Amendments
2022—Subsec. (a). Pub. L. 117–169, § 10101(a)(4)(A), substituted “There” for “In the case of a taxpayer other than a corporation, there” in introductory provisions.
Subsec. (a)(2). Pub. L. 117–169, § 10101(a)(3), inserted “plus, in the case of an applicable corporation, the tax imposed by section 59A” before period at end.
Subsec. (b)(1). Pub. L. 117–169, § 10101(a)(4)(B)(i)(I), substituted “Noncorporate taxpayers” for “Amount of tentative tax” in heading and inserted introductory provisions.
Subsec. (b)(1)(D). Pub. L. 117–169, § 10101(a)(4)(B)(i)(II), added subpar. (D).
Subsec. (b)(2). Pub. L. 117–169, § 10101(a)(1), amended par. (2) generally. Prior to amendment, par. (2) defined “alternative minimum taxable income”.
2019—Subsec. (d)(4)(A)(iii). Pub. L. 116–94 added cl. (iii).
2017—Subsec. (a). Pub. L. 115–97, § 12001(a), substituted “In the case of a taxpayer other than a corporation, there” for “There” in introductory provisions.
Subsec. (b)(1). Pub. L. 115–97, § 12001(b)(3)(A), amended par. (1) generally. Prior to amendment, par. (1) related to amount of tentative tax.
Subsec. (b)(3). Pub. L. 115–97, § 12001(b)(3)(B), substituted “paragraph (1)(A)” for “paragraph (1)(A)(i)” in introductory provisions.
Subsec. (c)(1). Pub. L. 115–97, § 12001(b)(4), struck out “, the section 936 credit allowable under section 27(b), and the Puerto Rico economic activity credit under section 30A” after “section 27(a)”.
Subsec. (d)(2). Pub. L. 115–97, § 12001(b)(5)(A), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “In the case of a corporation, the term ‘exemption amount’ means $40,000.”
Subsec. (d)(2)(D). Pub. L. 115–97, § 12001(b)(5)(B), struck out subpar. (D) which read as follows: “$150,000 in the case of a taxpayer described in paragraph (2).”
Subsec. (d)(3). Pub. L. 115–97, § 12001(b)(5)(A), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Subsec. (d)(3)(B)(i). Pub. L. 115–97, § 12001(b)(5)(C)(i), substituted “(b)(1)(A)” for “(b)(1)(A)(i)”.
Subsec. (d)(3)(B)(iii). Pub. L. 115–97, § 12001(b)(5)(C)(ii), substituted “paragraph (2)” for “paragraph (3)”.
Subsec. (d)(4). Pub. L. 115–97, § 12003(a), added par. (4). Former par. (4) redesignated (3).
Subsec. (d)(4)(A)(ii). Pub. L. 115–97, § 11002(d)(1)(I), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
Subsec. (e). Pub. L. 115–97, § 12001(b)(6), struck out subsec. (e) which related to exemption for small corporations.
2015—Subsec. (b)(4). Pub. L. 114–113 struck out par. (4) which related to the maximum rate of tax on qualified timber gain of corporations.
2014—Subsec. (d)(4)(B)(ii). Pub. L. 113–295, § 202(c)(1), inserted “subparagraphs (A), (B), and (D) of” before “paragraph (1)”.
Subsec. (d)(4)(C). Pub. L. 113–295, § 202(c)(2), substituted “increased amount” for “increase”.
2013—Subsec. (b)(1)(A)(iii). Pub. L. 112–240, § 104(b)(2)(A), substituted “by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof.” for “by substituting ‘$87,500’ for ‘$175,000’ each place it appears.”
Subsec. (b)(3)(B). Pub. L. 112–240, § 102(c)(2), substituted “0 percent” for “5 percent (0 percent in the case of taxable years beginning after 2007)”.
Subsec. (b)(3)(C) to (E). Pub. L. 112–240, § 102(b)(2), added subpars. (C) and (D), redesignated former subpar. (D) as (E), and struck out former subpar. (C) which read as follows: “15 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (B), plus”.
Subsec. (c)(3). Pub. L. 112–240, § 104(c)(2)(J), substituted “30C(d)(2)” for “26(a), 30C(d)(2),”.
