Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ions/i6251/2022/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 14 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2022 Instructions for Form 6251 Alternative Minimum Tax—Individuals Section references are to the Internal Revenue (AMT). The AMT is a separate tax that asked to explain the items reported. Code unless otherwise noted. is imposed in addition to your regular Good records will help you explain any tax. It applies to taxpayers who have item and arrive at the correct AMT. General Instructions certain types of income that receive Keep records that show how you favorable treatment, or who qualify for figured income, deductions, etc., for the Future Developments certain deductions, under the tax law. AMT. Also keep records of any items For the latest information about These tax benefits can significantly that you used to figure the AMT that developments related to Form 6251 and reduce the regular tax of some differ from what you used to figure the its instructions, such as legislation taxpayers with higher economic regular tax. For example, you will need enacted after they were published, go to incomes. The AMT sets a limit on the to separately figure and track certain IRS.gov/Form6251. amount these benefits can be used to carrybacks, carryforwards, basis reduce total tax. amounts, depreciation, and loss What's New Also use Form 6251 to figure your limitation amounts that differ between tentative minimum tax (Form 6251, the AMT and the regular tax. Exemption amount. The exemption line 9). You may need to know that amount on Form 6251, line 5, has If you refigure an item for AMT by amount to figure the tax liability limit on increased to $75,900 ($118,100 if completing an AMT version of a form or the credits listed under Who Must File, married filing jointly or qualifying worksheet, keep a copy of that AMT earlier. surviving spouse; $59,050 if married form or worksheet for your records. filing separately). Figuring AMT Amounts Also, the amount used to determine Partners and Shareholders For the AMT, certain items of income, the phaseout of your exemption has If you are a partner in a partnership or a deductions, etc., receive different tax increased to $539,900 ($1,079,800 if shareholder in an S corporation, see treatment than for the regular tax. married filing jointly or qualifying Schedule K-1 and its instructions to Therefore, you will need to figure items surviving spouse). figure your adjustments or preferences for the AMT differently from how you from the partnership or S corporation to AMT tax brackets. For 2022, for figured them for the regular tax. These include on Form 6251. non-corporate taxpayers, the 26% tax instructions will help you figure AMT rate applies to the first $206,100 items by using the amount you figured Nonresident Aliens ($103,050 if married filing separately) of for the regular tax and refiguring it for taxable excess (the amount on line 6). the AMT. In some cases, it is easiest to If you are a nonresident alien and you This change is reflected on lines 7, 18, refigure an item for AMT by completing disposed of U.S. real property interests and 39. a tax form or worksheet a second time at a gain, you must make a special using additional AMT instructions. computation. Fill in Form 6251 through Who Must File These instructions refer to such a form line 6. If your net gain from the Attach Form 6251 to your return if any of or worksheet as an “AMT” version. If disposition of U.S. real property the following statements are true. you do complete an AMT version of a interests and the amount on line 4 are form or worksheet, don’t attach it to your both greater than the tentative amount 1. Form 6251, line 7, is greater than you figured for line 6, replace the tax return unless instructed to do so. For line 10. amount on line 6 with the smaller of that example, you may have to attach an 2. You claim any general business AMT Form 1116, Foreign Tax Credit, to net gain or the amount on line 4. Also credit, and either line 6 (in Part I) of your return; see Line 8, later. enter “RPI” on the dotted line next to Form 3800 or line 25 of Form 3800 is line 6. Otherwise, don’t change line 6. more than zero. As you figure some deductions and credits for the AMT, carrybacks or Credit for Prior Year 3. You claim the qualified electric carryforwards to other tax years may be vehicle credit (Form 8834), the personal different from what you figured for the Minimum Tax use part of the alternative fuel vehicle regular tax. Examples are investment See Form 8801, Credit for Prior Year refueling property credit (Form 8911), or interest expense, a net operating loss, a Minimum Tax—Individuals, Estates, and the credit for prior year minimum tax capital loss, a passive activity loss, and Trusts, if you paid AMT for 2021 or you (Form 8801). the foreign tax credit. Your at-risk limits had a minimum tax credit carryforward 4. The total of Form 6251, lines 2c and basis amounts may also differ for on your 2021 Form 8801. If you pay through 3, is negative and line 7 would the AMT. AMT for 2022, you may be able to take be greater than line 10 if you didn’t take a credit on Form 8801 for 2023. into account lines 2c through 3. Recordkeeping You must keep records to support items Optional Write-off for Purpose of Form reported on Form 6251 in case the IRS Certain Expenditures Use Form 6251 to figure the amount, if has questions about them. If the IRS There is no AMT adjustment for the any, of your alternative minimum tax examines your tax return, you may be following items if you elect for the May 11, 2023 Cat. No. 64277P |
Page 2 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. regular tax to deduct them ratably over any generation-skipping transfer taxes into account all adjustments and the period of time shown. on income distributions. preferences. • Circulation expenditures—3 years If you aren’t filing Schedule A (Form • Gross income from property held for (section 173). 1040), then enter the standard investment. • Research and experimental deduction amount that you reported on • Net gain from the disposition of expenditures—10 years (section Form 1040 or 1040-SR, line 12. property held for investment. 174(a)). • Net capital gain from the disposition • Mining exploration and development Net qualified disaster loss. If you of property held for investment. costs—10 years (sections 616(a) and filed Schedule A just to claim an • Investment expenses. 617(a)). increased standard deduction on Form • Intangible drilling costs—60 months 1040 or Form 1040-SR due to a loss Include on line 4a any tax-exempt (section 263(c)). you suffered related to property in a interest income from private activity federally declared disaster area, then bonds that must be included on Form For information on making the enter zero on line 2a and go to line 2b. 6251, line 2g. If you have any election, see section 59(e) and You will include the amount of the investment expenses that would have Regulations section 1.59-1. Also see standard deduction (before it was been deductible if the interest on the Pub. 535, Business Expenses. increased by any net qualified disaster bonds were includible in gross income loss) on line 3. for the regular tax, you can use them to reduce the amount on line 4a or include Specific Instructions Form 1040-NR. If you are filing Form them on line 5. If you owe AMT, you may be 1040-NR, enter the amount of all taxes TIP able to lower your total tax from Schedule A (Form 1040-NR), On line 4g, enter the smaller of: (regular tax plus AMT) by line 1b, plus any foreign income taxes 1. The amount from line 4g of your claiming itemized deductions on Form you are deducting on Schedule A regular tax Form 4952, or 1040 or Form 1040-SR, even if your (instead of claiming a credit on Form 2. The total of lines 4b and 4e of this total itemized deductions are less than 1116). Don’t include any AMT Form 4952. the standard deduction. This is because generation-skipping transfer taxes on the standard deduction isn’t allowed for income distributions. Step 4. Complete Part III. the AMT and, if you claim the standard Line 2b—Refund of Taxes Enter on Form 6251, line 2c, the difference between line 8 of your AMT deduction on Form 1040 or Form Include any refund from Schedule 1 Form 4952 and line 8 of your regular tax 1040-SR, you can’t claim itemized (Form 1040), line 1, that is attributable Form 4952. If your AMT expense is deductions for the AMT. to state or local income taxes. Also greater, enter the difference as a include any refunds received in 2022 negative amount. Part I—Alternative and included in income on Schedule 1 (Form 1040), line 8z, that are Investment interest expense that Minimum Taxable Income isn’t an itemized deduction. If you attributable to state or local personal (AMTI) property taxes or general sales taxes, didn’t itemize deductions and you had To avoid duplication, any foreign income taxes, or state, local, or investment interest expense, don’t enter foreign real property taxes. Enter the an amount on Form 6251, line 2c, ! adjustment or preference for total as a negative amount. If you unless you reported investment interest CAUTION line 2m or 2n or for a tax shelter farm activity on line 3 must not be taken include an amount from Schedule 1 expense on Schedule E (Form 1040), into account in figuring the amount to (Form 1040), line 8z, you must enter a Supplemental Income and Loss. If you enter for any other adjustment or description and the amount next to the did, follow the steps above for preference. entry space for line 2b. For example, if completing Form 4952. Allocate the you include a refund of real property investment interest expense allowed on Line 1 taxes, enter “real property” and the line 8 of the AMT Form 4952 in the amount next to the entry space. same way you did for the regular tax. If Form 1040 or 1040-SR, line 15, is Enter on Form 6251, line 