Instructions For Form 4626 - Alternative Minimum Tax - Corporations - 2008 Page 9

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that began after 1980 and before 1987,
An income item is considered taken
Any allowable domestic production
figure depreciation by using the
into account without regard to the
activities deduction under section 199.
property’s regular tax adjusted basis as
timing of its inclusion in a corporation’s
Special rules apply to:
of the close of the last tax year
pre-adjustment AMTI or its E&P. Only
Dividends from certain possession
beginning before 1990 and by using the
income items that are permanently
corporations operating in American
straight line method over the remainder
excluded from pre-adjustment AMTI are
Samoa.
of the recovery period for the property
included in ACE. An income item will
Certain dividends received by certain
under ADS. In doing so, use the
not be considered taken into account
cooperatives.
convention that would have applied to
merely because the proceeds from that
the property under section 168(d)
item might eventually be reflected in the
An item is considered taken into
(without regard to section 168(d)(3)).
pre-adjustment AMTI of another
account without regard to the timing of
its deductibility in figuring
For more information (including an
taxpayer (for example, that of a
pre-adjustment AMTI or E&P.
example that illustrates the application
shareholder) on the liquidation or
Therefore, only deduction items that are
of these rules), see Regulations section
disposal of a business.
permanently disallowed in figuring E&P
1.56(g)-1(b)(3).
Exceptions. Do not make an
are disallowed in figuring ACE.
adjustment for the following.
Line 2b(5). Property described in
Any income from discharge of
Items for which no adjustment is
sections 168(f)(1) through (4). For
indebtedness excluded from gross
necessary. Generally, no deduction is
this property, use the regular tax
income under section 108 (or the
allowed for an item in figuring ACE if
depreciation, regardless of when the
corresponding provision of prior law).
the item is not deductible in figuring
property was placed in service.
Any extraterritorial income excluded
pre-adjustment AMTI (even if the item
Line 2b(5) takes priority over
from gross income under section 114.
is deductible in figuring E&P). The only
!
lines 2b(1), 2b(2), 2b(3), and
For an insurance company taxed
exceptions to this general rule are the
2b(4). For property that is
under section 831(b), any amount not
CAUTION
related reductions to an income item
described in sections 168(f)(1) through
included in gross investment income
described in the second sentence of
(4), use line 2b(5) instead of the line
(as defined in section 834(b)).
the instructions for line 3 above.
2b(1), 2b(2), 2b(3), or 2b(4) that would
Any special subsidy payment for
Deductions that are not allowed in
otherwise apply.
prescription drug plans excluded from
figuring ACE include:
gross income under section 139A.
Capital losses that exceed capital
Line 2b(6). Other property. Use the
Any qualified shipping income
gains;
regular tax depreciation for (a) property
excluded under section 1357.
Bribes, fines, and penalties
placed in service before 1981 and (b)
Tax-exempt interest on certain
disallowed under section 162;
property placed in service after 1980, in
housing bonds issued after July 30,
Charitable contributions that exceed
a tax year that began before 1990, that
2008, excluded under section
the limitations of section 170;
is excluded from MACRS by section
57(a)(5)(C)(iii).
Meals and entertainment expenses
168(f)(5)(A)(i) or original ACRS by
Tax-exempt interest on private
that exceed the limitations of section
section 168(e)(4), as in effect before
activity bonds issued after December
274;
the Tax Reform Act of 1986.
31, 2008, excluded under section
Federal taxes disallowed under
Line 2c. Total ACE depreciation.
56(g)(4)(B)(iv).
section 275; and
Subtract line 2b(7) from line 2a and
Golden parachute payments that
Line 3d. Include in ACE the income
enter the result on line 2c. If line 2b(7)
exceed the limitation of section 280G.
on life insurance contracts (as
exceeds line 2a, enter the difference as
determined under section 7702(g)) for
Line 4e. Do not include any
a negative amount.
the tax year minus the part of any
adjustment related to the E&P effects of
premium attributable to insurance
Line 3. Inclusion in ACE of
any charitable contribution.
coverage.
Items Included in Earnings and
Line 5. Other Adjustments
Line 3e. Do not include any
Profits (E&P)
adjustment related to the E&P effects of
Line 5a. Except as noted below, in
In general, any income item that is not
any charitable contribution.
figuring ACE, determine the deduction
taken into account (see below) in
for intangible drilling costs under
determining the corporation’s
Line 4. Disallowance of Items
section 312(n)(2)(A).
pre-adjustment AMTI but that is taken
Not Deductible From E&P
into account in determining its E&P
Subtract the ACE expense (if any)
Generally, no deduction is allowed
must be included in ACE. Any such
from the AMT expense (used to figure
when figuring ACE for items not taken
income item can be reduced by all
line 2n of Form 4626) and enter the
into account (see below) in figuring
items related to that income item and
result on line 5a. If the ACE expense
E&P for the tax year. These amounts
that would be deductible when figuring
exceeds the AMT amount, enter the
increase ACE if they are deductible in
pre-adjustment AMTI if the income
result as a negative amount.
figuring pre-adjustment AMTI (that is,
items to which they relate were
Exception. The above rule does not
they would be positive adjustments).
included in the corporation’s
apply to amounts paid or incurred for
pre-adjustment AMTI for the tax year.
However, there are exceptions. Do
any oil or gas well by corporations that
Examples of these income items and
not add back:
are independent producers (that is, not
the adjustments that relate to them
Any deduction allowable under
integrated oil companies as defined in
include:
section 243 or 245 for any dividend that
section 291(b)(4)). If this exception
Interest income from tax-exempt
qualifies for a 100% dividends-received
applies, do not enter an amount on line
obligations excluded under section 103
deduction under section 243(a), 245(b),
5a for oil and gas wells.
minus any costs incurred in carrying
or 245(c) and
these tax-exempt obligations and
Any dividend received from a
Line 5b. When figuring ACE, the
Proceeds of life insurance contracts
20%-owned corporation (see section
current year deduction for circulation
excluded under section 101 minus the
243(c)(2)), but only if the dividend is
expenditures under section 173 does
basis in the contract for purposes of
from income of the paying corporation
not apply. Therefore, treat circulation
ACE.
that is subject to federal income tax.
expenditures for ACE using the case
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