Subsec. (d)(1)(A). Pub. L. 112–240, § 104(a)(1)(A), in introductory provisions, substituted “$78,750” for “$45,000 ($72,450 in the case of taxable years beginning in 2010 and $74,450 in the case of taxable years beginning in 2011)”.
Subsec. (d)(1)(B). Pub. L. 112–240, § 104(a)(1)(B), in introductory provisions, substituted “$50,600” for “$33,750 ($47,450 in the case of taxable years beginning in 2010 and $48,450 in the case of taxable years beginning in 2011)”.
Subsec. (d)(1)(C). Pub. L. 112–240, § 104(a)(1)(C), substituted “subparagraph (A)” for “paragraph (1)(A)”.
Subsec. (d)(3)(A). Pub. L. 112–240, § 104(b)(2)(B)(i), struck out “or (2)” after “paragraph (1)(A)”.
Subsec. (d)(3)(C), (D). Pub. L. 112–240, § 104(b)(2)(B)(ii), (iii), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “$75,000 in the case of a taxpayer described in subparagraph (C) or (D) of paragraph (1).”
Subsec. (d)(4). Pub. L. 112–240, § 104(b)(1), added par. (4).
2010—Subsec. (d)(1)(A). Pub. L. 111–312, § 201(a)(1), substituted “$72,450 in the case of taxable years beginning in 2010 and $74,450 in the case of taxable years beginning in 2011” for “$70,950 in the case of taxable years beginning in 2009”.
Subsec. (d)(1)(B). Pub. L. 111–312, § 201(a)(2), substituted “$47,450 in the case of taxable years beginning in 2010 and $48,450 in the case of taxable years beginning in 2011” for “$46,700 in the case of taxable years beginning in 2009”.
Subsec. (e)(5). Pub. L. 111–240 substituted “38(c)(6)(B)” for “38(c)(3)(B)”.
2009—Subsec. (c)(3). Pub. L. 111–5, § 1144(b)(3), struck out “30B(g)(2),” after “sections 26(a),”.
Pub. L. 111–5, § 1142(b)(5), struck out “30(b)(3),” after “sections 26(a),”.
Subsec. (d)(1)(A). Pub. L. 111–5, § 1012(a)(1), substituted “($70,950 in the case of taxable years beginning in 2009)” for “($69,950 in the case of taxable years beginning in 2008)”.
Subsec. (d)(1)(B). Pub. L. 111–5, § 1012(a)(2), substituted “($46,700 in the case of taxable years beginning in 2009)” for “($46,200 in the case of taxable years beginning in 2008)”.
2008—Subsec. (b)(4). Pub. L. 110–246, § 15311(b), added par. (4).
Subsec. (d)(1)(A). Pub. L. 110–343, § 102(a)(1), substituted “($69,950 in the case of taxable years beginning in 2008)” for “($66,250 in the case of taxable years beginning in 2007)”.
Subsec. (d)(1)(B). Pub. L. 110–343, § 102(a)(2), substituted “($46,200 in the case of taxable years beginning in 2008)” for “($44,350 in the case of taxable years beginning in 2007)”.
2007—Subsec. (d)(1)(A). Pub. L. 110–166, § 2(a)(1), substituted “($66,250 in the case of taxable years beginning in 2007)” for “($62,550 in the case of taxable years beginning in 2006)”.
Subsec. (d)(1)(B). Pub. L. 110–166, § 2(a)(2), substituted “($44,350 in the case of taxable years beginning in 2007)” for “($42,500 in the case of taxable years beginning in 2006)”.
2006—Subsec. (d)(1)(A). Pub. L. 109–222, § 301(a)(1), substituted “$62,550 in the case of taxable years beginning in 2006” for “$58,000 in the case of taxable years beginning in 2003, 2004, and 2005”.
Subsec. (d)(1)(B). Pub. L. 109–222, § 301(a)(2), substituted “$42,500 in the case of taxable years beginning in 2006” for “$40,250 in the case of taxable years beginning in 2003, 2004, and 2005”.
2005—Subsec. (c)(1). Pub. L. 109–58, § 1302(b), which directed amendment of par. (1) by inserting “45(e)(11)(C),” after “section” in last sentence, was executed by making the insertion after “section” the first place it appeared in last sentence, to reflect the probable intent of Congress.
