Amended 1997, 1998, 2010, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(6), struck out subsec. (e) which related to exemption for small corporations.
- 2010 Pub. L. 111-240 Pub. L. 111–240 substituted “38(c)(6)(B)” for “38(c)(3)(B)”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6006(a), reenacted par. heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The tentative minimum tax of a corporation shall be zero for any taxable year if—
“(A) such corporation met the $5,000,000 gross receipts test of section 448(c) for its first taxable year beginning after December 31, 1996, and
“(B) such corporation would meet such test for the taxable year and all prior taxable years beginning after such first taxable year if such test were applied by substituting ‘$7,500,000’ for ‘$5,000,000’.”
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 401(a), added subsec. (e).
Cases: Okin v. Commissioner, 808 F.2d 1338 (9th Cir. 1987); Huntsberry v. Commissioner, 83 T.C. 742 (1984); Allen v. Commissioner, 118 T.C. 1 (2002)
Final rules 1
(a) General rule There is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to the excess (if any) of—
Amended 2017, 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 10101(a)(4)(A), substituted “There” for “In the case of a taxpayer other than a corporation, there” in introductory provisions.
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(a), substituted “In the case of a taxpayer other than a corporation, there” for “There” in introductory provisions.
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(1) the tentative minimum tax for the taxable year, over
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(2) the regular tax for the taxable year plus, in the case of an applicable corporation, the tax imposed by section 59A.
Amended 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 10101(a)(3), inserted “plus, in the case of an applicable corporation, the tax imposed by section 59A” before period at end.
(b) Tentative minimum tax For purposes of this part—
Amended 2008, 2015
- 2015 Pub. L. 114-113 Pub. L. 114–113 struck out par. (4) which related to the maximum rate of tax on qualified timber gain of corporations.
- 2008 Pub. L. 110-246 Pub. L. 110–246, § 15311(b), added par. (4).
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(1) Noncorporate taxpayers In the case of a taxpayer other than a corporation—
Amended 1993, 2017, 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 10101(a)(4)(B)(i)(I), substituted “Noncorporate taxpayers” for “Amount of tentative tax” in heading and inserted introductory provisions.
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(3)(A), amended par. (1) generally. Prior to amendment, par. (1) related to amount of tentative tax.
- 1993 Pub. L. 103-66 Pub. L. 103–66, § 13203(a), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “The tentative minimum tax for the taxable year is—
“(A) 20 percent (24 percent in the case of a taxpayer other than a corporation) of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by
“(B) the alternative minimum tax foreign tax credit for the taxable year.”
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(A) In general The tentative minimum tax for the taxable year is the sum of—
Amended 1990, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(b)(2)(A), substituted “by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof.” for “by substituting ‘$87,500’ for ‘$175,000’ each place it appears.”
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11102(a), substituted “24 percent” for “21 percent”.
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(i) 26 percent of so much of the taxable excess as does not exceed $175,000, plus
(ii) 28 percent of so much of the taxable excess as exceeds $175,000.
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 311(b)(2)(A), substituted “this subsection” for “clause (i)”.
The amount determined under the preceding sentence shall be reduced by the alternative minimum tax foreign tax credit for the taxable year.
(B) Taxable excess 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.
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(C) Married individual filing separate return 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.
(D) Alternative minimum taxable income The term “alternative minimum taxable income” means the taxable income of the taxpayer for the taxable year—
Amended 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 10101(a)(4)(B)(i)(II), added subpar. (D).
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(i) determined with the adjustments provided in section 56 and section 58, and
(ii) increased by the amount of the items of tax preference described in section 57.
If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).
(2) Corporations
Amended 1988, 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 10101(a)(1), amended par. (2) generally. Prior to amendment, par. (2) defined “alternative minimum taxable income”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1007(a)(2), inserted at end “If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).”
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(A) Applicable corporations In the case of an applicable corporation, the tentative minimum tax for the taxable year shall be the excess of—
(i) 15 percent of the adjusted financial statement income for the taxable year (as determined under section 56A), over
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(ii) the corporate AMT foreign tax credit for the taxable year.
(B) Other corporations In the case of any corporation which is not an applicable corporation, the tentative minimum tax for the taxable year shall be zero.
(3) Maximum rate of tax on net capital gain of noncorporate taxpayers The amount determined under the first sentence of paragraph (1)(A) shall not exceed the sum of—
Amended 1997, 1998, 2003, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(3)(B), substituted “paragraph (1)(A)” for “paragraph (1)(A)(i)” in introductory provisions.
