Source
(Added Pub. L. 99–514, title VII, § 701(b), Oct. 22, 1986, 100 Stat. 2339; amended Pub. L. 100–647, title I, § 1007(g)(4), title VI, § 6304(a), Nov. 10, 1988, 102 Stat. 3435, 3756; Pub. L. 101–239, title VII, §§ 7612(a)(1), (2), (b)(1),
7811
(d)(2), Dec. 19, 1989, 103 Stat. 2373, 2374, 2408; Pub. L. 102–486, title XIX, § 1913(b)(2)(C), Oct. 24, 1992, 106 Stat. 3020; Pub. L. 103–66, title XIII, §§ 13113(b)(2),
13171
(c), Aug. 10, 1993, 107 Stat. 429, 455; Pub. L. 104–188, title I, §§ 1205(d)(5),
1704
(j)(1), Aug. 20, 1996, 110 Stat. 1776, 1881; Pub. L. 108–357, title IV, § 421(a)(2), Oct. 22, 2004, 118 Stat. 1514; Pub. L. 109–58, title XIII, § 1322(a)(3)(G), Aug. 8, 2005, 119 Stat. 1012; Pub. L. 109–432, div. A, title IV, § 402(a), Dec. 20, 2006, 120 Stat. 2953; Pub. L. 110–172, § 2(a), Dec. 29, 2007, 121 Stat. 2473.)
Prior Provisions
A prior section
53, added
Pub. L. 95–30, title II, § 202(b), May 23, 1977,
91 Stat. 146; amended
Pub. L. 95–600, title III, § 321(c)(2), Nov. 6, 1978,
92 Stat. 2835;
Pub. L. 97–34, title II, § 207(c)(2), Aug. 13, 1981,
95 Stat. 225;
Pub. L. 97–248, title II, § 201(d)(8)(A), formerly § 201(c)(8)(A), and § 265(b)(2)(A)(iii), Sept. 3, 1982,
96 Stat. 420, 547, renumbered § 201(d)(8)(A),
Pub. L. 97–448, title III, § 306(a)(1)(A)(i), Jan. 12, 1983,
96 Stat. 2400; 97–354, § 5(a)(12), Oct. 19, 1982,
96 Stat. 1693; 97–448, title I, § 102(d)(3), Jan. 12, 1983,
96 Stat. 2370;
Pub. L. 98–21, title I, § 122(c)(1), Apr. 20, 1983,
97 Stat. 87;
Pub. L. 98–369, div. A, title VII, § 713(c)(1)(C), July 18, 1984,
98 Stat. 957, placed limitations on the amount of credit allowed by former section
44B for employment of certain new employees, prior to repeal by
Pub. L. 98–369, div. A, title IV, § 474(p)(8), July 18, 1984,
98 Stat. 838, applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years.
Amendments
2007—Subsec. (e)(2)(A).
Pub. L. 110–172 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘AMT refundable credit amount’ means, with respect to any taxable year, the amount equal to the greater of—
“(i) the lesser of—
“(I) $5,000, or
“(II) the amount of long-term unused minimum tax credit for such taxable year, or
“(ii) 20 percent of the amount of such credit.”
2006—Subsec. (e).
Pub. L. 109–432 added subsec. (e).
2005—Subsec. (d)(1)(B)(iii).
Pub. L. 109–58 struck out “under section
29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of section
29
(b)(6)(B), or not allowed” before “under section
30”.
2004—Subsec. (d)(1)(B)(i)(II).
Pub. L. 108–357 struck out “and if section
59
(a)(2) did not apply” before period at end.
1996—Subsec. (d)(1)(B)(iii).
Pub. L. 104–188, § 1205(d)(5)(A), which directed that cl. (iii) be amended by striking out “or not allowed under section
28 solely by reason of the application of section
28
(d)(2)(B),” was executed by striking out “not allowed under section
28 solely by reason of the application of section
28
(d)(2)(B),” after “29(b)(6)(B),”, to reflect the probable intent of Congress.
