular and practical definitions of “wealthy” adjusted for inflation, but the
IRS
code code didn’t. And although Congress has approved inflation-adjusted “patches” for many years, the
current exemptions stand at just $58,000 for married couples filing jointly and $40,250 for single filers.
The 2007 patch increased the levels effective to $66,250 for married couples and $44,350 for singles,
and allows nonrefundable personal credits to be used to offset income when calculating AMT.

Now, instead of a tax net for the wealthy, the AMT has become the “stealth tax,”
torpedoing upper-middle class taxpayers who don’t see it coming until they hit
line 44 of their 1040. According to the Urban-Brookings Tax Policy Center, just
20,000 taxpayers fell under the AMT in 1970. By 2006, that had grown to
4 million. The IRS estimates that number could rise to more than 35 million by
2010.

The problem with the AMT lies not in its
tax rate – 28 percent compared to the
35 percent top bracket of the regular tax system – but in the deductions it
disallows. You can still take
mortgage interest and charitable donations, but the
AMT excludes state and local income taxes and
property taxes, unreimbursed
business expenses,
child tax credits, tax preparation fees, legal fees and
home-equity loan interest.

Without those exemptions, you end up with higher taxable income. Simply living
in a state with high property taxes or having a large family can trigger the AMT,
as can a mortgage deduction.

Exercising incentive stock options may be the biggest, most unexpected
whammy. Under the AMT, the difference between the exercise price and the
market price counts as income. Before you  
exercise incentive stock options,
consult a financial professional. The number of options you exercise and the
timing can significantly impact the amount of taxes you’ll owe on the gain.

Private activity bonds, municipal bonds for public projects like airports and
stadiums, lose their tax-free status in AMT land. The offering circular for these
bonds usually carries a disclaimer saying they may be subject to the AMT.
Consult your financial professional before investing in or selling private activity
bonds.

The usual tax strategy of delaying income and maximizing deductions may
push you into the AMT zone. A financial or tax professional can help you
balance ordinary income against deductions, including state taxes and when
you pay them, to at least minimize if not eliminate the AMT hit. Such planning should look beyond the
present tax year to ensure that minimizing AMT exposure in the current year doesn’t maximize it the next.

Although the income patches Congress has made to the AMT levels have kept some taxpayers out of the
AMT’s clutches, a permanent repeal seems unlikely. The Treasury has estimated the resultant loss to the
tax coffers would be $500 billion over 10 years. For now, the best strategy will be constant vigilance and
competent tax and financial counsel to ensure the AMT doesn’t take the wind out of your financial sails.

Any tax or legal information provided in this article is merely a summary of our understanding and
interpretation of some of the current income tax regulations and is not exhaustive. Investors must
consult their tax advisor or legal counsel for advice and information regarding their specific
circumstances.
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