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Taxpayer, Beware!
Fortune ^ | June 9, 2003 | Shawn Tully

Posted on 06/16/2003 2:48:17 PM PDT by bruinbirdman

Washington will soon be taking back a good chunk of that new tax cut. How? By using the sneakiest trap it's got: the Alternative Minimum Tax.

There will probably come a time in the next few weeks when you'll look at your paycheck, notice that the take-home dollar amount is a little bit higher and the "federal withholding" amount is a little lower, and you'll experience a feeling of contentment. It's been a hard year. The economy stinks, your property taxes have gone way up, as have your state and local taxes, and your kids' college tuition ... no, let's not talk about your kids' tuition. But, hey, the President and Congress have pushed through that tax cut--the largest since the Reagan tax cut of 1981, no less--and you're seeing the happy result already right there on your paycheck. You may even be moved to say, Thank you, Uncle Sam, for cutting me a little slack.

Well, guess what? For millions of Americans, Uncle Sam is doing a head fake: Washington fully intends to take back a large chunk of that tax cut. No, we're not talking about the much-discussed "sunset" provisions whereby Congress met its budget targets by passing cuts that phase out in a few years. We're talking about something sneakier and much nastier: the Alternative Minimum Tax, or AMT.

The AMT isn't new. It's been around for decades and often gets a passing nod in newspaper and magazine articles about tax policy. It was hardly mentioned at all during the debates leading up to the latest tax cut, however, and that's a shame. If there were ever a part of the tax code that could use some serious public discussion, this is it.

Most people don't really know much about the AMT, other than a vague awareness that it's a punitive and horribly complex chapter of the tax code that's best avoided. Put simply, the AMT is a tax regime that high-income people get thrown into when they take lots of deductions or enjoy a big jump in income, such as by exercising a heap of stock options. It's a kind of parallel tax universe that has very few deductions and forces you to pay far higher taxes in the future than you'd pay under the regular system. You lose the breaks for costs that Congress has consistently and vocally deemed break-worthy: things like property taxes, state and city income taxes, exemptions for children, the interest on home-equity loans--in fact, pretty much everything but mortgage interest and contributions to charity. You can't even deduct the fees for tax preparation, and believe us, once you're in the mind-bending universe of AMT, you'll need a tax planner like you need food, shelter, and clean underwear.

Now, you may be asking, Of all the problems in our screwed-up tax code--from deep philosophical questions, such as why we always leave payroll taxes, which impose high effective tax rates on working people, out of our rate-cutting debates, to our political leaders' increasing reliance on deficit-obscuring tricks like those sunset clauses--why focus on the AMT? Isn't this a bit like removing one piece of bad sushi and leaving the rest of the bad sushi on the platter?

No, and here's why. What's most troubling and least understood about the AMT is the growth trajectory it's now on. According to a recent study by the Urban-Brookings Tax Policy Center--class warriors, please note, this is a liberal think tank--the number of Americans exiled to AMT land is about to explode. This year the AMT will catch only 2.4 million families and individual taxpayers. By 2005 that will leap to 12.7 million, and it keeps soaring. Indeed, by 2010, 33 million taxpayers, one-third of the total, will pay the AMT if the rules aren't changed.

The AMT is even scarier when you look at this growth in dollar terms: This year it will bring in $16 billion, around 2% of all federal income tax revenue. By 2010 the AMT will harvest $124 billion, or around 1% of the total GDP. Perhaps the most shocking way of expressing it is this: By 2010, 55% of the income generated in this country will be subject to the AMT. If Washington does nothing, the AMT is on track to supplant the existing body of rules, rates, and deductions and become the dominant tax system in the U.S.

Another thing you probably don't know about the AMT, dear reader--especially if, as many FORTUNE subscribers do, you make north of $100,000 a year and live in coastal states with high taxes and high costs (and thus lots of deductions)--is that you are in the group that stands an excruciatingly high chance of getting hit by the AMT over the next few years. By Urban-Brookings's figuring, 95% of families and individuals with incomes from $100,000 to $500,000 will fall into the AMT zone by 2010. Yes, virtually everyone in that group. And here's the bill: You'll be paying an extra $10,000 a year in taxes, on average. (The Congressional Budget Office has run these numbers too, and got similar results.)

Some tax cut, huh? But wait, there's one last bitter irony. One of the things that will do the most to push you into the AMT, believe it or not, is the tax cut you thought you just got.

A few more words about you. You account for a large portion of America's most ambitious, productive people--you are executives, law firm partners, airline pilots, doctors. You're not poor, of course. Even in places like New York City and San Francisco and Chicago, an income in the low to mid-six figures is hardly poor. But with high taxes and the all-around high cost of living, you certainly don't feel rich either. Most of you are "Henrys": High Earners Not Rich Yet.

Bill Simmelink is a textbook Henry who's had a recurring real-life AMT nightmare. He's had success both as a tech entrepreneur and as a highly paid manager in a big company. The AMT's sneak attacks have this 54-year-old engineer and divorced father of three seething, and for good reason. The AMT first mangled Simmelink's finances three years ago when he exercised the incentive stock options (ISOs) he'd received when the software startup he worked for was sold to Texas Instruments.

ISOs are a class of options meant to encourage recipients to keep their company's stock, and so they get special tax treatment through a convoluted formula of prepayments and credits. But large ISO grants are also automatically taxed under the AMT. The details here are complicated; in practice what happens is that you pay the AMT when you exercise the options. If the stock plummets, you can end up paying more in tax than the entire gain--and end up with a bunch of unusable credits. That's what happened to Simmelink: He exercised a bundle of options worth $6.5 million and paid $1.7 million in taxes upfront; he kept his shares; TI's stock plunged; and his gain fell to $1.8 million. And thanks to the bizarre workings of the AMT, he paid a huge tax on a phantom gain he never saw. "I paid almost as much in tax as my TI stock is worth now," Simmelink says. He's still shocked. "It was like paying a 100% tax on my gain." - - more

(Excerpt) Read more at fortune.com ...


