Last
year, a Boston-area high-tech company saw its stock plunge from
a record high of $58.75 on January 20, to a low of $1.13 exactly
11 months later in November. One employee, who chose to remain anonymous
for this article, exercised 1,000 options at $10 a share when the
stock reached its peak. With April 16 nipping at her heels, she
still owns the shares. Imagine her terror upon learning that the
spread of $48.75 multiplied by the 1,000 shares - a total of $48,750
- is subject to a parallel tax system called the alternative
minimum tax, or AMT, at a rate of up to 28 percent. Even though
her stock currently is worth just $1,130, the resulting tax owed
on the spread is $13,650.
Less
and less alternative
Created in 1969, AMT was designed to prevent the very wealthy from
dodging taxes through shelters and deductions. Taxpayers are required
to calculate both their regular tax and what they would owe under
the alternative system - then pay Uncle Sam the higher of the two
figures. In effect, taxpayers are simply adding back some tax deductions
and income exclusions to regular taxable income to arrive at the
alternative minimum taxable income. However, because the AMT was
never indexed to inflation, an increasing number of regular middle-
and upper-middle-income folks find themselves owing the convoluted
tax.
"When
the Nixon Treasury put this in place, the argument was that everybody
should pay something. There were a few hundred people making a million
dollars' gross income that due to loopholes paid no taxes,"
said Professor Bill Raabe, who has written several books on taxes
and specializes in taxation at Samford University in Birmingham,
Ala. "If you think of it that way, it should exist. But it
should be a tax for a very small number of people to pay."
But now, he said, "the tax is doing something that it wasn't
designed to do....Something's wrong."
The
AMT is assessed at 26 to 28 percent of income after a certain exemption
and allowing for very few deductions, which is how it's supposed
to nab the tax-dodging millionaires. Since personal exemptions are
not allowed, don't be blind-sided by the higher tax yourself - even
if, for example, you and your spouse support six children on a combined
salary of $75,000. Though hardly rich, by taking eight personal
and dependent deductions you would trigger the alternative tax.
"People
who were never intended to be subject to the AMT are being caught
by it," said David Maloney, a professor of commerce at the
University of Virginia. "It's not just the very, very wealthy."
Although
most folks have never heard of the alternative minimum tax, by the
time they do, it will be too late. By 2010, nearly 30 percent of
all taxpayers making between $75,000 and $100,000 a year (about
1.7 million people) will be subject to the AMT if it is not changed,
according to a Treasury Department study released last year. That's
up from just 14,000 filers in 1998.
Sam
Serio, a regional media relations specialist for the IRS in the
District of Columbia, Maryland, and Northern Virginia, says the
key problem boils down to one thing. "Basically it's the indexing:
whether Congress chooses to index the AMT" to inflation, he
said. "Otherwise, more and more people will be affected by
it and more people have to do their taxes twice" in order to
figure out what they owe.
"I
sure wish the computations of the AMT were simpler," he added.
Tax
comparison: AMT versus regular taxes
| AMT
computation |
Regular
tax computation |
|
Adjusted
gross income
Plus:
AMT adjustments and preferences
Less:
AMT itemized deductions
|
Adjusted
gross income
Less:
personal and dependency exemptions
Less:
greater of total itemized deductions, or standard deduction
|
|
AMT
income
Less:
AMT exemption
|
Taxable
income
Multiplied
by: regular tax rate
|
|
AMT
base
Multiplied
by: AMT tax rate
|
Regular
tax liability before credits
Plus:
actual AMT
Less:
nonrefundable credits
Less:
refundable credits
Plus:
other taxes
|
| Actual
AMT |
Total
tax |
To
calculate whether you owe alternative minimum tax, use IRS
Form 6251. To get a quick sense of your AMT liability, compare
the results of the first and second columns above, and pay whichever
amount is higher.
Source:
Internal Revenue Service.
What
triggers the AMT?
