U.S. Tax Law: Internal Revenue Code
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USC Title 26 enacted through 2008

§ 53. Credit for prior year minimum tax liability

 
(a)
Allowance of credit
 
There shall be allowed as a credit against the tax imposed by this chapter for any taxable year an amount equal to the minimum tax credit for such taxable year.
 
(b)
Minimum tax credit
 
For purposes of subsection (a), the minimum tax credit for any taxable year is the excess (if any) of -
 
(1)
the adjusted net minimum tax imposed for all prior taxable years beginning after 1986, over
 
(2)
the amount allowable as a credit under subsection (a) for such prior taxable years.
 
(c)
Limitation
 
The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of -
 
(1)
the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over
 
(2)
the tentative minimum tax for the taxable year.
 
(d)
Definitions
 
For purposes of this section -
 
(1)
Net minimum tax
 
(A)
In general
 
The term "net minimum tax" means the tax imposed by section 55.
 
(B)
Credit not allowed for exclusion preferences
 
(i)
Adjusted net minimum tax
 
The adjusted net minimum tax for any taxable year is -
 
(I)
the amount of the net minimum tax for such taxable year, reduced by
 
(II)
the amount which would be the net minimum tax for such taxable year if the only adjustments and items of tax preference taken into account were those specified in clause (ii).
 
(ii)
Specified items
 
The following are specified in this clause -
 
(I)
the adjustments provided for in subsection (b)(1) of section 56, and
 
(II)
the items of tax preference described in paragraphs (1), (5), and (7) of section 57(a).
 
(iii)
Special rule
 
The adjusted net minimum tax for the taxable year shall be increased by the amount of the credit not allowed under section 30 solely by reason of the application of section 30(b)(3)(B).
 
(iv)
Credit allowable for exclusion preferences of corporations
 
In the case of a corporation -
 
(I)
the preceding provisions of this subparagraph shall not apply, and
 
(II)
the adjusted net minimum tax for any taxable year is the amount of the net minimum tax for such year increased in the manner provided in clause (iii).
 
(2)
Tentative minimum tax
 
The term "tentative minimum tax" has the meaning given to such term by section 55(b).
 
(e)
Special rule for individuals with long-term unused credits
 
(1)
In general
 
If an individual has a long-term unused minimum tax credit for any taxable year beginning before January 1, 2013, the amount determined under subsection (c) for such taxable year shall not be less than the AMT refundable credit amount for such taxable year.
 
(2)
AMT refundable credit amount
 
For purposes of paragraph (1), the term "AMT refundable credit amount" means, with respect to any taxable year, the amount (not in excess of the long-term unused minimum tax credit for such taxable year) equal to the greater of -
 
(A)
50 percent of the long-term unused minimum tax credit for such taxable year, or
 
(B)
the amount (if any) of the AMT refundable credit amount determined under this paragraph for the taxpayer's preceding taxable year (determined without regard to subsection (f)(2)).
 
(3)
Long-term unused minimum tax credit
 
(A)
In general
 
For purposes of this subsection, the term "long-term unused minimum tax credit" means, with respect to any taxable year, the portion of the minimum tax credit determined under subsection (b) attributable to the adjusted net minimum tax for taxable years before the 3rd taxable year immediately preceding such taxable year.
 
(B)
First-in, first-out ordering rule
 
For purposes of subparagraph (A), credits shall be treated as allowed under subsection (a) on a first-in, first-out basis.
 
(4)
Credit refundable
 
For purposes of this title (other than this section), the credit allowed by reason of this subsection shall be treated as if it were allowed under subpart C.
 
(f)
Treatment of certain underpayments, interest, and penalties attributable to the treatment of incentive stock options
 
(1)
Abatement
 
Any underpayment of tax outstanding on the date of the enactment of this subsection which is attributable to the application of section 56(b)(3) for any taxable year ending before January 1, 2008, and any interest or penalty with respect to such underpayment which is outstanding on such date of enactment, is hereby abated. The amount determined under subsection (b)(1) shall not include any tax abated under the preceding sentence.
 
(2)
Increase in credit for certain interest and penalties already paid
 
The AMT refundable credit amount, and the minimum tax credit determined under subsection (b), for the taxpayer's first 2 taxable years beginning after December 31, 2007, shall each be increased by 50 percent of the aggregate amount of the interest and penalties which were paid by the taxpayer before the date of the enactment of this subsection and which would (but for such payment) have been abated under paragraph (1).








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


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