TOPICS: Business/Economy; Government
KEYWORDS: amt; taxcuts; taxreform

1 posted on 06/16/2003 2:48:17 PM PDT by bruinbirdman
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To: bruinbirdman
bttt
2 posted on 06/16/2003 2:53:41 PM PDT by the bottle let me down (Still tilting at windmills)
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To: bruinbirdman
No wonder the Republicans were so eager to pass the fictitious tax cut, yet just keep on spending like crazy. It really is a fictitious tax cut, and they will keep on spending like crazy.
3 posted on 06/16/2003 3:03:32 PM PDT by Jesse
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To: the bottle let me down
Let's not forget that little line on the 1040 for tax exempt interest. Thought you were getting a tax break with all those munies, huh? It shows up on the AMT and taxable SS income.

yitbos

4 posted on 06/16/2003 3:07:32 PM PDT by bruinbirdman (Veritas Vos Liberabit)
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To: bruinbirdman
Let's not forget that little line on the 1040 for tax exempt interest. Thought you were getting a tax break with all those munies, huh? It shows up on the AMT and taxable SS income.

Correct!!! Ignore the "Munis" and shift to the newly "low-bracket" higher dividend stocks! You have to stay up with the game rules......

5 posted on 06/16/2003 3:10:18 PM PDT by ExSES
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To: Jesse
Hey, don't you know you can't criticize republicans here? Get back on the plantation!
6 posted on 06/16/2003 3:12:04 PM PDT by Henrietta
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To: bruinbirdman
If you have a small business, are completing Sched C and are not getting all of your deductions because of the AMT, it may be time to consider forming an S Corporation. That way you will get the benefit of all of your business deductions taken in the corp and be not subjected to the AMT. You can then continue to get the full benefit your non-business deductions on Sched A.

It also minimizes the chances of an audit, as excessive deductions on Sched C tend to raise the red flag.

7 posted on 06/16/2003 3:15:55 PM PDT by gubamyster
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To: bruinbirdman
Let's not forget that little line on the 1040 for tax exempt interest. Thought you were getting a tax break with all those munies, huh? It shows up on the AMT and taxable SS income.

Tax-Exempt Bonds and the Alternative Minimum Tax

"AMT affects a very small percentage of municipal bonds. Certain portions of municipal airport bond issues, however, are typically classified as "private activity bonds" and thus are subject to AMT. For example, airport terminals are leased on a long-term basis by private companies (airlines). For tax purposes, the loans used to finance construction of these terminals are considered private activity bonds. The bonds used to finance structures for public use, such as parking garages, are not subject to AMT. "

8 posted on 06/16/2003 3:21:37 PM PDT by Hipixs
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To: bruinbirdman
But...but...but...I thought the Republicans were the party of small government.
9 posted on 06/16/2003 3:23:30 PM PDT by jjm2111 (I'm a psychopatriot!)
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To: Hipixs
Fortune Magazine has become so bad, so outrageously liberal, my local PBS station has even stopped showing their weekly show as it was not just losing share to Rukeyser on CNBC since taking it's place, the show's was outright embarassing as the magazine & tv show are merely just another arm of the liberal propaganda machine.
10 posted on 06/16/2003 3:23:42 PM PDT by Steven W.
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To: bruinbirdman
Let's not forget that many states are raising their taxes to take in your federal difference.
11 posted on 06/16/2003 3:32:23 PM PDT by PatrioticAmerican (If the only way an American can get elected is through Mexican votes, we have a war to be waged.)
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To: jjm2111
But...but...but...I thought the Republicans were the party of small government.

There you go again! Relax! I'm sure there is some deep strategery at work here. :)

12 posted on 06/16/2003 3:35:52 PM PDT by .38sw
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To: bruinbirdman
AMT is optional.........why take it if it is higher ? My taxes are a nightmare and I have every and deduction thinkable. I have never taken the AMT and won't.
13 posted on 06/16/2003 4:12:14 PM PDT by OREALLY
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To: OREALLY
AMT is optional.........why take it if it is higher ?

The AMT is not optional. It's called the Alternative Minimum Tax for a reason. If it's higher, you have to pay it.

14 posted on 06/16/2003 4:14:01 PM PDT by the bottle let me down (Still tilting at windmills)
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To: .38sw
"I'm sure there is some deep strategery at work here. "

I love when people say that (though I know you're being sarcastic). Every stumble and sell-out by the GOP is some Master Plan to defeat the ratty-rat-rat-rats. :D

15 posted on 06/17/2003 6:27:22 AM PDT by jjm2111 (I'm a psychopatriot!)
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To: OREALLY
"AMT is optional..."

Not only is it not optional, the IRS computers will eventually (probably) figure out the omission and send out a bill for back taxes plus penalties and interest.

16 posted on 06/17/2003 6:42:04 AM PDT by Truth29
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To: Truth29
Okay....I was wrong...My income level must not be high enough to be affected ? Jeeze, even talking about taxes gives me a headache !
17 posted on 06/17/2003 7:09:33 AM PDT by OREALLY
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To: OREALLY
I get the same headache, but you might want to look at the instructions for line 43 of the 2002 1040 and see if the AMT applies to you.
18 posted on 06/17/2003 8:08:32 AM PDT by Truth29
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To: Truth29
Thanks I will. I use Turbo Tax...well Turbo tax was really messed up 2002 ! This is way over my head I should have been silent ! Have a nice day...(grin)
19 posted on 06/17/2003 8:13:18 AM PDT by OREALLY
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