US AMT Stock Option Victims Hope For
Redress, by Mike Godfrey,
Tax-News.com, Washington 23 January
2006
The President's Tax Panel has recommended abolishing
the AMT; but there is no guarantee of action this year,
and 20 million taxpayers may be affected in 2006, some
of them facing savage tax bills on unrealized stock
option gains. Both of the Tax Panel's recommended options for
reform include axing the AMT, and there is an AMT patch
for 2006 in legislation currently before Congress. But
it is far from certain that Congress will enact even the
short term AMT patch this year given budget pressures
and the President's political difficulties. Meanwhile, more and more US taxpayers are falling
foul of a provision in AMT legislation that applies
income tax to gains on exercise of ISO's (Incentive
Stock Options) - and the tax remains due whatever the
eventual value of the exercised options. Many people
received and exercised options during the high-tech boom
before 2001, and are now being pursued by the IRS for
tax even though the underlying shares may have lost all
or most of their value. Horror stories abound of
families being forced into bankruptcy as a
result. “Many taxpayers across the nation have floated the
government an interest-free loan for years because of
the interaction of tax rules on the Alternative Minimum
Tax (AMT) and Incentive Stock Options (ISOs),” stated
Congressman Sam Johnson (R-TX). “AMT was never meant to
be a system that forced families to prepay taxes with
little expectation of ever being able to use their
accumulated credits. With the relief from this bill,
families who have put second mortgages on their homes,
cashed out retirement savings, sold assets, and
struggled to work out payment plans with the IRS can get
their money back and get on with their lives.” “Congressman Sam Johnson has taken a critically
important step in addressing the unintended and unjust
effects on hardworking Americans caused by the current
ISO AMT tax provisions,” stated Tim Carlson, President
of the Coalition for Tax Fairness. “CTF applauds
Congressman Johnson and the numerous original
co-sponsors of the AMT Credit Fairness Act for the
introduction of this landmark bill. We are confident
that as more people learn about the unintended effects
of the tax code that are causing this injustice, this
important bill will gain speedy support throughout
Congress.”
Rep. Sam Johnson (R-TX), co-sponsor
Richard Neal (D-MA), and more than 40 other bipartisan
co-sponsors introduced H.R. 3385 which is start to help
those who have faced AMT on ISOs, essentially by
obliging the IRS to refund tax paid on ISO exercise
gains over a period of 5 years. Further, the bill also
corrects a reporting loophole by requiring companies to
report the purchase of ISO stock to the IRS.