Subsec. (d)(1)(B)(iv)(II).
Pub. L. 104–188, § 1704(j)(1), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “the adjusted net minimum tax for any taxable year is the amount of the net minimum tax for such year increased by the amount of any credit not allowed under section
29 solely by reason of the application of section
29
(b)(5)(B) or not allowed under section
28 solely by reason of the application of section
28
(d)(2)(B).”
Pub. L. 104–188, § 1205(d)(5)(B), which directed that subcl. (II) be amended by striking out “or not allowed under section
28 solely by reason of the application of section
28
(d)(2)(B)”, could not be executed because the phrase sought to be struck out did not appear in text subsequent to the general amendment of subcl. (II) by
Pub. L. 104–188, § 1704(j)(1), see above, which, pursuant to section 1701 of
Pub. L. 104–188, set out as a note under section
1 of this title, is treated as having been enacted before section 1205(d)(5)(B) of
Pub. L. 104–188.
1993—Subsec. (d)(1)(B)(ii)(II).
Pub. L. 103–66, § 13171(c), substituted “(5), and (7)” for “(5), (6), and (8)”.
Pub. L. 103–66, § 13113(b)(2), substituted “(6), and (8)” for “and (6)”.
1992—Subsec. (d)(1)(B)(iii).
Pub. L. 102–486, § 1913(b)(2)(C)(i), substituted “section
29
(b)(6)(B),” for “section
29
(b)(5)(B) or”.
Pub. L. 102–486, § 1913(b)(2)(C)(ii), inserted before period at end “, or not allowed under section
30 solely by reason of the application of section
30
(b)(3)(B)”.
1989—Subsec. (d)(1)(B)(i)(II).
Pub. L. 101–239, § 7811(d)(2), inserted before period at end “and if section
59
(a)(2) did not apply”.
Subsec. (d)(1)(B)(ii).
Pub. L. 101–239, § 7612(a)(2), substituted “subsection (b)(1)” for “subsections (b)(1) and (c)(3)” in subcl. (I) and struck out at end “In the case of taxable years beginning after 1989, the adjustments provided in section
56
(g) shall be treated as specified in this clause to the extent attributable to items which are excluded from gross income for any taxable year for purposes of the regular tax, or are not deductible for any taxable year under the adjusted current earnings method of section
56
(g).”
Subsec. (d)(1)(B)(iii).
Pub. L. 101–239, § 7612(b)(1), which directed amendment of cl. (iii) by inserting “or not allowed under section
28 solely by reason of the application of section
28
(d)(2)(B)” after “section
29
(d)(5)(B)”, was executed by making the insertion after “section
29
(b)(5)(B)”, as the probable intent of Congress.
Subsec. (d)(1)(B)(iv).
Pub. L. 101–239, § 7612(b)(1), which directed amendment of cl. (iv) by inserting “or not allowed under section
28 solely by reason of the application of section
28
(d)(2)(B)” after “section
29
(d)(5)(B)”, was executed by making the insertion after “section
29
(b)(5)(B)” in subcl. (II), as the probable intent of Congress.
Pub. L. 101–239, § 7612(a)(1), added cl. (iv).
1988—Subsec. (d)(1)(B)(ii).
Pub. L. 100–647, § 1007(g)(4), substituted “current earnings” for “earnings and profits” in last sentence.
Subsec. (d)(1)(B)(iii).
Pub. L. 100–647, § 6304(a), added cl. (iii).
Effective Date of 2007 Amendment
Pub. L. 110–172, § 2(b), Dec. 29, 2007,
121 Stat. 2474, provided that: “The amendment made by this section [amending this section] shall take effect as if included in the provision of the Tax Relief and Health Care Act of 2006 [
Pub. L. 109–432] to which it relates.”
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title IV, § 402(c), Dec. 20, 2006,
120 Stat. 2954, provided that: “The amendments made by this section [amending this section, section
6211 of this title, and section
1324 of Title
31, Money and Finance] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 20, 2006].”