- 2003 Pub. L. 108-27 Pub. L. 108–27, § 301(b)(2), struck out first sentence of concluding provisions which read as follows: “In the case of taxable years beginning after December 31, 2000, rules similar to the rules of section 1(h)(2) shall apply for purposes of subparagraphs (B) and (C).”
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(d)(2), reenacted par. heading without change and amended text of par. (3) generally. Prior to amendment, text read as follows: “The amount determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of—
“(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the lesser of—
“(i) the net capital gain, or
“(ii) the sum of—
“(I) the adjusted net capital gain, plus
“(II) the unrecaptured section 1250 gain, plus
“(B) 25 percent of the lesser of—
“(i) the unrecaptured section 1250 gain, or
“(ii) the amount of taxable excess in excess of the sum of—
“(I) the adjusted net capital gain, plus
“(II) the amount on which a tax is determined under subparagraph (A), plus
“(C) 10 percent of so much of the taxpayer’s adjusted net capital gain (or, if less, taxable excess) as does not exceed the amount on which a tax is determined under section 1(h)(1)(D), plus
“(D) 20 percent of the taxpayer’s adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (C).
In the case of taxable years beginning after December 31, 2000, rules similar to the rules of section 1(h)(2) shall apply for purposes of subparagraphs (C) and (D). Terms used in this paragraph which are also used in section 1(h) shall have the respective meanings given such terms by section 1(h).”
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 311(b)(1), added par. (3).
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(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the lesser of—
(i) the net capital gain; or
(ii) the sum of—
(I) the adjusted net capital gain, plus
(II) the unrecaptured section 1250 gain, plus
(B) 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
Amended 2003, 2004, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 102(c)(2), substituted “0 percent” for “5 percent (0 percent in the case of taxable years beginning after 2007)”.
- 2004 Pub. L. 108-311 Pub. L. 108–311, § 406(d), substituted “an amount equal to the excess described in” for “the amount on which a tax is determined under”.
- 2003 Pub. L. 108-27 Pub. L. 108–27, § 301(a)(1), substituted “5 percent (0 percent in the case of taxable years beginning after 2007)” for “10 percent”.
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(C) 15 percent of the lesser of—
Amended 2003, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 102(b)(2), added subpars. (C) and (D), redesignated former subpar. (D) as (E), and struck out former subpar. (C) which read as follows: “15 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (B), plus”.
- 2003 Pub. L. 108-27 Pub. L. 108–27, § 301(a)(2)(B), substituted “15 percent” for “20 percent”.
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(i) 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
(ii) the excess described in section 1(h)(1)(C)(ii), plus
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(D) 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
Amended 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 102(b)(2), added subpars. (C) and (D), redesignated former subpar. (D) as (E), and struck out former subpar. (C) which read as follows: “15 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (B), plus”.
(E) 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.
Amended 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 102(b)(2), added subpars. (C) and (D), redesignated former subpar. (D) as (E), and struck out former subpar. (C) which read as follows: “15 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (B), plus”.
Terms used in this paragraph which are also used in section 1(h) shall have the respective meanings given such terms by section 1(h) but computed with the adjustments under this part.
(c) Regular tax
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(1) In general 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). [OLRC note: See References in Text note below.] 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.
Amended 1986, 1988, 1990, 1992, 1996, 1997, 2005, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(4), struck out “, the section 936 credit allowable under section 27(b), and the Puerto Rico economic activity credit under section 30A” after “section 27(a)”.
- 2005 Pub. L. 109-58 Pub. L. 109–58, § 1302(b), which directed amendment of par. (1) by inserting “45(e)(11)(C),” after “section” in last sentence, was executed by making the insertion after “section” the first place it appeared in last sentence, to reflect the probable intent of Congress.
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1601(f)(1)(C), substituted “Puerto Rico” for “Puerto Rican”.
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 1601(b)(2)(A), substituted “, the section 936 credit allowable under section 27(b), and the Puerto Rican economic activity credit under section 30A” for “and the section 936 credit allowable under section 27(b)”.
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 1401(b)(3), struck out “shall not include any tax imposed by section 402(d) and” before “shall not include any increase in tax under section 49(b)”.
