Alternative minimum tax market segment specialization program
Smith, Darlene Pulliam
Audit Guide Emphasizes Separate Recordkeeping
Numerous taxpayers are feeling the bite of the alternative minimum tax (AMT) as a direct result of the proliferation of tax preference items. To clarify application of the AMT for individual taxpayers, the IRS has issued a new audit guide in its Market Segment Specialization Program (MSSP). The author identifies situations most likely to be encountered and explains the examples given by the audit guide. In addition, the author presents a comprehensive list of audit techniques for AMT items.
It is no surprise to tax practitioners that the alternative minimum tax (AMT) requires a massive amount of recordkeeping. An audit guide recently issued by the IRS, Market Segment Specialization Program: Alternative Minimum Tax for Individuals, confirms the need for a second set of extensive schedules for AMT adjustments.
The Audit Guide
The audit guide consists of five chapters. Chapter 2, which specifically addresses adjustments and tax preferences, concludes each item with a discussion of audit techniques (the Table analyzes these techniques). Practitioners should prepare for a potential audit by reviewing the techniques and generating proper documentation during tax return preparation.
Most of the adjustments and tax preferences require only a simple positive adjustment or a computation for the current year. For example, for regular tax purposes, medical expenses can be deducted to the extent that the total expenses exceed 7.5% of adjusted gross income (AGI). For AMT purposes, medical expenses can only be deducted to the extent that total expenses exceed 10% of AGI. The positive adjustment is a simple computation.
Other adjustments, however, are timing differences requiring multiple-year schedules. Pointing to several adjustments that require such complicated schedules, the audit guide advises that auditors request detailed schedules for both regular tax and AMT for–
* post-1986 depreciation;
* passive activities;
* pre-1987 depreciation;
* loss limitations for home offices, atrisk property, and basis activities;
* mining costs;
* pollution control facilities; and
* research and experimental expenditures.
The last three items pertain to specialized industries, but the others may apply to many taxpayers. Multiple-year schedules are also required for taxpayers with net operating losses (NOL) and AMT credits.
Of the items requiring extensive schedules to arrive at both regular tax and AMT deductions, the AMT adjustment for depreciation deductions (and the related basis adjustment for gain or loss upon a sale) is by far the most common.
Example 9 in the MSSP audit guide, a simple example for only one asset, illustrates the information an auditor might request. Samantha is an independent court reporter. On June 6, 1994, she purchases and places into service a new word processor that costs $6,500. For regular tax purposes, depreciation was computed on a 200% declining balance, five-year property basis, as follows:
Losses for home offices, at-risk property, and basis activities must be accounted for separately under the regular tax and the AMT.
Example 20 in the audit guide illustrates the information the auditor would request for these loss limitations. Chris is at risk for a property in the amount of $100,000 in 1993. For regular tax purposes, the property has a loss of $125,000. The loss will be limited to the amount at risk of $100,000. After considering all AMT adjustments and preferences, the property has an AMT loss of $90,000, all of which will be deductible in 1993. If in 1994 Chris has a regular loss of $30,000 and an AMT loss of $15,000, he will be allowed no loss for regular purposes and a $10,000 loss for AMT purposes. The 1993 return will show a positive adjustment of $10,000, and the 1994 return will show a negative adjustment or additional loss of $10,000. The suspended loss for regular tax purposes will be $55,000 ($25,000 for 1993 plus $30,000 for 1994) and for AMT purposes will be $5,000 (no suspended loss in 1993, $5,000 in 1994).
Schedules will be required for both regular tax and AMT to account for the amounts suspended in some years and used in others.
Net Operating Losses
The computation of NOL for regular tax purposes is quite complicated. An individual’s current NOL is determined by starting with regular taxable income and making a series of adjustments. The recomputation of taxable income and the tax refund for a carryover year are equally complicated. These same schedules must be completed for AMT, considering AMT adjustments and preferences. The AMT schedules are further complicated by the 90% of AMT income limitation and the independent carryovers that sometimes occur due to the differences in the regular tax NOL and the AMT NOL.
Example 27 in the audit guide contains a simplified illustration of the reconciliation of a regular tax NOL and an AMT NOL. Gary has $700,000 of gross income and $1 million in deductions for 1993. The deductions include $100,000 of depreciation. Depreciation for AMT purposes is $60,000, resulting in an AMT adjustment of $40,000. Gary’s AMT NOL is computed as follows:
Documentation Is Crucial
Examination of the audit guide and the audit techniques will assist practitioners in developing proper documentation as tax returns are prepared. Further information can be obtained from the audit guide, at www.irs.gov by searching for MSSP.
Darlene Pulliam Smith, PhD, CPA, is an associate professor of accounting at West Texas A&M University, Canyon.
Copyright New York State Society of Certified Public Accountants Dec 2000
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