Effective Date of 2005 Amendment
Amendment by
Pub. L. 109–58 applicable to credits determined under the Internal Revenue Code of 1986 for taxable years ending after Dec. 31, 2005, see section 1322(c)(1) of
Pub. L. 109–58, set out as a note under section
45K of this title.
Effective Date of 2004 Amendment
Pub. L. 108–357, title IV, § 421(b), Oct. 22, 2004,
118 Stat. 1514, provided that: “The amendments made by this section [amending this section and section
59 of this title] shall apply to taxable years beginning after December 31, 2004.”
Effective Date of 1996 Amendment
Amendment by section 1205(d)(5) of
Pub. L. 104–188 applicable to amounts paid or incurred in taxable years ending after June 30, 1996, see section 1205(e) of
Pub. L. 104–188, set out as a note under section
45K of this title.
Section 1704(j)(1) of
Pub. L. 104–188 provided that the amendment made by that section is effective with respect to taxable years beginning after Dec. 31, 1990.
Effective Date of 1993 Amendment
Section 13113(e) of
Pub. L. 103–66 provided that: “The amendments made by this section [enacting section
1202 of this title and amending this section and sections
57,
172,
642,
643,
691,
871, and
6652 of this title] shall apply to stock issued after the date of the enactment of this Act [Aug. 10, 1993].”
Section 13171(d) of
Pub. L. 103–66 provided that: “The amendments made by this section [amending this section and sections
56 and
57 of this title] shall apply to contributions made after June 30, 1992, except that in the case of any contribution of capital gain property which is not tangible personal property, such amendments shall apply only if the contribution is made after December 31, 1992.”
Effective Date of 1992 Amendment
Section 1702(e)(5) of
Pub. L. 104–188 provided that: “The amendment made by section 1913(b)(2)(C)(i) of the Energy Policy Act of 1992 [
Pub. L. 102–486] shall apply to taxable years beginning after December 31, 1990.”
Amendment by section 1913(b)(2)(C)(ii) of
Pub. L. 102–486 applicable to property placed in service after June 30, 1993, see section 1913(c) of
Pub. L. 102–486, set out as an Effective Date note under section
30 of this title.
Effective Date of 1989 Amendment
Section 7612(a)(3) of
Pub. L. 101–239 provided that: “The amendments made by this subsection [amending this section] shall apply for purposes of determining the adjusted net minimum tax for taxable years beginning after December 31, 1989.”
Section 7612(b)(2) of
Pub. L. 101–239 provided that: “The amendment made by paragraph (1) [amending this section] shall apply for purposes of determining the amount of the minimum tax credit for taxable years beginning after December 31, 1989; except that, for such purposes, section 53(b)(1) of the Internal Revenue Code of 1986 shall be applied as if such amendment had been in effect for all prior taxable years.”
Amendment by section 7811(d)(2) of
Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988,
Pub. L. 100–647, to which such amendment relates, see section 7817 of
Pub. L. 101–239, set out as a note under section
1 of this title.
Effective Date of 1988 Amendment
Amendment by section 1007(g)(4) of
Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 1019(a) of
Pub. L. 100–647, set out as a note under section
1 of this title.
Section 6304(b) of
Pub. L. 100–647 provided that: “The amendment made by this section [amending this section] shall take effect as if included in the amendments made by section 701 of the Tax Reform Act of 1986 [
Pub. L. 99–514].”
Effective Date
Section applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of
Pub. L. 99–514, set out as an Effective Date of 1986 Amendment note under section
55 of this title.
Applicability of Certain Amendments by Pub. L. 99–514 in Relation to Treaty Obligations of United States
For applicability of amendment by section 701(b) of
Pub. L. 99–514 [enacting this section] notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of
Pub. L. 100–647 be treated as if it had been included in the provision of
Pub. L. 99–514 to which such amendment relates, see section 1012(aa)(2), (4) of
Pub. L. 100–647, set out as a note under section
861 of this title.