- 1992 Pub. L. 102-318 Pub. L. 102–318 substituted “402(d)” for “402(e)”.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11813(b)(5), substituted “section 49(b) or 50(a)” for “section 47”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1007(a)(1), inserted “and the section 936 credit allowable under section 27(b)” before period at end of first sentence.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1002(l)(27), substituted “subsection (j) or (k) of section 42” for “section 42(j)”.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 252(c), inserted “or section 42(j)”.
(2) Coordination with income averaging for farmers and fishermen 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.
Amended 1992, 1996, 2004, 2005
- 2005 Pub. L. 109-135 Pub. L. 109–135, § 403(h), substituted “regular tax liability” for “regular tax”.
- 2005 Pub. L. 109-58 Pub. L. 109–58, § 1342(b)(3), which directed amendment of par. (2) by inserting “30C(d)(2),” after “30B(g)(2),”, was repealed by Pub. L. 109–135, § 412(p)(3).
- 2005 Pub. L. 109-58 Pub. L. 109–58, § 1341(b)(3), which directed amendment of par. (2) by inserting “30B(g)(2),” after “30(b)(2),”, was repealed by Pub. L. 109–135, § 412(p)(2).
- 2004 Pub. L. 108-357 Pub. L. 108–357 added par. (2) and redesignated former par. (2) as (3).
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 1205(d)(6), struck out “28(d)(2),” after “26(a),”.
- 1992 Pub. L. 102-486 Pub. L. 102–486 substituted “29(b)(6), 30(b)(3),” for “29(b)(5),”.
(3) Cross references For provisions providing that certain credits are not allowable against the tax imposed by this section, see sections 30C(d)(2) and 38(c).
Amended 2004, 2005, 2009, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(c)(2)(J), substituted “30C(d)(2)” for “26(a), 30C(d)(2),”.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1144(b)(3), struck out “30B(g)(2),” after “sections 26(a),”.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1142(b)(5), struck out “30(b)(3),” after “sections 26(a),”.
- 2005 Pub. L. 109-135 Pub. L. 109–135, § 412(p)(1), inserted “30B(g)(2), 30C(d)(2),” after “30(b)(3),”.
- 2005 Pub. L. 109-58 Pub. L. 109–58, § 1322(a)(3)(H), struck out “29(b)(6),” after “26(a),”.
- 2004 Pub. L. 108-357 Pub. L. 108–357 added par. (2) and redesignated former par. (2) as (3).
(d) Exemption amount For purposes of this section—
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(1) Exemption amount for taxpayers other than corporations In the case of a taxpayer other than a corporation, the term “exemption amount” means—
Amended 1993
- 1993 Pub. L. 103-66 Pub. L. 103–66, § 13203(b), substituted “$45,000” for “$40,000” in subpar. (A), “$33,750” for “$30,000” in subpar. (B), and “$22,500” for “$20,000” in subpar. (C).
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(A) $78,750 in the case of—
Amended 2001, 2003, 2004, 2006, 2007, 2008, 2009, 2010, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(a)(1)(A), in introductory provisions, substituted “$78,750” for “$45,000 ($72,450 in the case of taxable years beginning in 2010 and $74,450 in the case of taxable years beginning in 2011)”.
- 2010 Pub. L. 111-312 Pub. L. 111–312, § 201(a)(1), substituted “$72,450 in the case of taxable years beginning in 2010 and $74,450 in the case of taxable years beginning in 2011” for “$70,950 in the case of taxable years beginning in 2009”.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1012(a)(1), substituted “($70,950 in the case of taxable years beginning in 2009)” for “($69,950 in the case of taxable years beginning in 2008)”.
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 102(a)(1), substituted “($69,950 in the case of taxable years beginning in 2008)” for “($66,250 in the case of taxable years beginning in 2007)”.
- 2007 Pub. L. 110-166 Pub. L. 110–166, § 2(a)(1), substituted “($66,250 in the case of taxable years beginning in 2007)” for “($62,550 in the case of taxable years beginning in 2006)”.
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 301(a)(1), substituted “$62,550 in the case of taxable years beginning in 2006” for “$58,000 in the case of taxable years beginning in 2003, 2004, and 2005”.
- 2004 Pub. L. 108-311 Pub. L. 108–311, § 103(a), substituted “2003, 2004, and 2005” for “2003 and 2004”.
- 2003 Pub. L. 108-27 Pub. L. 108–27, § 106(a)(1), substituted “$58,000 in the case of taxable years beginning in 2003 and 2004” for “$49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004”.
