New provisions of alternate minimum tax on individuals

Tax queries 2437 views 1 replies

Plain simple reading of calculation of adjusted total income:-

(2) Adjusted total income referred to in sub-section (1) shall be the total income before giving effect to this Chapter as increased by—
(i) deductions claimed, if any, under any section (other than section 80P) included in Chapter VI-A under the heading “C.—Deductions in respect of certain incomes”; and
(ii) deduction claimed, if any, under section 10AA.

In case you are selling a residential house and your income after indexation + your regular income exceed Rs.20.00 lakhs, in case you claim deduction u/s 54, you are not getting the tax benefit even if you purchase the new house. Only Section 80 P and Section 10AA seem to be allowed exemptions that are not beneficial to any individuals under these circumstances. In effect, rather than paying 20% income tax on LTCG from sale of House, you still have to pay 18.5 even if you invest in a new house within 1 year.

Moreover, when you sell the house within 3 years if you pay 18.5% tax instead of 20%, you would still have to pay short term capital gain with cost of acuisition reduced to the extent of exemption claimed. Will creedit be given under AMT in such cases?

Replies (1)

Before answering your query, i want to clear some points :

When an assesee pays MAT, income tax department deems that all the provisions of that Asst Year for computing tax liability under normal provisions have been complied with and then tax under MAT provision was higher than the tax under normal provision.

It is but obvisous, inder nomal provision, depreciation under Income tax Act, must have been claimed and then only tax would have been determined.

The assessee may think that since it paid tax on MAt, it means I. T. Depreciation was not allowed for that Asst Year. and in he next asset year, it can charge that depreciation again as it had paid MAT in previous year and not normal income tax.

But, we all know, this is not possible and the assessee will have to calculate deprectation in the next asst year on the reduced WDV.

Coming to your query:

based on the above principles, it can be said that once you will pay AMT, then you will be eligible to take Credit of excess AMT paid over Normal Tax and then it will be deemed that the assessee will comply all the provisions of Normal Tax.

Presumption taken while computing Normal Tax

The assessee would not sell the new house within 3 year from the date of its acquisition

Non-compliance of this will lead to taxability of the exemption amount in the form of reduction of cost of acquisition to that extent

Now, even though the assessee will pay AMT in one year, but it will not effect the tax computations of subsequent years and all the provisions will be applicable to the Company in the same manner deeming that in the previous year the Company has paid tax under normal provision and that is the reason the asseessee will also be eligible to claim AMT Credit.


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