2c, the zero and includes a write-in amount Line 2c—Investment Interest difference between the amount allowed (such as a capital construction fund If you filled out Form 4952, Investment on Schedule E for the regular tax and deduction for commercial fishermen), Interest Expense Deduction, for your the amount allowed on Schedule E for subtract the write-in amount and line 14 regular tax, you will need to fill out a the AMT. of Form 1040 or 1040-SR from line 11 of second Form 4952 for the AMT as Form 1040 or 1040-SR before entering follows. Line 2d—Depletion the result on line 1. Refigure your depletion deduction for Step 1. Follow the Form 4952 Form 1040-NR. If you are filing Form instructions for line 1, but, when the AMT. To do so, use only income 1040-NR, enter the amount from Form completing line 1, also include any and deductions allowed for the AMT 1040-NR, line 15. If Form 1040-NR, interest that would have been when refiguring the limit based on line 15, is zero, subtract line 14 from deductible if tax-exempt interest on taxable income from the property under line 11 of Form 1040-NR and enter the private activity bonds were includible in section 613(a) and the limit based on result. If less than zero, enter as a gross income. taxable income, with certain adjustments, under section 613A(d)(1). negative amount. Step 2. Enter your AMT disallowed Also, your depletion deduction for Line 2a—Taxes investment interest expense from 2021 mines, wells, and other natural deposits Enter the amount of all taxes from on line 2. Complete line 3. under section 611 is limited to the Schedule A (Form 1040), line 7, except Step 3. When completing Part II, property's adjusted basis at the end of refigure the following amounts, taking the year, as refigured for the AMT, -2- Instructions for Form 6251 (2022) |
Page 3 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. unless you are an independent disaster recovery assistance losses (as send you a Form 1099-INT showing the producer or royalty owner claiming defined in Pub. 4492-B, Information for amount of this interest in box 9. percentage depletion for oil and gas Affected Taxpayers in the Midwestern Generally, the term “specified private wells under section 613A(c). Figure this Disaster Areas), or a 2008 or 2009 loss activity bond” means any private activity limit separately for each property. When that you elected to carry back more than bond (as defined in section 141) the refiguring the property's adjusted basis, 2 years under section 172(b)(1)(H). interest on which isn’t includible in gross take into account any AMT adjustments Therefore, if an ATNOL that is carried income for the regular tax, if the bond you made this year or in previous years back or carried forward to the tax year is was issued after August 7, 1986. But that affect basis (other than current year attributable to any of those losses, the specified private activity bonds depletion). ATNOLD for the tax year is limited to the generally don’t include any bonds sum of: Enter the difference between the issued in 2009 or 2010. See section regular tax and AMT deduction. If the 1. The smaller of: 57(a)(5) for other exceptions and more AMT deduction is more than the regular a. The sum of the ATNOL details. tax deduction, enter the difference as a carrybacks and carryforwards to the tax Don’t include interest on qualified negative amount. year attributable to net operating losses New York Liberty Bonds, qualified Gulf other than those losses described in 2a Opportunity Zone bonds, qualified Line 2f—Alternative Tax Net below, or Midwestern disaster area bonds, or Operating Loss Deduction b. 90% of AMTI for the tax year qualified Hurricane Ike disaster area (ATNOLD) (figured without regard to the ATNOLD); bonds. The ATNOLD is the sum of the plus Exempt-interest dividends paid by a alternative tax net operating loss 2. The smaller of: mutual fund or other regulated (ATNOL) carrybacks and carryforwards investment company are treated as a. The sum of the ATNOL to the tax year subject to the limitation interest income on specified private carrybacks and carryforwards to the tax explained later. Figure your ATNOLD as activity bonds to the extent the year attributable to qualified disaster follows. dividends are attributable to interest on losses, qualified Gulf Opportunity Zone Your ATNOL for a loss year is the losses, qualified recovery assistance the bonds received by the company, excess of the deductions allowed for losses, qualified disaster recovery minus an allocable share of the figuring AMTI (excluding the ATNOLD) assistance losses, and any 2008 or expenses paid or incurred by the over the income included in AMTI. 2009 loss that you elected to carry back company in earning the interest. This Figure this excess with the more than 2 years under section 172(b) amount should be reported to you on modifications in section 172(d), taking (1)(H), or Form 1099-DIV in box 13. into account your AMT adjustments and b. 100% of AMTI for the tax year If you are filing Form 8814, Parents' preferences (that is, the section 172(d) (figured without regard to the ATNOLD) Election To Report Child's Interest and modifications must be separately reduced by the amount determined Dividends, include on this line any figured for the ATNOL). For example, under (1). tax-exempt interest income from line 1b the limitation of nonbusiness deductions of that form that is a preference item. to the amount of nonbusiness income Enter on line 2f the smaller of the must be separately figured for the ATNOLD or the ATNOLD limitation. Line 2h—Qualified Small ATNOL, using only nonbusiness income Enter it as a negative amount. Business Stock If you claimed the exclusion under and deductions that are included in Any ATNOL not used generally may section 1202 for gain on qualified small AMTI. be carried back 2 years or forward up to business stock acquired before Your ATNOLD may be limited. To 20 years if it arose before your 2018 tax September 28, 2010, and held more figure the ATNOLD limitation, you must year. Any ATNOL arising after your than 5 years, multiply the excluded gain first figure your AMTI without regard to 2020 tax year generally may be carried (as shown on Form 8949 in column (g)) the ATNOLD. To do this, first figure a forward indefinitely. For more by 7% (0.07). Enter the result on line 2h tentative amount for line 2d by treating information about carryover periods and as a positive amount. line 2f as if it were zero. Next, figure a special rules for 2018 through 2020 tentative total of lines 1 through 3 using losses, see Pub. 536. Line 2i—Exercise of Incentive the tentative line 2d amount and treating Stock Options line 2f as if it were zero. This is your The treatment of ATNOLs doesn’t AMTI figured without regard to the affect your regular tax NOL. However, if For the regular tax, no income is ATNOLD. Your ATNOLD is limited to you elected under section 172(b)(3) to recognized when an incentive stock 90% of the result. forgo the carryback period for the option (ISO), as defined in section regular tax, the election also applies for 422(b), is exercised. However, this rule However, the 90% limit doesn’t apply the AMT. doesn’t apply for the AMT. Instead, you to an ATNOL that is attributable to must generally include on line 2i the qualified disaster losses before Line 2g—Interest From Private excess, if any, of: December 19, 2004 (as defined in Activity Bonds 1. The fair market value of the stock section 172(j)), qualified Gulf Enter on line 2g interest income from acquired through exercise of the option Opportunity Zone losses (as defined in “specified private activity bonds” (determined without regard to any lapse section 1400N(k)(2)), qualified recovery reduced (but not below zero) by any restriction) when your rights in the assistance losses (as defined in Pub. deduction that would have been acquired stock first become transferable 4492-A, Information for Taxpayers allowable if the interest were includible or when these rights are no longer Affected by the May 4, 2007, Kansas in gross income for the regular tax. Each subject to a substantial risk of forfeiture; Storms and Tornadoes), qualified payer of this type of interest should over Instructions for Form 6251 (2022) -3- |
Page 4 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. The amount you paid for the 1. Gain or loss from the sale, Enter on line 2k the combined stock, including any amount you paid for exchange, or involuntary conversion of adjustments for the four items listed the ISO used to acquire the stock. property reported on Form 4797, Sales earlier. of Business Property; Even if your rights in the stock aren’t Example. On March 13, 2021, your transferable and are subject to a 2. Casualty gain or loss to business filing status is single, you paid $20,000 substantial risk of forfeiture, you may or income-producing property reported to exercise an ISO (which was granted elect to include in AMT income the on Form 4684, Casualties and Thefts; to you on January 3, 2020) to buy 200 excess of the stock's fair market value 3. Ordinary income from the shares of stock worth $200,000. The (determined without regard to any lapse disposition of property not already taken $180,000 difference between your cost restriction) over the exercise price upon into account in (1) or (2) or on any other and the value of the stock at the time the transfer to you of the stock acquired line on Form 6251, such as a you exercised the option isn’t taxable for through exercise of the option. You disqualifying disposition of stock the regular tax. Your regular tax basis in must make the election by the 30th day acquired in a prior year by exercising an the stock at the end of 2021 is $20,000. after the date of the transfer. See Pub. incentive stock option; and For the AMT, however, you must include the $180,000 as an adjustment 525 for more details. 