- 8 - 55(c)(1). If TMT is greater than the RIT, the TMT is the final tax liability for the taxable year. Sec. 55(a). If, on the other hand, RIT exceeds the TMT, nonrefundable credits (including the section 29(a) nonconventional fuel source credit) are applied in a set order to reduce the RIT, but not below the TMT for the taxable year. See, e.g., sec. 29(b)(5). Finally, the section 53 minimum tax credit is applied against the RIT, but again only to the extent that the RIT exceeds the TMT. Sec. 53(c). Pursuant to section 53(d)(1)(B)(iii), the amount available for the minimum tax credit is increased by any section 29 credits not allowed solely by reason of the limitation of section 29(b)(5). The section 53 minimum tax credit can be carried forward indefinitely to subsequent taxable years and utilized to reduce regular tax to the extent it exceeds TMT in those years. Sec. 53(a), (c). B. The Tax Benefit Rule Presumably since Congress recognized that it could not envision all of the possible inequities of the minimum tax, it incorporated section 58(h), which provided a so-called Tax Benefit Rule, as part of the add-on minimum tax system in 1976. Tax Reform Act of 1976, Pub. L. 94-455, 90 Stat. 1553. The section 58(h) tax benefit rule mandated that the Secretary of the Treasury prescribe regulations under which items of tax preference shall be properly adjusted where the tax treatment giving rise to such items will not result inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011