Unfortunately, there's no telling for sure what will trigger the
AMT for any given taxpayer. A combination of any number of factors
might set it off. If you have any doubt, it's advisable to fill
out IRS Form 6251 along with your regular taxes, so you can see
which of the two is higher (and therefore the one you owe). Here
is a list of items, or preferences, that might cause liability under
the alternative minimum tax; it is not meant to be a complete list.
- Exemptions.
The more exemptions you claim, the more likely it is you'll have
AMT liability.
- Standard
deduction. Although the AMT usually hits higher-income folks,
this widely used deduction can contribute to AMT liability.
- State
and local taxes. If your state or local taxes are high, you're
more likely to be subject to the AMT.
- Medical
expenses. If you claim an itemized deduction for medical expenses,
part or all of it will be disallowed when you calculate the AMT.
- Miscellaneous
itemized deductions. If you claim a large number of certain
itemized deductions (such as unreimbursed employee expenses, tax
preparation fees, etc.), you could end up paying the AMT.
- Various
credits. The more credits you claim, the more likely it is
you'll get hit with the alternative tax.
- Incentive
stock options and long-term capital gains. As we saw above,
exercising a large ISO is practically guaranteed to stick you
with the AMT. A large capital gain reduces or eliminates the AMT
exemption amount, which is meant to protect low-income earners
from the alternative tax. (See the story titled, "Tax
Implications of Stock Options" in the series Understanding
Your Options.)
- Interest
on second mortgages. If you borrowed against your home for
some purpose other than expenses related to the home, the interest
deduction won't be allowed under AMT.
- Tax-exempt
interest. Interest otherwise exempt from the regular income
tax might not be for the AMT.
- Tax
shelters. The AMT provides reduced tax benefits for investments
in certain types of partnership or limited liability company arrangements
involving activities such as drilling for gas or oil (source:
Fairmark Press).
While
there may not be any dependency or personal exemptions under the
AMT, you don't have to pay AMT if you meet any of the following
exemptions.
-
$45,000 for married couples filing jointly with phase-out beginning
when AMT income is over $150,000.
- $33,750
for single people, or heads of households, with phase-out beginning
when AMT income is over $112,500.
- $22,500
for married couples filing separately with phase-out beginning
when AMT income is over $75,000.
A
tax cut that might increase your taxes
Don't expect things to get less complicated anytime soon. As President
Bush's proposed tax cut is making its rounds on Capitol Hill this
month, the complex 30-year-old AMT is coming under increasingly
heavy fire by taxpayers and lawmakers alike. But due to the GOP's
determination to push through their cut, combined with the estimated
$200-$300 billion over 10 years it would take to fix the outdated
AMT, it is unlikely that it will soon undergo the reform experts
agree it so badly needs.
Although
the interests of the wealthy are not exactly anathema to Republicans
(nor to Democrats, for that matter), the GOP has been paying little
attention to this parallel tax system as it tries to put its massive
tax cut on a fast track through Congress. "The changes that
are being discussed relate to the regular tax," said Maloney.
"If Congress goes forward and enacts Bush's plan, the regular
taxes will go down but the AMT will not. So as a result, more people
than ever before will be subject to the AMT. It would take away
the advantage of the cut people would receive. That's an ironic
twist."
In
principle, most experts agree there's nothing essentially wrong
with the AMT, it just badly needs to be updated. "There's a
lot of confusion about AMT," said Serio in his Baltimore, Md.,
IRS office. "Some people think it's an add-on tax and it's
certainly not. Some think they'll be paying rates of 31 percent,
36 percent or the top rate of 39.6 percent. But it's not putting
you in some huge tax bracket - it's Congress's way of saying you're
at least going to pay between 26 and 28 percent, regardless of what
your preferences are."
When
looked at that way, there is a case to be made for keeping the AMT.
To echo a sentiment about another federal program, experts subscribe
to a "mend it, don't end it" philosophy: keep the AMT,
peg it to inflation. In the meantime, if you suspect you might be
subject to the alternative minimum tax, you're going to have to
calculate both sets of taxes.
About
that lamentable fact of life, Serio quipped, "I can say thank
God for computer software."