4. Capital gain or loss (including any on your 2021 Form 6251. Your AMT If you acquired stock by exercising carryover that is different for the AMT) basis in the stock at the end of 2021 is an ISO and you disposed of that stock in reported on Form 8949, Sales and $200,000. the same year, the tax treatment under Other Dispositions of Capital Assets, or the regular tax and the AMT is the Schedule D (Form 1040), Capital Gains On January 18, 2022, you sold 100 of same, and no adjustment is required. and Losses. the shares for $75,000. Because you didn’t hold these shares more than 1 First figure any ordinary income Increase your AMT basis in any stock year, that sale is a disqualifying adjustment related to (3) above. Then, acquired through the exercise of an ISO disposition. For the regular tax, you refigure Form 4684, Form 4797, Form by the amount of the adjustment. Keep have ordinary income of $65,000 8949, and Schedule D for the AMT, if adequate records for both the AMT and ($75,000 minus your $10,000 basis in applicable, by taking into account any regular tax so that you can figure your the 100 shares). You have no capital adjustments you made this year or in adjustment. See the instructions for gain or loss for the regular tax resulting previous years that affect your basis or line 2k. from the sale. For the AMT, you have no otherwise result in a different amount for ordinary income, but have a short-term Form 3921. If you received a Form the AMT. When you refigure your gain capital loss of $25,000 ($75,000 minus 3921, it may help you figure your or loss on Form 8949 for AMT, the your $100,000 AMT basis in the 100 adjustment. amount of gain you elected to defer for shares). Example. You exercised an ISO to regular tax purposes due to an acquire 100 shares of stock in 2022. investment in a qualified opportunity On April 21, 2022, you sold the other Your rights in the acquired stock first fund may need to be adjusted on your 100 shares for $60,000. Because you held the shares for more than 1 year became transferable on the date you AMT Form 8949. An adjustment may be and more than 2 years had passed exercised the ISO and weren’t subject required if the regular tax and AMT since the option was granted to you, the to a substantial risk of forfeiture. You adjusted basis of the property you sold sale isn’t a disqualifying disposition. For didn’t pay anything for the ISO. You prior to your investment is different. the regular tax, you have a long-term didn’t sell the acquired stock during If you have a capital loss after capital gain of $50,000 ($60,000 minus 2022. You received a Form 3921 that refiguring Schedule D for the AMT, your regular tax basis of $10,000). For shows $10 in box 3 (the exercise price apply the $3,000 capital loss limitation the AMT, you have a long-term capital you paid for each share), $25 in box 4 separately to the AMT loss. Because loss of $40,000 ($60,000 minus your (the fair market value of each share on the amount of your gains and losses AMT basis of $100,000). the exercise date), and 100 shares in may be different for the AMT, the You have no other sales of stock or box 5 (the number of shares you amount of any capital loss carryover other capital assets for 2022. You enter acquired). To figure your adjustment, may also be different for the AMT. See a total negative adjustment of $118,000 multiply the amount in box 4, $25, by the the following example. To figure your on line 2k of your 2022 Form 6251, 100 shares in box 5. The result is AMT capital loss carryover, fill out an figured as follows. $2,500, the fair market value of all the AMT Capital Loss Carryover Worksheet • You figure a negative adjustment of shares. Then, multiply the amount in in the Schedule D instructions. $65,000 for the difference between the box 3, $10, by the 100 shares in box 5. $65,000 of regular tax ordinary income The result is $1,000, the amount you For each of the four items listed paid for all the shares. Your adjustment earlier, figure the difference between the and the $0 of AMT ordinary income for is $1,500 ($2,500 − $1,000). Enter it on amount included in taxable income for the first sale. Form 6251, line 2i. the regular tax and the amount included • For the regular tax, you have $50,000 in income for the AMT. Include the capital gain net income from the second Line 2k—Disposition of difference as a negative amount on sale. For the AMT, you have a $25,000 Property line 2k if (a) both the AMT and regular short-term capital loss from the first Your AMT gain or loss from the tax amounts are zero or more and the sale, and a $40,000 long-term capital disposition of property may be different AMT amount is less than the regular tax loss from the second sale, resulting in a from your gain or loss for the regular tax. amount; or (b) the AMT amount is a net capital loss of $65,000 for the AMT. This is because the property may have loss, and the regular tax amount is a However, only $3,000 of the $65,000 a different adjusted basis for the AMT. smaller loss, or is zero or more. net capital loss is allowed for 2022 for the AMT. The difference between the Use this line to report any AMT regular tax gain of $50,000 and the adjustment resulting from refiguring: -4- Instructions for Form 6251 (2022) |
Page 5 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $3,000 loss allowed for the AMT results section 203(a)(1)(B) of the Tax Reform • Property depreciated under the in a $53,000 negative adjustment to Act of 1986, this rule applies to property unit-of-production method or any other include on line 2k. placed in service after July 31, 1986.) method not expressed in a term of You have an AMT capital loss years. carryover from 2022 to 2023 of $62,000, What Depreciation Isn’t Refigured • Indian reservation property that of which $22,000 is short term and for the AMT? meets the requirements of section $40,000 is long term. If you have no 168(j). • A natural gas gathering line placed in other Form 8949 or Schedule D Don’t refigure depreciation for the AMT service after April 11, 2005. transactions for 2023, your adjustment for the following. reported on your 2023 Form 6251 would Residential rental property placed in • be limited to ($3,000), the amount of service after 1998. How Is Depreciation Refigured for your capital loss limitation for 2023. Nonresidential real property with a the AMT? • Line 2l—Post-1986 class life of 27.5 years or more placed in Property placed in service before Depreciation service after 1998 that is depreciated for 1999. Refigure depreciation for the the regular tax using the straight line AMT using ADS, with the same To avoid duplication, any AMT method. convention used for the regular tax. See ! adjustment or tax preference • Other section 1250 property placed in the following table for the method and CAUTION item taken into account on this service after 1998 that is depreciated for recovery period to use. line shouldn’t be taken into account in the regular tax using the straight line figuring the amount to enter on any method. Property Placed in Service Before 1999 other adjustment or tax preference item • Property (other than section 1250 line of this form. property) placed in service after 1998 IF the property is... THEN use the... that is depreciated for the regular tax section 1250 property straight line method This section describes when using the 150% declining balance over 40 years. depreciation must be refigured for the method or the straight line method. tangible property straight line method • AMT and how to figure the amount to Property for which you elected to use (other than section over the property's enter on line 2l. the alternative depreciation system 1250 property) AMT class life. Don’t use line 2l for depreciation (ADS) of section 168(g) for the regular depreciated using related to the following. tax. straight line method for • Passive activities. Take this • Qualified property that is or was the regular tax adjustment into account on line 2m. eligible for a special depreciation any other tangible 150% declining • An activity for which you aren’t at risk. allowance if the depreciable basis of the property balance method, Take this adjustment into account on property is the same for the AMT and switching to straight line 2n. the regular tax. This applies to any line method the first • Income or loss from a partnership or special depreciation allowance, tax year it gives a an S corporation if the basis limitations including those for disaster assistance larger deduction, over the property's AMT apply. Take this adjustment into account property, reuse and recycling property, class life. on line 2n. cellulosic biofuel plant property, second • A tax shelter farm activity. Take this generation biofuel plant property, New adjustment into account on line 3. York Liberty Zone property, Gulf Opportunity Zone property, and Kansas disaster area recovery assistance Property placed in service after What Depreciation Must Be property. The special allowance is 1998. Use the same convention and Refigured for the AMT? deductible for the AMT, and no recovery period used for the regular tax. adjustment is required for any For property other than section 1250 Generally, you must refigure depreciation figured on the remaining property, use the 150% declining depreciation for the AMT, including basis of the qualified property because balance method, switching to straight depreciation allocable to inventory the depreciable basis of the property is line the first tax year it gives a larger costs, for: the same for the AMT and the regular deduction. For section 1250 property, • Property placed in service after 1998 tax. If you elected not to have any use the straight line method. that is depreciated for the regular tax special depreciation allowance apply, using the 200% declining balance the property may be subject to an AMT How Is the AMT Class Life method (generally 3-, 5-, 7-, and adjustment for depreciation if it was Determined? 10-year property under the modified placed in service before 2016. It isn’t accelerated cost recovery system subject to an AMT adjustment for The class life used for the AMT isn’t (MACRS), except for certain qualified depreciation if it was placed in service necessarily the same as the recovery property eligible for the special after 2015. period used for the regular tax. The depreciation allowance (discussed • Any part of the cost of any property class lives for the AMT are listed in Rev. later)); for which you elected to take a section Proc. 87-56, 1987-2 C.B. 674, and in • Section 1250 property placed in 179 expense deduction. The reduction Pub. 946, How To Depreciate Property. service after 1998 that isn’t depreciated to the depreciable basis of section 179 Use 12 years for any tangible personal for the regular tax using the straight line property by the amount of the section property not assigned a class life. method; and 179 expense deduction is the same for • Tangible property placed in service the regular tax and the AMT. after 1986 and before 1999. (If the • Motion picture films, videotapes, or transitional election was made under sound recordings. Instructions for Form 6251 (2022) -5- |