Subsec. (c)(2). Pub. L. 109–135, § 403(h), substituted “regular tax liability” for “regular tax”.
Pub. L. 109–58, § 1342(b)(3), which directed amendment of par. (2) by inserting “30C(d)(2),” after “30B(g)(2),”, was repealed by Pub. L. 109–135, § 412(p)(3).
Pub. L. 109–58, § 1341(b)(3), which directed amendment of par. (2) by inserting “30B(g)(2),” after “30(b)(2),”, was repealed by Pub. L. 109–135, § 412(p)(2).
Subsec. (c)(3). Pub. L. 109–135, § 412(p)(1), inserted “30B(g)(2), 30C(d)(2),” after “30(b)(3),”.
Pub. L. 109–58, § 1322(a)(3)(H), struck out “29(b)(6),” after “26(a),”.
2004—Subsec. (b)(3)(B). Pub. L. 108–311, § 406(d), substituted “an amount equal to the excess described in” for “the amount on which a tax is determined under”.
Subsec. (c)(2), (3). Pub. L. 108–357 added par. (2) and redesignated former par. (2) as (3).
Subsec. (d)(1)(A), (B). Pub. L. 108–311, § 103(a), substituted “2003, 2004, and 2005” for “2003 and 2004”.
2003—Subsec. (b)(3). Pub. L. 108–27, § 301(b)(2), struck out first sentence of concluding provisions which read as follows: “In the case of taxable years beginning after December 31, 2000, rules similar to the rules of section 1(h)(2) shall apply for purposes of subparagraphs (B) and (C).”
Subsec. (b)(3)(B). Pub. L. 108–27, § 301(a)(1), substituted “5 percent (0 percent in the case of taxable years beginning after 2007)” for “10 percent”.
Subsec. (b)(3)(C). Pub. L. 108–27, § 301(a)(2)(B), substituted “15 percent” for “20 percent”.
Subsec. (d)(1)(A). Pub. L. 108–27, § 106(a)(1), substituted “$58,000 in the case of taxable years beginning in 2003 and 2004” for “$49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004”.
Subsec. (d)(1)(B). Pub. L. 108–27, § 106(a)(2), substituted “$40,250 in the case of taxable years beginning in 2003 and 2004” for “$35,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004”.
2001—Subsec. (d)(1)(A). Pub. L. 107–16, § 701(a)(1), substituted “$45,000 ($49,000 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)” for “$45,000”.
Subsec. (d)(1)(B). Pub. L. 107–16, § 701(b)(1), struck out “and” at end.
Pub. L. 107–16, § 701(a)(2), substituted “$33,750 ($35,750 in the case of taxable years beginning in 2001, 2002, 2003, and 2004)” for “$33,750”.
Subsec. (d)(1)(C), (D). Pub. L. 107–16, § 701(b)(1), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “$22,500 in the case of—
“(i) a married individual who files a separate return, or
“(ii) an estate or trust.”
Subsec. (d)(3). Pub. L. 107–16, § 701(b)(3), in concluding provisions, substituted “paragraph (1)(C)” for “paragraph (1)(C)(i)” and “the minimum amount of such income (as so determined) for which the exemption amount under paragraph (1)(C) is zero, or (ii) such exemption amount (determined without regard to this paragraph)” for “$165,000 or (ii) $22,500”.
Subsec. (d)(3)(C). Pub. L. 107–16, § 701(b)(2), substituted “subparagraph (C) or (D) of paragraph (1)” for “paragraph (1)(C)”.
1998—Subsec. (b)(3). Pub. L. 105–206, § 6005(d)(2), reenacted par. heading without change and amended text of par. (3) generally. Prior to amendment, text read as follows: “The amount determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of—
“(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the lesser of—
“(i) the net capital gain, or
“(ii) the sum of—
“(I) the adjusted net capital gain, plus
“(II) the unrecaptured section 1250 gain, plus
“(B) 25 percent of the lesser of—
“(i) the unrecaptured section 1250 gain, or
“(ii) the amount of taxable excess in excess of the sum of—
“(I) the adjusted net capital gain, plus
“(II) the amount on which a tax is determined under subparagraph (A), plus
“(C) 10 percent of so much of the taxpayer’s adjusted net capital gain (or, if less, taxable excess) as does not exceed the amount on which a tax is determined under section 1(h)(1)(D), plus
“(D) 20 percent of the taxpayer’s adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (C).
