AMT Relief

* * Congress Approves AMT Patch * *

Yesterday, the House approved the previously passed Senate version of the Tax Increase Prevention Act of 2007 (H.R. 3996). The president is expected to sign the bill. The Act provides for a one-year patch of the AMT for 2007 but does not offset the revenue cost with revenue raising provisions.

The AMT exemption amounts before phase-out for 2007 for individuals are:

- $66,250 for married individuals filing jointly and surviving spouses;
- $44,350 for unmarried individuals; and
- $33,125 for married individuals filing separately.

This is a temporary fix only. Without future Congressional action, the AMT exemption amounts for individuals in 2008 will revert to 2000 levels.

In addition, personal nonrefundable credits may offset AMT and regular tax. For tax years beginning in 2007, the combined total of the following credits is limited to the sum of: (1) regular tax liability reduced by the foreign tax credit, and (2) the AMT:

- Dependent care credit;
- Credit for the elderly and permanently and totally disabled;
- Mortgage credit;
- Child tax credit;
- Hope and Lifetime Learning credits;
- Adoption credit;
- Saver's credit;
- Nonbusiness energy property credit for energy-efficient improvements to a principal residence;
- Residential energy efficient property credit for photovoltaic, solar hot water, and fuel cell property added to a residence; and
- First-time D.C. homebuyer credit.

Again, absent future Congressional action, personal nonrefundable credits, with the exception of the child tax credit, adoption credit, and the saver's credit, can't exceed the excess of regular tax liability over tentative minimum tax in 2008.

The IRS has not commented on when they intend to begin processing tax returns. NATP has been told that the IRS will need seven weeks to program their systems to accept returns once the AMT patch is signed into law. This pushes back the start of filing season, and the IRS's readiness to accept returns, to early to mid-February. The IRS has indicated that they will post revised copies of the twelve tax forms impacted by the AMT legislation to www.irs.gov within 72 hours after the AMT patch is signed into law.