Page 6 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See Pub. 946 for tables that can The amount of any AMT For passive activities, see the line 2m TIP be used to figure AMT TIP passive activity loss that isn’t instructions instead. For tax shelter farm depreciation. Rev. Proc. 89-15, deductible and is carried activities (that aren’t passive), see the 1989-1 C.B. 816, has special rules for forward is likely to differ from the regular line 3 instructions. short years and for property disposed of tax amount, if any. Therefore, keep before the end of the recovery period. adequate records for both the AMT and Refigure your gains and losses from regular tax. activities for which you aren’t at risk and basis limitations applicable to How Is the Adjustment Figured? partnerships and S corporations by Enter the difference between the Subtract the AMT deduction for amount that would be reported for the taking into account all AMT adjustments depreciation from the regular tax activity on Schedule C, E, or F or Form and preferences that apply. See deduction and enter the result. If the 4835, Farm Rental Income and sections 59(h), 465, 704(d), and AMT deduction is more than the regular Expenses, for the AMT and the regular 1366(d). tax deduction, enter the difference as a tax amount. If (a) the AMT loss is more Enter the difference between the negative amount. than the regular tax loss, (b) the AMT amount that would be reported for the gain is less than the regular tax gain, or activity on Schedule C, E, or F or Form In addition to the AMT adjustment to (c) you have an AMT loss and a regular 4835 for the AMT and the regular tax your deduction for depreciation, also tax gain, enter the adjustment as a amount. If (a) the AMT loss is more than adjust the amount of depreciation that negative amount. the regular tax loss, (b) the AMT gain is was capitalized, if any, to account for less than the regular tax gain, or (c) you Enter any adjustment for amounts the difference between the rules for the have an AMT loss and a regular tax reported on Form 8949, Schedule D, regular tax and the AMT. Include on this gain, enter the adjustment as a negative Form 4684, or Form 4797, for the line the current year adjustment to amount. activity on line 2k instead of line 2m. taxable income, if any, resulting from See the instructions for line 2k. the difference. The AMT amount of any gain or TIP loss from activities for which you Line 2m—Passive Activities Publicly Traded Partnership (PTP) aren’t at risk is likely to differ Refigure your passive activity gains and from the regular tax amount. Your AMT losses for the AMT by taking into If you had a loss from a PTP, refigure basis in partnerships and S corporations account all adjustments and the loss using any AMT adjustments is also likely to differ from your regular preferences and any AMT prior year and preferences and any AMT prior tax basis. Therefore, keep adequate unallowed losses that apply to that year unallowed loss. records for both the AMT and regular activity. You may fill out an AMT Form tax. 8582, Passive Activity Loss Limitations, Tax Shelter Passive Farm and AMT versions of the other forms or Activities Enter any adjustment for amounts schedules on which your passive reported on Form 8949, Schedule D, activities are reported, to determine Form 4684, or Form 4797, for the your passive activity loss allowed for the Refigure any gain or loss from a tax AMT, but don’t file the AMT versions of shelter passive farm activity taking into activity on line 2k instead of line 2n. these forms and schedules with your tax account all AMT adjustments and Line 2o—Circulation Costs return. Instead, keep them with your preferences and any AMT prior year records. unallowed losses. If the amount is a Don’t make this adjustment for gain, include it on the AMT Form 8582. costs for which you elected the Example. You are a partner in a If the amount is a loss, don’t include it CAUTION! optional 3-year write-off for the partnership and the Schedule K-1 (Form on the AMT Form 8582. Carry the loss regular tax. 1065) you received shows the following. forward to 2023 to see if you have a Circulation costs (expenditures to • A passive activity loss of $4,125. gain or loss from tax shelter passive establish, maintain, or increase the • A depreciation adjustment of $500 on farm activities for 2023. circulation of a newspaper, magazine, post-1986 property. or other periodical) deducted in full for • An adjustment of $225 on the Insolvency the regular tax in the year they were disposition of property. paid or incurred must be capitalized and Because the two adjustments above If at the end of the tax year your amortized over 3 years for the AMT. are from the passive activity and aren’t liabilities exceed the fair market value of Enter the difference between the regular allowed for the AMT, you must first your assets, increase your passive tax and AMT deduction. If the AMT reduce the passive activity loss by those activity loss allowed by that excess (but deduction is more than the regular tax amounts. The result is a passive activity not by more than your total loss). See deduction, enter the difference as a loss for the AMT of $3,400. You then section 58(c)(1). negative amount. enter this amount on the AMT Form 8582 and refigure the allowable passive Line 2n—Loss Limitations If you had a loss on property for activity loss for the AMT. To avoid duplication, any AMT which circulation costs haven’t been fully amortized for the AMT, your AMT ! adjustment or tax preference deduction is the smaller of (a) the loss CAUTION item taken into account on this line shouldn’t be taken into account in allowable for the costs had they figuring the amount to enter on any remained capitalized, or (b) the other adjustment or tax preference item remaining costs to be amortized for the line of this form. AMT. -6- Instructions for Form 6251 (2022) |
Page 7 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 2p—Long-Term Contracts Line 2r—Research and amortized these IDCs over a 120-month To avoid duplication, any AMT Experimental Costs period starting with the month the well was placed in production. If you prefer ! adjustment or tax preference Don’t make this adjustment for not to use the 120-month period, you CAUTION item taken into account on this ! costs paid or incurred in can elect to use any method that is line shouldn’t be taken into account in CAUTION connection with an activity in permissible in determining cost figuring the amount to enter on any which you materially participated under depletion. other adjustment or tax preference item the passive activity rules or for costs for line of this form. which you elected the optional 10-year Net income. Determine net income by For the AMT, you must generally use write-off for the regular tax. reducing the gross income that you received or accrued during the tax year the percentage-of-completion method Research and experimental costs from all oil, gas, and geothermal wells described in section 460(b) to deducted in full for the regular tax in the by the deductions allocable to those determine your income from any tax year they were paid or incurred must wells (reduced by the excess IDCs). long-term contract (defined in section be capitalized and amortized over 10 When refiguring net income, use only 460(f)). However, this rule doesn’t apply years for the AMT. Enter the difference income and deductions allowed for the to any home construction contract (as between the regular tax and AMT AMT. defined in section 460(e)(5) (formerly deduction. If the AMT deduction is more Exception. The preference for IDCs designated 460(e)(6)). For contracts than the regular tax deduction, enter the from oil and gas wells doesn’t apply to excepted from the difference as a negative amount. taxpayers who are independent percentage-of-completion method for the regular tax by section 460(e)(1), use If you had a loss on property for producers (that is, not integrated oil the simplified procedures for allocating which research and experimental costs companies as defined in section 291(b) costs outlined in section 460(b)(3) to haven’t been fully amortized for the (4)). However, this benefit may be determine the percentage of AMT, your AMT deduction is the smaller limited. First, figure the IDC preference completion. of (a) the loss allowable for the costs as if this exception didn’t apply. Then, had they remained capitalized, or (b) the for purposes of this exception, complete Enter the difference between the Form 6251 through line 3, including the remaining costs to be amortized for the AMT and regular tax income. If the AMT IDC preference and treating line 2f as if AMT. income is smaller, enter the difference it were zero, and combine lines 1 