Filing for AY 2024-25 is coming soon
Filing for AY 2024-25 is coming soon
Keep calm and sign up for early access to our super filing platform

Alternative Minimum Tax (AMT): Applicability, Exemption, Credit, Calculation, Example

By Ektha Surana

|

Updated on: Feb 9th, 2024

|

10 min read

social iconssocial iconssocial iconssocial icons

The Government has introduced various profit linked deductions and incentives in order to encourage investment in various industries. Taxpayers who are eligible to claim such deductions/incentives would become zero tax companies or may end up paying marginal tax though they are capable of paying normal tax. The Government also needs regular/consistent inflow of tax which is one of its major revenues to fund various expenses for the welfare of the country. Hence, ensuring not to completely disrupt the intention of introducing such incentives/deductions by taking it away indirectly and also to ensure levy of tax on such zero tax/marginal tax companies, concept of Minimum Tax was introduced.

This was initially introduced for companies in the name of ‘Minimum Alternate Tax (MAT)’ to collect minimum tax to be paid by companies who are claiming profit-linked deductions in such financial years (FYs) wherein normal tax payable is lower than MAT. Adjusted total income will be computed for MAT by adding and deducting certain specified items. Then, tax at a rate lower than the normal rate of tax is levied on the adjusted income.

However, credit for MAT paid in earlier years was allowed to be carried forward and set off in subsequent year wherein normal tax payable was higher than MAT. Alternative Minimum Tax (AMT), introduced for non-corporate taxpayers works on similar principles. However, applicability, manner of computation of adjusted income, exemption, reporting requirement etc are different compared to MAT.

Budget 2022 update 
FM proposes to reduce the Alternate Minimum Tax (AMT) Rates to 15% from 18.5% for the co-operative societies.

Alternative Minimum Tax – Basics

As it is evident from the name, AMT is a minimum tax that is leviable alternative to normal tax. Rate of AMT is 18.5% of adjusted total income (plus applicable surcharge and cess). 

If the person is a unit located in an International Financial Services Centre (IFSC) and receives income solely in convertible foreign currency, the AMT rate will be 9%.

From Assessment Year 2023-24, the rate of AMT is reduced from 18.5% to 15% in case of co-operative society.

AMT is a tax levied on ‘adjusted total income’ in a FY wherein tax on normal income is lower than AMT on Adjusted total income. So, irrespective of normal tax, AMT has to be paid by taxpayers to whom AMT provisions apply.

Applicability of AMT

As already mentioned, initially the concept of minimum tax was introduced for companies and progressively made applicable to non-corporate taxpayers. Finance Act, 2011 introduced AMT on Limited Liability Partnership (LLP). The Finance Act, 2012 introduced some amendments, and AMT is now applicable to individuals and non-corporate taxpayers. Accordingly, AMT provisions are applicable to following taxpayers:

  • Individuals, Hindu Undivided Family (HUF), Association Of Persons (AOP), Body Of Individuals (BOI) or an artificial juridical person when their adjusted total income exceeds Rs.20,00,000.
  • Every other person (other than an individual, HUF, AOP, BOI or artificial juridical person) irrespective of its income.

However, these taxpayers should pay AMT only when they claim the following deductions under the Income Tax Act:

  • Chapter VI-A under the heading “C. — Deductions in respect of certain incomes’ – These deductions are under Section 80H to 80RRB provided in respect of profits and gains of specific industries such as hotel business, small scale industrial undertaking, housing projects, export business, infrastructure development etc. However, deduction under Section  80P which provides deduction to co-operative societies is excluded for this purpose; or
  • Deduction under Section 35AD – While capital expenditure in assets usually qualify for depreciation year on year, under this Section 100% deduction is allowed on capital expenditure incurred for specified business such as operation of cold chain facility, fertilizer production etc; or
  • Profit linked deduction under Section 10AA – Deduction of profit varying from 100% to 50% is provided to units in Special Economic Zones (SEZs).

Based on the above, it can be concluded that AMT provisions are applicable only to those non-corporate taxpayers having income under the head ‘Profits or Gains of Business or Profession’. Further, as mentioned above AMT provisions are applicable only when normal tax payable is lower than AMT in any FY. The provisions of the AMT are not applicable to a taxpayer who has exercised the concessional tax regime under section 11BAD or section 115BAC.

Exemption from Applicability of AMT

AMT provisions are not applicable to the following taxpayers when their annual income is less than Rs. 20,00,000:

  • Individual taxpayers
  • Hindu Undivided Family (HUF) 
  • Association Of Persons (AOP) 
  • Body Of Individuals (BOI) 
  • An artificial juridical person 

Therefore, this exemption based on monetary threshold of adjusted total income is not applicable to LLPs, partnership firms and other non-corporate assessees.

