23.5 Avoiding AMT

If you are within the range of the AMT tax, review periodically your income and expenses to determine whether to postpone or accelerate income, defer the payment of expenses, and/or make certain tax elections.

There are elections, such as the election of alternative straight-line MACRS depreciation, that may avoid AMT adjustments. However, such elections will increase your regular tax. Similarly, adjustment treatment for mining exploration and development costs, circulation expenses, and research expenses can be avoided by elections to amortize (23.2).

If you are on the verge of becoming subject to the AMT, or are already subject to the AMT, and the 26% or 28% AMT rate exceeds your top rate for regular tax purposes you might want to consider the following steps:

• Postpone income that could trigger AMT by pushing your income over the AMT exemption. On a sale of property, an installment sale (5.21) can spread gain over a number of years.
• Do not prepay state or local income taxes or property taxes, as these are not deductible under the AMT.
• Spread out the exercise of incentive stock options (ISOs) over more than one year to limit the AMT adjustment for the bargain element (the difference between the option price and the fair market value of the stock on the date of exercise). If you exercise an ISO and hold the acquired stock beyond the end of the year, the bargain element is subject to AMT (23.2). You may find yourself with an unexpected tax liability and if the stock has depreciated in value since the date of exercise, you may find yourself short of funds to pay the liability even after selling the stock. To limit the AMT adjustment, you can stagger the exercise of options over more than one year. You can avoid the adjustment completely by selling the stock in the same year that the option was exercised, but if you do, any gain on the sale will be taxed as ordinary income and not at the favorable rate for long-term capital gains.

Accelerating income.

If you are generally in a high tax bracket and project that you will be subject to AMT in a current year, you may want to subject additional income in that year to the 26% or 28% AMT tax rate. In such a case, consider accelerating the receipt of income to that year. If you are in business, you might ask for earlier payments from customers or clients. If you control a small corporation, you might prepay your salary or pay yourself a larger bonus, but be careful in the subsequent year not to run afoul of the reasonable compensation rule.