as a negative amount. Line 2s—Installment Sales through 3. If the amount of the IDC The installment method doesn’t apply preference exceeds 40% of the total of Note. If you are required to use the lines 1 through 3 (figured as described for the AMT to any nondealer percentage-of-completion method for in the preceding sentence), enter the disposition of property after August 16, either the regular tax or the AMT, you excess on line 2t (your benefit from this 1986, but before January 1, 1987, if an may owe or be entitled to a refund of exception is limited). Otherwise, don’t installment obligation to which the interest for the tax year the contract is enter an amount on line 2t (your benefit proportionate disallowance rule applied completed or adjusted. For details, see from this exception isn’t limited). arose from the disposition. Enter the Form 8697, Interest Computation Under amount of installment sale income the Look-Back Method for Completed Line 3—Other Adjustments reported for the regular tax as a Long-Term Contracts. Enter on line 3 the total of any other negative amount on line 2s. adjustments that apply to you, including Line 2q—Mining Costs the following. Line 2t—Intangible Drilling Don’t make this adjustment for Costs (IDCs) Depreciation Figured Using ! costs for which you elected the Don’t make this adjustment for CAUTION optional 10-year write-off for the Pre-1987 Rules regular tax. ! costs for which you elected the CAUTION optional 60-month write-off for Mining exploration and development the regular tax. This preference generally applies only costs deducted in full for the regular tax to property placed in service after 1987, in the tax year they were paid or IDCs from oil, gas, and geothermal but depreciated using pre-1987 rules incurred must be capitalized and wells are a preference to the extent that due to transitional provisions of the Tax amortized over 10 years for the AMT. the excess IDCs are more than 65% of Reform Act of 1986. Enter the difference between the regular the net income from the wells. Figure tax and AMT deduction. If the AMT the preference for all oil and gas For the AMT, you must use the deduction is more than the regular tax properties separately from the straight line method to figure deduction, enter the difference as a preference for all geothermal properties. depreciation on real property for which negative amount. Excess IDCs. Figure excess IDCs as accelerated depreciation was If you had a loss on property for follows. determined using pre-1987 rules. Use a recovery period of 19 years for 19-year which mining costs haven’t been fully Step 1. Determine the amount of real property and 15 years for amortized for the AMT, your AMT your IDCs allowed for the regular tax low-income housing. For leased deduction is the smaller of (a) the loss under section 263(c), but don’t include personal property other than recovery allowable for the costs had they any section 263(c) deduction for property, enter the amount by which remained capitalized, or (b) the nonproductive wells. your regular tax depreciation using the remaining costs to be amortized for the AMT. Step 2. Subtract from the amount pre-1987 rules exceeds the determined in Step 1 the amount that depreciation allowable using the straight would have been allowed had you line method. For leased 10-year Instructions for Form 6251 (2022) -7- |
Page 8 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. recovery property and leased 15-year the regular tax loss, (b) the AMT gain is next to Schedule A, line 16, as your public utility property, enter the amount less than the regular tax gain, or (c) you “Standard Deduction Claimed With by which your regular tax depreciation have an AMT loss and a regular tax Qualified Disaster Loss.” exceeds the depreciation allowable gain, enter the adjustment as a negative using the straight line method with a amount. If you filed Schedule A to itemize half-year convention, no salvage value, your deductions, then don't make this and a recovery period of 15 years (22 Enter any adjustment for amounts adjustment. years for 15-year public utility property). reported on Form 8949, Schedule D, Form 4684, or Form 4797 for the activity Related Adjustments Figure the excess of the regular tax on line 2k instead of line 3. depreciation over the AMT depreciation If you have an entry on line 2c because separately for each property and include Charitable Contributions of Certain you deducted investment interest on line 3 only positive amounts. Property allocable to an interest in a trade or business, or on line 2d, 2h, 2i, or 2k Pollution Control Facilities If you made a charitable contribution of through 2t, or you have any amount property to which section 170(e) applies included on line 3 from pre-1987 The section 169 election to amortize the and you had a different basis for AMT depreciation, pollution control facilities, basis of a certified pollution control purposes, you may have to make an or tax shelter farm activities, you may facility over a 60-month or 84-month adjustment. See section 170(e) for have to refigure any item of income or period isn’t available for the AMT. For details. deduction based on a limit of income facilities placed in service before 1999, other than AGI or modified AGI. figure the AMT deduction using ADS. Business Interest Limitation For facilities placed in service after Affected items include the following. 1998, figure the AMT deduction under Complete an AMT Form 8990 using • Section 179 expense deduction MACRS using the straight line method. amounts adjusted for AMT. Enter the (Form 4562, line 12). Enter the difference between the regular difference between the AMT and regular • Expenses for business or rental use tax and AMT deduction. If the AMT tax allowable interest expense. If line 30 of your home. deduction is more than the regular tax of the AMT Form 8990 is more than the • Conservation expenses (Schedule F deduction, enter the difference as a amount on line 30 of the regular tax (Form 1040), line 12). negative amount. Form 8990, enter the difference as a • Taxable IRA distributions (Form negative amount. 1040, 1040-SR, or 1040-NR, line 4b), if Tax Shelter Farm Activities prior year IRA deductions were different Biofuel Producer Credit and for the AMT and the regular tax. Figure this adjustment only if you have a Biodiesel and Renewable Diesel • Self-employed health insurance gain or loss from a tax shelter farm deduction (Schedule 1 (Form 1040), activity (as defined in section 58(a)(2)) Fuels Credit line 17). that isn’t a passive activity. If the activity • Self-employed SEP, SIMPLE, and is passive, you must include it with your If your taxable income includes the qualified plans deduction (Schedule 1 other passive activities on line 2m. amount of the biofuel producer credit or (Form 1040), line 16). biodiesel and renewable diesel fuels IRA deduction (Schedule 1 (Form • credit, include that amount as a Refigure all gains and losses you 1040), line 20), affected by the earned negative amount on line 3. reported for the regular tax from tax income limitation of section 219(b)(1) shelter farm activities by taking into (B). account any AMT adjustments and Mortgage Interest preferences. Determine your tax shelter Figure the difference between the farm activity gain or loss for the AMT If you deducted home mortgage interest AMT and regular tax amount for each using the same rules you used for the on Schedule A for a dwelling that isn’t a item. Combine the amounts for all your regular tax with the following principal residence (within the meaning related adjustments and include the modifications. of section 121) or qualified dwelling for total on line 3. Keep a copy of all • No refigured loss is allowed, except AMT, include that deducted interest on computations for your records, including to the extent you are insolvent (see line 3. A qualified dwelling for AMT is a any AMT carryover and basis amounts. section 58(c)(1)). house, apartment, condominium, or • Don’t use a refigured loss in the mobile home not used on a transient Don’t include on line 3 any current tax year to offset gains from basis. A qualified dwelling for AMT ! adjustment for an item you other tax shelter farm activities. Instead, doesn’t include house boats and CAUTION refigured on another line of this suspend any refigured loss and carry it recreational vehicles. form (for example, line 2d). forward indefinitely until (a) you have a Example. On your Schedule C gain in a subsequent tax year from that Net Qualified Disaster Loss (Form 1040), you have a net profit of same activity, or (b) you dispose of the $9,000 before figuring your section 179 activity. If you filed Schedule A to claim an deduction. You don’t report any other increased standard deduction on Form business income on your return. During Enter the difference between the 1040 or Form 1040-SR due to a loss the year, you purchased an asset for amount that would be reported for the you suffered related to property in a $10,000 for which you elect to take the activity on Schedule E or F or Form federally declared disaster area, then section 179 deduction. You also have 4835 for the AMT and the regular tax include on line 3 the standard deduction an AMT depreciation adjustment of amount. If (a) the AMT loss is more than amount you listed on the dotted line -8- Instructions for Form 6251 (2022) |