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(a)(1), substituted “$45,000 ($49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)” for “$45,000”.
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(i) a joint return, or
(B) $50,600 in the case of an individual who—
Amended 2001, 2003, 2004, 2006, 2007, 2008, 2009, 2010, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(a)(1)(B), in introductory provisions, substituted “$50,600” for “$33,750 ($47,450 in the case of taxable years beginning in 2010 and $48,450 in the case of taxable years beginning in 2011)”.
- 2010 Pub. L. 111-312 Pub. L. 111–312, § 201(a)(2), substituted “$47,450 in the case of taxable years beginning in 2010 and $48,450 in the case of taxable years beginning in 2011” for “$46,700 in the case of taxable years beginning in 2009”.
- 2009 Pub. L. 111-5 Pub. L. 111–5, § 1012(a)(2), substituted “($46,700 in the case of taxable years beginning in 2009)” for “($46,200 in the case of taxable years beginning in 2008)”.
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 102(a)(2), substituted “($46,200 in the case of taxable years beginning in 2008)” for “($44,350 in the case of taxable years beginning in 2007)”.
- 2007 Pub. L. 110-166 Pub. L. 110–166, § 2(a)(2), substituted “($44,350 in the case of taxable years beginning in 2007)” for “($42,500 in the case of taxable years beginning in 2006)”.
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 301(a)(2), substituted “$42,500 in the case of taxable years beginning in 2006” for “$40,250 in the case of taxable years beginning in 2003, 2004, and 2005”.
- 2004 Pub. L. 108-311 Pub. L. 108–311, § 103(a), substituted “2003, 2004, and 2005” for “2003 and 2004”.
- 2003 Pub. L. 108-27 Pub. L. 108–27, § 106(a)(2), substituted “$40,250 in the case of taxable years beginning in 2003 and 2004” for “$35,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004”.
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(b)(1), struck out “and” at end.
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(a)(2), substituted “$33,750 ($35,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)” for “$33,750”.
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(i) is not a married individual, and
(ii) is not a surviving spouse,
(C) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a married individual who files a separate return, and
Amended 2001, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(a)(1)(C), substituted “subparagraph (A)” for “paragraph (1)(A)”.
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(b)(1), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “$22,500 in the case of—
“(i) a married individual who files a separate return, or
“(ii) an estate or trust.”
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(D) $22,500 in the case of an estate or trust.
Amended 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(b)(1), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “$22,500 in the case of—
“(i) a married individual who files a separate return, or
“(ii) an estate or trust.”
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For purposes of this paragraph, the term “surviving spouse” has the meaning given to such term by section 2(a), and marital status shall be determined under section 7703.
(2) Phase-out of exemption amount The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount equal to 25 percent of the amount by which the alternative minimum taxable income of the taxpayer exceeds—
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(5)(A), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “In the case of a corporation, the term ‘exemption amount’ means $40,000.”
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(5)(B), struck out subpar. (D) which read as follows: “$150,000 in the case of a taxpayer described in paragraph (2).”
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(A) $150,000 in the case of a taxpayer described in paragraph (1)(A),
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(B) $112,500 in the case of a taxpayer described in paragraph (1)(B), and
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(C) 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).
In the case of a taxpayer described in paragraph (1)(C), alternative minimum taxable income shall be increased by the lesser of (i) 25 percent of the excess of alternative minimum taxable income (determined without regard to this sentence) over the minimum amount of such income (as so determined) for which the exemption amount under paragraph (1)(C) is zero, or (ii) such exemption amount (determined without regard to this paragraph).
(3) Inflation adjustment
Amended 1988, 1993, 2001, 2013, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(5)(A), redesignated par. (4) as (3). Former par. (3) redesignated (2).
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(b)(2)(B)(ii), (iii), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “$75,000 in the case of a taxpayer described in subparagraph (C) or (D) of paragraph (1).”
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(b)(3), in concluding provisions, substituted “paragraph (1)(C)” for “paragraph (1)(C)(i)” and “the minimum amount of such income (as so determined) for which the exemption amount under paragraph (1)(C) is zero, or (ii) such exemption amount (determined without regard to this paragraph)” for “$165,000 or (ii) $22,500”.