Calculation of Adjusted Total Income

Adjusted total income and AMT is arrived in the following manner:

ParticularsAmount (in Rs)
Taxable income (A)XXXXX
Add: Deduction claimed if any under Chapter VI-A from 80H to 80RRB except 80P (B)XXXXX
Deduction claimed if any under Section 10AA (C)XXXXX
Deduction claimed if any under Section 35AD reduced by regular depreciation allowed (D)XXXXX
Adjusted total income (E) = (A)+(B)+(C)+(D)XXXXX
AMT – 18.5% of (E)XXXXX

Computation of Tax Liability When AMT Provisions are Applicable

ParticularsAmount (in Rs)
Tax liability computed as per normal provisions of the Income-tax Act – normal tax liabilityXXXX
AMT computed at 18.5% (plus applicable surcharge and cess) on adjusted total incomeXXXX
Tax liability of taxpayerHigher of the above

AMT Credit

Though AMT was introduced to collect tax from zero tax companies, it was also with the intention of having consistent flow of tax to public fund. Therefore, while minimum tax is being levied in an FY wherein normal tax is lower than AMT, in subsequent FYs wherein AMT is lower than normal tax, AMT paid earlier is allowed to be carried forward and reduced against normal tax to the extent of the difference between normal tax and AMT. Balance if any after such set off can be carried forward to subsequent FYs. This concept is called AMT Credit.

However, AMT Credit is not allowed to be carried forward for only upto 15 FYs succeeding the FY in which such AMT is paid. In case of any change in normal tax due to any order passed by income tax department, AMT credit will also change accordingly. Further, if taxpayer has any foreign tax credit (tax paid in foreign countries with which India has bilateral or unilateral tax agreement) to be claimed against AMT, any FTC in excess of AMT shall be ignored.

Claiming of AMT Credit

The following conditions must be satisfied to claim AMT credit:

  • The credit should set off up to the maximum period of the 15 assessment years.
  • No interest is allowed to be payable on such credit.
  • The tax credit under Section 115JD varies in case the amount of normal income tax or any AMT changes due to any order passed under the Income Tax Act.

The assessee can also set off bought forward AMT credit during the financial year in which the total adjusted income does not exceed Rs. 20 lakhs after claiming deduction under Section 10AA, Section 35AD or Chapter VI-A.

Reporting Requirement

All taxpayers to whom AMT provisions are applicable is required to obtain a report from Chartered Accountant certifying that adjusted total income and AMT have been computed as per provisions of Income-tax Act, in Form No. 29C and furnish the report on or before the due date for filing the return of income. Report can be filed electronically along with return of income.

Screenshot of Form No. 29C is given below:

Form No. 29C

Illustration

Illustration (assuming status of taxpayer to be individual) Amount (in Rs)

ParticularsFY 1FY 2
Taxable income (A)19,30,00020,50,000
Add: Deduction claimed if any under Chapter VI-A from 80H to 80RRB except 80P (B)1,00,000Nil
Deduction claimed if any under Section 10AA (C)75,00025,000
Deduction claimed if any under Section 35AD reduced by regular depreciation allowed (D)4,50,000Nil
Adjusted total income (E) = (A)+(B)+(C)+(D)25,55,00020,75,000
Comparison of normal tax and AMT  
AMT – (18.5% of (E) plus education cess @ 3%) (F)4,91,5823,99,230
Tax liability computed as per normal provisions of the Income-tax Act – normal tax liability as per applicable slab for individual including education cess (G)4,07,1604,44,600
Tax liability of taxpayer – (H) = Higher of (F) and (G)4,91,582 (AMT being the tax liability, AMT can be c/f to next FY for set off if any)4,44,60
Less: MAT Credit b/f (restricted to excess of normal tax over AMT) 
As only Rs 45,370 (Rs 4,44,600-3,99,230) is claimed in FY 2 out of total AMT credit of Rs 84,422 balance unclaimed AMT credit of Rs 39,052 can be carried forward for set off till next 15 financial years
Nil45,370
Final tax liability of taxpayer (rounded off)4,91,5823,99,230

inline CTA
File your returns in just 3 minutes
100% pre-fill. No manual data entry
About the Author

Multitasking between pouring myself coffees and poring over the ever-changing tax laws. Here, I've authored 100+ blogs on income tax and simplified complex income tax topics like the intimidating crypto tax rules, old vs new tax regime debate, changes in debt funds taxation, budget analysis and more. Some combinations I like- tax and content, finance & startups, technology & psychology, fitness & neuroscience. Read more

CONTENTS

Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.

Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.

CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.

Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.

Cleartax is a product by Defmacro Software Pvt. Ltd.

Company PolicyTerms of use

ISO

ISO 27001

Data Center

SSL

SSL Certified Site

128-bit encryption