Page 9 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $700 for other assets depreciated on Special Rule for Holders of a IF your filing AND line 4 is THEN enter on status is... not over... line 5... your Schedule C. Residual Interest in a REMIC Your section 179 deduction for the Single $ 539,900 $ 75,900 regular tax is limited to your net profit If you held a residual interest in a real Married filing 539,900 59,050 (before any section 179 deduction) of estate mortgage investment conduit separately $9,000. The $1,000 excess is a section (REMIC) in 2022, the amount you enter Qualifying 1,079,800 118,100 179 deduction carryforward for the on line 4 may not be less than the surviving spouse regular tax. amount on Schedule E, line 38, column For the AMT, your net profit is (c). If the amount in column (c) is larger $9,700, and you are allowed a section than the amount you would otherwise Line 7 179 deduction of $9,700 for the AMT. enter on line 4, enter the amount from If you claimed the foreign earned You have a section 179 deduction column (c) instead and enter “Sch. Q” income exclusion, housing exclusion, or carryforward of $300 for the AMT. on the dotted line next to line 4. housing deduction on Form 2555, you must use the Foreign Earned Income You include a $700 negative If your filing status is married filing Tax Worksheet in these instructions to adjustment on line 3 because your separately, be sure to include the figure the amount to enter on line 7. section 179 deduction for the AMT is additional amount that must be added to $700 greater than your allowable line 4 (as explained above) before you Form 1040-NR. If you are filing Form regular tax deduction. In the following compare line 4 with the amount on 1040-NR and you reported capital gain year, when you use the $1,000 regular Schedule E, line 38, column (c). distributions directly on Form 1040-NR, tax carryforward, you will have a $700 line 7; you reported qualified dividends positive related adjustment for the AMT Part II—Alternative on Form 1040-NR, line 3a; or you had a because your AMT carryforward is only gain on both lines 15 and 16 of $300. Minimum Tax Schedule D (Form 1040) (as refigured Line 4—Alternative Minimum Line 5—Exemption Amount for the AMT, if necessary), complete Part III of Form 6251 and enter the Taxable Income If line 4 is more than the amount shown amount from line 40 on line 7. All other for your filing status in the middle If your filing status is married filing Form 1040-NR filers, don’t complete column of the chart on line 5, see the separately and line 4 is more than Part III. Instead, if Form 6251, line 6, is Exemption Worksheet to figure the $776,100, you must include an $206,100 or less ($103,050 or less if amount to enter on line 5. additional amount on line 4. If line 4 is married filing separately), figure the $1,012,300 or more, include an Form 1040-NR. If you are filing Form amount to enter on line 7 by multiplying additional $59,050. Otherwise, include 1040-NR, use the following chart to line 6 by 26% (0.26). Otherwise, figure 25% of the excess of the amount on figure the amount to enter on line 5. the amount to enter on line 7 by line 4 over $776,100. For example, if the However, if line 4 is more than the multiplying line 6 by 28% (0.28) and amount on line 4 is $796,100, enter amount shown for your filing status in subtracting $4,122 ($2,061 if married $801,100 instead—the additional the middle column of the chart, use the filing separately) from the result. $5,000 is 25% of $20,000 ($796,100 Exemption Worksheet to figure the minus $776,100). amount to enter on line 5. Line 8—Alternative Minimum Tax Foreign Tax Credit (AMTFTC) The AMTFTC is a credit that you can Exemption Worksheet— claim against the AMT. You will figure Line 5 Keep for Your Records the AMTFTC using the same limitation rules that apply to the foreign tax credit Note. If Form 6251, line 4, is equal to or more than $843,500 if single or head of household, for regular tax purposes, but with AMT $1,552,200 if married filing jointly or qualifying surviving spouse, or $776,100 if married filing separately, your exemption is zero. Don’t complete this worksheet; instead, enter the amount from amounts. However, you may be able to Form 6251, line 4, on line 6 and go to line 7. simplify your AMTFTC calculation by electing to use some of the same 1. Enter: $75,900 if single or head of household; $118,100 if married amounts you used to figure your foreign filing jointly or qualifying surviving spouse; $59,050 if married filing tax credit. See Simplified Limitation separately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Election, later, for more information. 2. Enter your alternative minimum taxable Do I need to fill out line 8? Before income (AMTI) from Form 6251, line 4 . . . . . . 2. figuring your AMTFTC, figure your 3. Enter: $539,900 if single or head of foreign tax credit for the regular tax and household; $1,079,800 if married filing jointly complete Schedule 3 (Form 1040), or qualifying surviving spouse; $539,900 if line 1. Next, fill in Form 6251, line 10, as married filing separately . . . . . . . . . . . . . . . . . 3. instructed. If the amount on line 10 is 4. Subtract line 3 from line 2. If zero or less, greater than or equal to the amount on enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. line 7, do the following. 5. Multiply line 4 by 25% (0.25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. • Leave line 8 blank and enter -0- on 6. Subtract line 5 from line 1. If zero or less, enter -0-. Also, enter line 11. this amount on Form 6251, line 5, and go to Form 6251, • See Who Must File, earlier, to find out line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶ 6. if you must attach Form 6251 to your return. Instructions for Form 6251 (2022) -9- |
Page 10 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Determine if you can carry back or instead of the regular tax rate to But you don’t need to make any carry forward your unused 2022 determine if any income is “high-taxed.” adjustments if: AMTFTC. See AMTFTC Carryback and • You qualify for the adjustment Step 2. Complete Part I of each AMT Carryforward, later. If you can carry exception under Qualified Dividends Form 1116 using only income and back or carry forward your unused 2022 and Capital Gain Tax Worksheet deductions that are allowed for the AMT AMTFTC, you will need to complete (Individuals) or Adjustments to foreign and attributable to sources outside the line 8 for your records. qualified dividends under Schedule D United States. If the amount on line 10 is less than Filers in the Instructions for Form 1116, the amount on line 7, figure your Simplified limitation election. If and AMTFTC and enter it on line 8. you previously made or are making the • Line 17 of Form 6251 isn’t more than simplified limitation election, skip Part I $206,100 ($103,050 if married filing Figuring the AMTFTC. If you made an and go to Step 3. For more information separately (on Form 1040, 1040-SR or election to claim the foreign tax credit on about the simplified limitation election, 1040-NR)). your 2022 tax return without filing Form see Simplified Limitation Election, later. Use your capital gains and losses as 1116, your AMTFTC is the same as the foreign tax credit on Schedule 3 (Form Foreign source qualified dividends refigured for the AMT to determine 1040), line 1. Enter that amount on Form and capital gains. If you have any whether your total amounts are less 6251, line 8. For more information about foreign source qualified dividends or than the $20,000 threshold under the electing to claim your foreign tax credit foreign source capital gains (including adjustment exception. If you qualify for without filing Form 1116, see the any foreign source capital gain the adjustment exception, your election Instructions for Form 1116. distributions) or losses, use the also applies when you determine following instructions to determine whether you must adjust your capital Otherwise, figure your AMTFTC as gain distributions or other capital gains whether you must make adjustments to follows. or losses. It also applies to Step 4. those amounts before you include the Step 1. Separate your foreign source amounts on line 1a or line 5 of the AMT To adjust your foreign source income into categories. See the Form 1116. qualified dividends, multiply your foreign Instructions for Form 1116 for source qualified dividends in each information about categories of income. Foreign qualified dividends. You separate category by 0.5357 if the Complete a separate AMT Form 1116 must adjust your foreign source foreign source qualified dividends are for each separate category of income. qualified dividends before you include taxed at a rate of 15%, and by 0.7143 if Write “AMT” and specify the category of those amounts on line 1a of the AMT they are taxed at a rate of 20%. Include income in the top margin of each Form Form 1116 if: the results on line 1a of the applicable 1116. • Line 38 of Form 6251 is smaller than AMT Form 1116. line 39, and Figuring high-taxed income. • Line 17 of Form 6251 is greater than You adjust your foreign source When applying the separate categories zero. qualified dividends taxed at the 0% rate of income, use the applicable AMT rate by not including them on line 1a. Amounts taxed at the 0% rate are on Foreign Earned Income Tax Worksheet—Line 7 Keep for Your Records Before you begin: If Form 6251, line 6, is zero, don’t complete this worksheet. 1. Enter the amount from Form 6251, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2a. Enter the amount from your (and your spouse's if filing jointly) Form 2555, lines 45 and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a. b. Enter the total amount of any itemized deductions or exclusions you couldn't claim because they are related to excluded income . . . . . . . . . . 2b. c. Subtract line 2b from line 2a. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2c. 3. Add lines 1 and 2c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Tax on the amount on line 3. • If you reported capital gain distributions directly on Form 1040 or 1040-SR, line 7; or you reported qualified dividends on Form 1040 or 1040-SR, line 3a; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040) (as refigured for the AMT, if necessary), enter the amount from line 3 of this worksheet on Form 6251, line 12. Complete the rest of Part III of Form 6251. However, before 4.. completing Part III, see Form 2555, later, to see if you must complete Part III with certain modifications. Then, enter the amount from Form 6251, line 40, here. • All others: If line 3 is $206,100 or less ($103,050 or less if married filing separately), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract $4,122 ($2,061 if married filing separately) from the result. 5. Tax on the amount on line 2c. If line 2c is $206,100 or less ($103,050 or less if married filing separately), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and subtract $4,122 ($2,061 if married filing separately) from the result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Subtract line 5 from line 4. Enter the result here and on Form 6251, line 7 . . . . . . . . . . . . . . . . . . . . . . . . 6. -10- Instructions for Form 6251 (2022) |