- 1993 Pub. L. 103-66 Pub. L. 103–66, § 13203(c)(1), substituted “$165,000 or (ii) $22,500” for “$155,000 or (ii) $20,000” in last sentence.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1007(a)(3), inserted at end “In the case of a taxpayer described in paragraph (1)(C)(i), alternative minimum taxable income shall be increased by the lesser of (i) 25 percent of the excess of alternative minimum taxable income (determined without regard to this sentence) over $155,000, or (ii) $20,000.”
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(A) In general In the case of any taxable year beginning in a calendar year after 2012, the amounts described in subparagraph (B) shall each be increased by an amount equal to—
Amended 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(b)(2)(B)(i), struck out “or (2)” after “paragraph (1)(A)”.
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(i) such dollar amount, multiplied by
(ii) 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.
(B) Amounts described The amounts described in this subparagraph are—
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(i) each of the dollar amounts contained in subsection (b)(1)(A),
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(5)(C)(i), substituted “(b)(1)(A)” for “(b)(1)(A)(i)”.
(ii) each of the dollar amounts contained in subparagraphs (A), (B), and (D) of paragraph (1), and
(iii) each of the dollar amounts in subparagraphs (A) and (B) of paragraph (2).
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12001(b)(5)(C)(ii), substituted “paragraph (2)” for “paragraph (3)”.
(C) Rounding Any increased amount determined under subparagraph (A) shall be rounded to the nearest multiple of $100.
Amended 2001, 2013
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(b)(2)(B)(ii), (iii), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “$75,000 in the case of a taxpayer described in subparagraph (C) or (D) of paragraph (1).”
- 2001 Pub. L. 107-16 Pub. L. 107–16, § 701(b)(2), substituted “subparagraph (C) or (D) of paragraph (1)” for “paragraph (1)(C)”.
(4) Special rule for taxable years beginning after 2017
Amended 2013, 2014, 2017, 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70107(a)(2), struck out “and before 2026” after “beginning after 2017” in heading.
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 12003(a), added par. (4). Former par. (4) redesignated (3).
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 202(c)(2), substituted “increased amount” for “increase”.
- 2013 Pub. L. 112-240 Pub. L. 112–240, § 104(b)(1), added par. (4).
(A) In general In the case of any taxable year beginning after December 31, 2017—
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70107(a)(1), struck out “, and before January 1, 2026” after “December 31, 2017” in introductory provisions.
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(i) paragraph (1) shall be applied—
(I) by substituting “$109,400” for “$78,750” in subparagraph (A), and
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(II) by substituting “$70,300” for “$50,600” in subparagraph (B),
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(ii) paragraph (2) shall be applied—
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 11002(d)(1)(I), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
(I) by substituting “$1,000,000” for “$150,000” in subparagraph (A),
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(II) by substituting “50 percent of the dollar amount applicable under subparagraph (A)” for “$112,500” in subparagraph (B),
(III) in the case of a taxpayer described in paragraph (1)(D), without regard to the substitution under subclause (I), and
(IV) by substituting “50 percent” for “25 percent”, and
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70107(c), added subcl. (IV).
(iii) subsection (j) of section 59 shall not apply.
Amended 2019
- 2019 Pub. L. 116-94 Pub. L. 116–94 added cl. (iii).
(B) Inflation adjustment
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(i) In general In the case of any taxable year beginning in a calendar year after 2018 (2026, in the case of the $1,000,000 amount in subparagraph (A)(ii)(I)), the amounts described in clause (ii) shall each be increased by an amount equal to—
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70107(b)(1), substituted “2018 (2026, in the case of the $1,000,000 amount in subparagraph (A)(ii)(I))” for “2018” in introductory provisions.
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(I) such dollar amount, multiplied by
(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting for “calendar year 2016” in subparagraph (A)(ii) thereof—
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70107(b)(2), substituted “determined by substituting for ‘calendar year 2016’ in subparagraph (A)(ii) thereof—
“(1) ‘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
“(2) ‘calendar year 2025’, in the case of the $1,000,000 amount in subparagraph (A)(ii)(I).”
for “determined by substituting ‘calendar year 2017’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.”
(1) “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
(2) “calendar year 2025”, in the case of the $1,000,000 amount in subparagraph (A)(ii)(I).
(ii) Amounts described 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).
Amended 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 202(c)(1), inserted “subparagraphs (A), (B), and (D) of” before “paragraph (1)”.
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(iii) Rounding Any increased amount determined under clause (i) shall be rounded to the nearest multiple of $100.
(iv) Coordination with current adjustments 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.