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Matias: Be on the lookout for Alternative Minimum Tax
By David B. Matias
Thursday, February 23, 2006

If you live in Massachusetts, beware of the Alternative Minimum Tax
    We have reached the tax season, when we all dig deep into our piles of bank statements receipts. It is not a happy ritual for most, unless you are in the business of doing taxes for other people and even then, this is a stressful time. Unfortunately, many of us feel helpless in the notion of a faceless taxman. Perhaps one of the most arcane pieces of tax legislation is the Alternative Minimum Tax, which is going to affect many more Massachusetts residents this year than ever before. Although there is little that you can do to prepare yourself, it does help to understand how AMT works.
    The Alternative Minimum Tax was created in 1969 to close a number of tax loopholes. At the time, it was reported that more than 200 people with incomes of greater than $200,000 paid no tax. Because of public outrage, the AMT was created. Now fast-forward 37 years, where inflation has taken a serious bite out of that income. An income today of $200,000 is equivalent to roughly $32,000 back in 1969, but the AMT tax is still in place and largely unchanged. There have been some adjustments for inflation, but not nearly enough to account for the 620 percent increase in the cost of living since then. AMT typically sneaks up on middle-income folks with high state income taxes and two or more children. If you're living in Concord with a family, then you are likely to fall in this group.
    There is heated debate around AMT reform, with several Web sites and organizations focused on the topic (Google "AMT reform" for a sampling). A solution will not be easy, since repealing the AMT could result in well over $500 billion in lost tax revenue to the U.S. Government over the next 10 years. Given the current state of the government's fiscal policy, this would be difficult for the country to absorb.
    The AMT calculation is relatively simple. The tax is 26 to 28 percent of your AMT income after a hefty amount of excluded income. If the AMT tax is greater than your tax under the regular income tax code, than you pay the higher amount. The trick is in calculating your AMT income. AMT income eliminates many of the deductions that we have come to rely upon; all the exemptions for yourself and your family, interest on a home equity line is not used for home improvements, and Massachusetts income and real estate taxes are added back into your AMT income. The list continues, but these are the items most likely to affect you.
    In addition to losing many important exemptions, AMT adds to your income some items you would not normally view as income. The most important addition relates to incentive stock options (ISO). If you exercise incentive stock options, and choose to hold onto the stock then you have created additional AMT income, even if you must hold the stock because of various restrictions. The income is the difference between value of the stock at the time of the option exercise and the strike price of the stock option. Even though you have paid cash to exercise the options and are holding just stock certificates, AMT taxes you as if you already made a cash profit.
    This presented a horrific twist for high-flying stocks. During the dot.com boom, many people exercised such options and held onto the stock incurring a large AMT tax. Many of these stocks dropped precipitously, eliminating the tremendous profits from the stock option. The result was people owing a large tax bill to the IRS but with no profit to show for it. More than a few people landed in bankruptcy because of AMT and uninformed choices.
    Getting back to the calculation of our AMT income, the next step is to take the AMT income and deduct the AMT exemption of either $40,250 for a single tax payer or $58,000 for a married couple. If you are married filing separately, the exemption is a measly $29,000. Finally, take the AMT income after the exemption and multiply by the AMT tax rate of 26 to 28 percent. If this resulting number is greater than your regular tax, than you owe the AMT tax amount.
    By living in Massachusetts with a comfortable income, you are facing the perfect AMT storm. Since AMT is not adjusted for inflation and all personal exemptions are eliminated along with state income and real estate taxes deductions, you are highly likely to face AMT in the near future. My advice is to work with a good accountant and start the tax preparation early. Because of the added layers of complexity, a good accountant may be able to find new twists that can save you down the road.
     David B. Matias, a certified public accountant, is the managing principal of Vodia Capital in Concord and can be reached at 978-318-0900 or dmatias@vodiacapital.com.
    



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