Page 11 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. line 9 of the Qualified Dividends and • On the AMT Qualified Dividends and line 10. Capital Gain Tax Worksheet or line 22 Capital Gain Tax Worksheet, (a) line 3 of the Schedule D Tax Worksheet. of that worksheet is zero or less, (b) Simplified limitation election. If line 5 of that worksheet is zero, or (c) you previously made or are making the Don’t adjust the amount of any simplified limitation election, complete line 23 of that worksheet is equal to or ! foreign source qualified greater than line 24. Part II and lines 9 through 14. Use your CAUTION dividends you elected to include AMTFTC carryover, if any, on line 10. on line 4g of AMT Form 4952. • On the AMT Schedule D Tax Worksheet, (a) line 18 is zero, (b) line 9 Skip lines 15 and 16. Enter on your AMT is zero or less, or (c) line 45 is equal to Form 1116, line 17, the same amount Individuals with capital gain you entered on that line for the regular or greater than line 46. distributions only. If you have no tax. capital gains or losses other than capital Use Worksheet B in the Instructions gain distributions from box 2a of for Form 1116 if you: Step 4. Enter the amount from line 4 of Form(s) 1099-DIV or substitute • Can’t use Worksheet A, Form 6251 on line 18 of the AMT Form statement(s), you must adjust your • Have foreign source capital gains and 1116 unless you must complete an AMT foreign source capital gain distributions losses in no more than two separate Worksheet for Line 18. In most cases, if you are required to adjust your foreign categories, you must complete an AMT Worksheet source qualified dividends under the • Didn’t have any item of unrecaptured for Line 18 if you completed Part III of rules just described or you would be section 1250 gain or 28% rate gain or Form 6251 and: required to adjust your foreign source loss for the AMT, and • Line 38 of Form 6251 is smaller than qualified dividends if you had any. • Don’t have any capital gains taxed at line 39, and a rate of 0% or 20%. • Line 17 of Form 6251 is greater than To adjust your foreign source capital zero. gain distributions, multiply your foreign Instructions for Worksheets A and But even if you meet the source capital gain distributions in each B. When you complete Worksheet A or requirements above, you don’t need to separate category by 0.5357 if the Worksheet B, use foreign source capital complete an AMT Worksheet for foreign source capital gain distributions gains and losses, as refigured for the Line 18 if: are taxed at a rate of 15%, and by AMT if necessary, and don’t use any 0.7143 if they are taxed at a rate of foreign source capital gains you elected • You qualify for the adjustment exception under Qualified Dividends 20%. Include the results on line 1a of to include on line 4g of AMT Form 4952. and Capital Gain Tax Worksheet the applicable AMT Form 1116. If you are required to complete a (Individuals) or Adjustments to foreign You adjust your foreign source Schedule D for the AMT, use line 16 of qualified dividends under Schedule D capital gain distributions taxed at the 0% that AMT Schedule D to complete line 3 Filers in the Instructions for Form 1116, rate by not including them on line 1a. of Worksheet A or line 4 of the Line 2 and Amounts taxed at the 0% rate are on Worksheet for Worksheet B. Use line 9 of the Qualified Dividends and 0.5357 instead of the number used for • Line 17 of Form 6251 isn’t more than $206,100 ($103,050 if married filing Capital Gain Tax Worksheet or line 22 regular tax to complete lines 11, 13, and separately (on Form 1040, 1040-SR, or of the Schedule D Tax Worksheet. 15 of Worksheet B and to complete 1040-NR)). lines 8, 11, and 17 of the Line 15 Note. Use your capital gains and Don’t adjust the amount of any Worksheet for Worksheet B. losses as refigured for the AMT to CAUTION distributions you elected to ! foreign source capital gain If you don’t qualify to use Worksheet determine whether your total amounts include on line 4g of AMT Form 4952. A or Worksheet B, use the instructions are less than the $20,000 threshold for Capital Gains and Losses in Pub. under the adjustment exception. If you Individuals with other capital 514 to determine the adjustments you have any foreign source qualified gains or losses. If any capital gain or make. When using the instructions in dividends or capital gains (or losses), loss is different for the AMT, use Pub. 514 to determine if you must adjust then you must make the same amounts as refigured for the AMT to foreign source capital gains and losses, adjustment exception election you complete this step. Use Worksheet A in make the following substitutions. made in Step 2. the Instructions for Form 1116 to • When the amount of any AMT gain is determine the adjustments you must in the 15% rate group, multiply it by Instructions for AMT Worksheet make to your foreign source capital 0.5357 instead of the number used for for Line 18. If you must complete an gains or losses (as refigured for the regular tax. AMT Worksheet for Line 18 for your AMT) if you have foreign source capital • When the amount of any AMT gain is AMT Form 1116, you will use the gains or losses (as refigured for the in the 20% rate group, multiply it by Worksheet for Line 18 in the Instructions AMT) in no more than two separate 0.7143 instead of the number used for for Form 1116 and do the following. categories and any of the following regular tax. 1. Enter the amount from Form apply. • When the amount of any AMT gain is 6251, line 4, on line 1 of the worksheet. • You aren’t required to make in the 25% rate group, multiply it by 2. Skip lines 2 and 3 of the adjustments to your foreign source 0.8929 instead of the number used for worksheet. qualified dividends under the rules regular tax. described earlier (or you wouldn’t be • When the amount of any AMT gain is 3. Enter the amount from Form required to make those adjustments if in the 28% rate group, multiply it by 1.0 6251, line 36, on line 4 of the worksheet. you had foreign source qualified instead of the number used for regular 4. Multiply line 4 of the worksheet by dividends). tax. 0.1071 (instead of the number used for regular tax). Enter the result on line 5 of • Line 15 or 16 of the AMT Schedule D Step 3. Complete Part II and lines 9 the worksheet. (Form 1040) is zero or a loss. through 17 of the AMT Form 1116. Use your AMTFTC carryover, if any, on Instructions for Form 6251 (2022) -11- |
Page 12 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 5. Enter the amount from Form AMTFTC. If you do, when figuring your Schedule D is different for the AMT (for 6251, line 33, on line 6 of the worksheet. AMTFTC, you will use the same net example, because of a different basis 6. Multiply line 6 of the worksheet by foreign source income for AMT that you for the AMT due to depreciation 0.2857 (instead of the number used for used for regular tax. (The amount on adjustments, an ISO adjustment, or a regular tax). Enter the result on line 7 of line 17 of your AMT Form 1116 will be different AMT capital loss carryover the worksheet. the same as the amount on line 17 of from 2021). your regular tax Form 1116.) You must 2. You didn’t complete either the 7. Enter the amount from Form make the election for the first tax year Qualified Dividends and Capital Gain 6251, line 30, on line 8 of the worksheet. after 1997 for which you claim an Tax Worksheet or the Schedule D Tax 8. Multiply line 8 of the worksheet by AMTFTC. If you don’t make the election Worksheet because Form 1040, Form 0.4643 (instead of the number used for for that year, you may not make it for a 1040-SR, or Form 1040-NR, line 15, is regular tax). Enter the result on line 9 of later year. Once made, the election zero. the worksheet. applies to all later tax years and may be 9. Enter the amount from Form revoked only with IRS consent. 3. You received a Schedule K-1 (Form 1041) that shows an amount in 6251, line 23, on line 10 of the box 12 with code B, C, D, E, or F. Line 10 worksheet. If you file Form 8978, Partner's Then, use the following instructions 10. Complete lines 11 and 12 of the Additional Reporting Year Tax, you will that apply to you. worksheet, as instructed on the need to decrease the amount you report • If none of the statements apply, go to worksheet. on Form 6251, line 10, by any negative None of the statements apply, later. 