In the case of taxable years beginning after December 31, 2000, rules similar to the rules of section 1(h)(2) shall apply for purposes of subparagraphs (C) and (D). Terms used in this paragraph which are also used in section 1(h) shall have the respective meanings given such terms by section 1(h).”
Subsec. (e)(1). Pub. L. 105–206, § 6006(a), reenacted par. heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The tentative minimum tax of a corporation shall be zero for any taxable year if—
“(A) such corporation met the $5,000,000 gross receipts test of section 448(c) for its first taxable year beginning after December 31, 1996, and
“(B) such corporation would meet such test for the taxable year and all prior taxable years beginning after such first taxable year if such test were applied by substituting ‘$7,500,000’ for ‘$5,000,000’.”
1997—Subsec. (b)(1)(A)(ii). Pub. L. 105–34, § 311(b)(2)(A), substituted “this subsection” for “clause (i)”.
Subsec. (b)(3). Pub. L. 105–34, § 311(b)(1), added par. (3).
Subsec. (c)(1). Pub. L. 105–34, § 1601(f)(1)(C), substituted “Puerto Rico” for “Puerto Rican”.
Subsec. (e). Pub. L. 105–34, § 401(a), added subsec. (e).
1996—Subsec. (c)(1). Pub. L. 104–188, § 1601(b)(2)(A), substituted “, the section 936 credit allowable under section 27(b), and the Puerto Rican economic activity credit under section 30A” for “and the section 936 credit allowable under section 27(b)”.
Pub. L. 104–188, § 1401(b)(3), struck out “shall not include any tax imposed by section 402(d) and” before “shall not include any increase in tax under section 49(b)”.
Subsec. (c)(2). Pub. L. 104–188, § 1205(d)(6), struck out “28(d)(2),” after “26(a),”.
1993—Subsec. (b)(1). Pub. L. 103–66, § 13203(a), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “The tentative minimum tax for the taxable year is—
“(A) 20 percent (24 percent in the case of a taxpayer other than a corporation) of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by
“(B) the alternative minimum tax foreign tax credit for the taxable year.”
Subsec. (d)(1). Pub. L. 103–66, § 13203(b), substituted “$45,000” for “$40,000” in subpar. (A), “$33,750” for “$30,000” in subpar. (B), and “$22,500” for “$20,000” in subpar. (C).
Subsec. (d)(3). Pub. L. 103–66, § 13203(c)(1), substituted “$165,000 or (ii) $22,500” for “$155,000 or (ii) $20,000” in last sentence.
1992—Subsec. (c)(1). Pub. L. 102–318 substituted “402(d)” for “402(e)”.
Subsec. (c)(2). Pub. L. 102–486 substituted “29(b)(6), 30(b)(3),” for “29(b)(5),”.
1990—Subsec. (b)(1)(A). Pub. L. 101–508, § 11102(a), substituted “24 percent” for “21 percent”.
Subsec. (c)(1). Pub. L. 101–508, § 11813(b)(5), substituted “section 49(b) or 50(a)” for “section 47”.
1988—Subsec. (b)(2). Pub. L. 100–647, § 1007(a)(2), inserted at end “If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).”
Subsec. (c)(1). Pub. L. 100–647, § 1007(a)(1), inserted “and the section 936 credit allowable under section 27(b)” before period at end of first sentence.
Pub. L. 100–647, § 1002(l)(27), substituted “subsection (j) or (k) of section 42” for “section 42(j)”.
Subsec. (d)(3). Pub. L. 100–647, § 1007(a)(3), inserted at end “In the case of a taxpayer described in paragraph (1)(C)(i), alternative minimum taxable income shall be increased by the lesser of (i) 25 percent of the excess of alternative minimum taxable income (determined without regard to this sentence) over $155,000, or (ii) $20,000.”
1986—Subsec. (c)(1). Pub. L. 99–514, § 252(c), inserted “or section 42(j)”.