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26 U.S.C. § 53 - U.S. Code - Unannotated Title 26. Internal Revenue Code § 53. Credit for prior year minimum tax liability

Current as of January 01, 2024 | Updated by Findlaw Staff

(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) 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.

(2) Tentative minimum tax.--The term “tentative minimum tax” has the meaning given to such term by section 55(b).

[(3)Repealed.Pub.L. 117-169, Title I, § 10101(e)(2)(B), Aug. 16, 2022, 136 Stat. 1828]

(e)Application to applicable corporations.--In the case of a corporation--

(1) subsection (b)(1) shall be applied by substituting “the net minimum tax for all prior taxable years beginning after 2022” for “the adjusted net minimum tax imposed for all prior taxable years beginning after 1986”, and

(2) the amount determined under subsection (c)(1) shall be increased by the amount of tax imposed under section 59A for the taxable year.

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Cite this article: FindLaw.com - 26 U.S.C. § 53 - U.S. Code - Unannotated Title 26. Internal Revenue Code § 53. Credit for prior year minimum tax liability - last updated January 01, 2024 | https://codes.findlaw.com/us/title-26-internal-revenue-code/26-usc-sect-53/

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