11. Enter the amount from your AMT amount reported on Form 8978, line 14 • If only statement (2) applies, go to Worksheet for Line 18 on your AMT (treated as a positive number). If any Only statement (2) applies, later. Form 1116, line 18. additional guidance is provided related • If statement (3) applies (by itself or in to reporting amounts from Form 8978 combination with statement (1) or (2)), Step 5. Enter the amount from Form on Form 6251, we will post it at IRS.gov/ go to Beneficiaries of estates or trusts 6251, line 7, on the AMT Form 1116, Form6251 under Recent Developments. first, then go to Statement (1) or (3) line 20. Complete lines 19 through 24 of applies, later. the AMT Form 1116. If you file Schedule J, Income Step 6. Complete Part IV of the first Averaging for Farmers and Fishermen, • For all other situations, go to Statement (1) or (3) applies, later. AMT Form 1116 only. to figure your tax on Form 1040, 1040-SR, or 1040-NR, line 16, you must None of the statements apply. If (1), Enter on Form 6251, line 8, the refigure that tax (including any tax from (2), or (3) don’t apply, then for Part III of amount from line 35 of the first AMT Form 8814) without using Schedule J these instructions, the AMT versions of Form 1116. before completing this line. This is only your Qualified Dividends and Capital for Form 6251; don’t change the amount Gain Tax Worksheet, Schedule D Tax Attach to your tax return, after Form on Form 1040, 1040-SR, or 1040-NR, Worksheet, Unrecaptured Section 1250 6251, all AMT Forms 1116 (and if line 16. Gain Worksheet, 28% Rate Gain applicable Schedule B (Form 1116)) Worksheet, and Schedule D will be the you used to figure your AMTFTC. But Form 1040-NR. If you are filing Form same as those you used for regular tax don’t attach AMT Forms 1116 if your 1040-NR, add Form 1040-NR, line 16 purposes. Use the regular tax amounts AMTFTC is the same as your regular (minus any tax from Form 4972, Tax on to complete lines 13, 14, and 15. tax foreign tax credit. Lump-Sum Distributions) and Schedule 2 (Form 1040), line 2. Subtract from the If you filed Form 2555, see Form result Schedule 3 (Form 1040), line 1 2555, later, for additional modifications AMTFTC Carryback and you may have to make before entering and any negative amount reported on Carryforward Form 8978, line 14 (treated as a positive amounts on lines 13, 14, and 15. number). If zero or less, enter -0-. If you Statement (1) or (3) applies. If (1) If your AMTFTC is limited, the unused file Schedule J to figure your tax on applies, complete all of the following amount may generally be carried back Form 1040-NR, line 16, refigure that tax steps. If (3) applies, but (1) doesn’t, or forward according to section 904(c). without using Schedule J before complete steps 2 through 4 only. No AMTFTC carryback or carryfor- completing Form 6251, line 10 (see ward allowed in 2022. If you made the preceding paragraph). Step 1. Complete an AMT Form 8949 or, if applicable, lines 1a and 8a of election to claim the foreign tax credit on Line 11 an AMT Schedule D, by refiguring, for your 2022 tax return without filing Form 1116, any unused AMTFTC for 2022 If you are filing Form 1040-NR, enter the example, your basis for the AMT. can’t be carried back or forward. In amount from line 11 on Schedule 2 Step 2. Complete lines 1b through addition, you can’t claim any unused (Form 1040), line 1. 20 of an AMT Schedule D. AMTFTC from another year in 2022. For more information about electing Part III—Tax Computation Step 3. Complete lines 2 through 4 to claim your foreign tax credit without Using Maximum Capital of an AMT Qualified Dividends and Capital Gain Tax Worksheet or lines 2 filing Form 1116, see the Instructions for Gains Rates through 13 of an AMT Schedule D Tax Form 1116. Lines 13, 14, and 15 Worksheet, whichever applies. (See line 20 of your AMT Schedule D, if you Simplified Limitation Election Determine if any of the following completed one, to determine which statements apply. worksheet applies.) You may elect to use a simplified 1. The gain or loss from any section 904 limitation to figure your transaction reported on Form 8949 or -12- Instructions for Form 6251 (2022) |
Page 13 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Complete lines 3 and 4 of the AMT 1. Reduce the amount you would Line 19 Schedule D Tax Worksheet, using your otherwise enter on line 3 of your AMT If you are filing Form 1040-NR, enter AMT Form 4952. Qualified Dividends and Capital Gain $41,675 ($83,350 if your filing status is Tax Worksheet or line 9 of your AMT qualifying surviving spouse). Step 4. Use amounts from the AMT Schedule D Tax Worksheet (but not Qualified Dividends and Capital Gain below zero) by your AMT capital gain Line 20 Tax Worksheet or AMT Schedule D Tax excess. If you are filing Form 1040-NR, enter on Worksheet, whichever applies, and the AMT Schedule D to complete lines 13, 2. Reduce the amount you would Form 6251, line 20, the amount from 14, and 15. otherwise enter on line 2 of your AMT line 5 of the Qualified Dividends and Qualified Dividends and Capital Gain Capital Gain Tax Worksheet, or the If you filed Form 2555, see Form Tax Worksheet or line 6 of your AMT amount from line 14 of the Schedule D 2555, later, for additional modifications Schedule D Tax Worksheet (but not Tax Worksheet, whichever applies (as you may have to make before entering below zero) by any of your AMT capital figured for the regular tax). If you didn’t amounts on lines 13, 14, and 15. gain excess not used in (1). complete either worksheet for the Only statement (2) applies. If (2) 3. Reduce the amount on your AMT regular tax, enter the amount from Form applies, but (1) and (3) don’t, complete Schedule D (Form 1040), line 18, (but 1040-NR, line 15; if zero or less, the following steps. not below zero) by your AMT capital enter -0-. Step 1. Complete lines 2 through 4 gain excess. Form 2555. If you are filing Form 2555, of an AMT Qualified Dividends and 4. Include your AMT capital gain the amount you enter on line 20 will take Capital Gain Tax Worksheet or lines 2 excess as a loss on line 16 of your AMT into account your regular tax capital through 13 of an AMT Schedule D Tax Unrecaptured Section 1250 Gain gain excess, if any. Don’t refigure it Worksheet, whichever applies. (See Worksheet in the Instructions for using the amount of your AMT capital line 20 of your Schedule D to determine Schedule D (Form 1040). gain excess. which worksheet applies.) If you are filing Form 2555 and you Also see the instructions for line 20. Complete lines 3 and 4 of the AMT didn’t complete either the Qualified Schedule D Tax Worksheet, using your Beneficiaries of estates or trusts. If Dividends and Capital Gain Tax AMT Form 4952. you received a Schedule K-1 (Form Worksheet or the Schedule D Tax 1041) that shows an adjustment in Worksheet for the regular tax, enter the Step 2. Use amounts from the AMT box 12, follow the instructions in the amount from line 3 of the Foreign Qualified Dividends and Capital Gain following table. Earned Income Tax Worksheet in the Tax Worksheet or AMT Schedule D Tax Form 1040 instructions (as figured for Worksheet, whichever applies, and the IF the code in THEN include that box 12 is... adjustment in figuring the the regular tax). Schedule D you used for regular tax to amount on... complete lines 13, 14, and 15. Line 25 B line 2 of an AMT Qualified If you filed Form 2555, see Form Dividends and Capital Gain If you are filing Form 1040-NR, enter on 2555, later, for additional modifications Tax Worksheet or an AMT Form 6251, line 25, the amount from the you may have to make before entering Schedule D Tax Worksheet, list below that corresponds to your filing amounts on lines 13, 14, and 15. whichever applies. status. C line 5 of an AMT Schedule D. • $459,750 if single. Keep the AMT Form 8949, AMT $258,600 if married filing separately. TIP Schedule D, and the applicable D line 12 of an AMT Schedule D. • • $517,200 if qualifying surviving AMT worksheet for your E line 11 of an AMT spouse. records, but don’t attach any of them to Unrecaptured Section 1250 your tax return. Gain Worksheet. Line 27 F line 4 of an AMT 28% Rate If you are filing Form 1040-NR, enter on Gain Worksheet. Note. Don’t decrease your section Form 6251, line 27, the amount from 1202 exclusion by the amount, if any, on line 5 of the Qualified Dividends and line 2h. Capital Gain Tax Worksheet, or the Form 1040-NR. If you are filing Form amount from line 21 of the Schedule D Form 2555. If you are filing Form 2555 1040-NR, enter on Form 6251, line 13, Tax Worksheet, whichever applies (as and you have an AMT capital gain the amount from line 4 of the Qualified figured for the regular tax). If you didn’t excess, you must complete Part III of Dividends and Capital Gain Tax complete either worksheet for the Form 6251 with certain modifications. Worksheet, or the amount from line 13 regular tax, enter the amount from Form To see if you have an AMT capital gain of the Schedule D Tax Worksheet, 1040-NR, line 15; if zero or less, excess, subtract Form 6251, line 6, from whichever applies (as refigured for the enter -0-. line 4 of your AMT Qualified Dividends AMT, if necessary). and Capital Gain Tax Worksheet or Form 2555. If you are filing Form 2555, line 10 of your AMT Schedule D Tax Line 18 the amount you enter on line 27 will take Worksheet, whichever applies. If the If you are filing Form 1040-NR and Form into account your regular tax capital result is greater than zero, that amount 6251, line 17, is $206,100 or less gain excess, if any. Don’t refigure it is your AMT capital gain excess. ($103,050 or less if married filing using the amount of your AMT capital If you have AMT capital gain excess, separately), multiply line 17 by 26% gain excess. figure the amounts to enter on lines 13, (0.26). Otherwise, multiply line 17 by If you are filing Form 2555 and you 14, and 15 of Form 6251 using the 28% (0.28) and subtract $4,122 ($2,061 didn’t complete either the Qualified following modifications (only for if married filing separately) from the Dividends and Capital Gain Tax purposes of Part III of Form 6251). result. Worksheet or the Schedule D Tax Instructions for Form 6251 (2022) -13- |
Page 14 of 14 Fileid: … ions/i6251/2022/a/xml/cycle04/source 13:12 - 11-May-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet for the regular tax, enter the ($103,050 or less if married filing if married filing separately) from the amount from Form 6251, line 20. separately), multiply line 12 by 26% result. (0.26). Otherwise, multiply line 12 by Line 39 28% (0.28) and subtract $4,122 ($2,061 If you are filing Form 1040-NR and Form 6251, line 12, is $206,100 or less -14- Instructions for Form 6251 (2022) |