01/05/2017
As per section 115JC of Income Tax Act , 1961 , AMT is Alternate Minimum Tax computed on the adjusted total income of a non corporate assessee.
Need For AMT?
AMT is introduced in the Act, to reach and collect minimum taxes from the Non Corporate Assessees who are claiming certain profit linked deductions. AMT is payable when Tax as per normal provisions is less than Alternate Minimum Tax on Adjusted Total Income.
Applicability:
1. The primary condition for applicability of AMT is that the assessee should be Non Corporate.
2. Such assessee should have claimed deduction under
- chapter VI heading C ( Deductions in respect of certain incomes except u/s 80P) or
- under section 10AA ( Profit derived by SEZ Units) or
- Section 35AD ( Deduction for expense on specified business)
Non Applicability:
AMT is not applicable if:
1. The Assessee is a corporate assessee
2. The Assessee is an Individual, HUF, AOP, BOI (whether incorporated or not ),Artificial Judicial Person and its Adjusted Total Income does not exceed Rs 20 Lakhs .
Hence, it can be said that AMT is applicable to Individual , HUF, AOP . BOI, Artificial Judicial Person, only if two conditions are satisfied:
- It has claimed deductions under sections (10AA/ 35AD/ Chapter VI heading C)
AND,
- The Adjusted Total Income exceeds Rs 20 Lakhs.
In all other cases, ( LLP, Partnership Firms , other Non Corporate Assesses) the relief of 20 Lakhs is not available.
Computation Of Adjusted Total Income:
| Total Income of the assessee under normal provisions of the Act | xxx |
| ADD: |
| Deduction claimed under Chapter VI heading C ( 80 H to 80 RRB except u/s 80P ) | |
| Deduction claimed under section 10AA | Xxx |
| Deduction claimed under section 35AD | Xxx |
| LESS: |
| Depreciation allowed u/s 32 of the Act as if no deduction u/s 35 AD in respect of such assets was allowed. | (Xxx) |
| Adjusted Total Income | Xxx |
Rate of AMT:
For AY 2017-18, the basic rate of AMT is 18.5 % which is increased by surcharge and Education & Secondary Higher Education Cess, as the case may be. It is summariesd as below:
| In case of firms/ cooperative society | Any other Non Corporate assessee |
| If Adjusted Total Income is upto Rs 1 crore. | 19.055% | 19.055% |
| If Adjusted Total Income exceeds Rs 1 crore. | 21.3416%* | 21.91325%* |
*Surcharge in case of firms/ cooperative societies is 12% and 15% in other cases.
Credit & carry Forward:
AMT is payable if the normal tax liability is less than the AMT liability ( AMT > Normal Tax).
If in any year AMT is payable then the difference between the Normal Tax Payable and AMT paid is allowed as AMT Credit and can be adjusted with normal tax liability in subsequent/ future year in which the normal income tax payable exceeds the AMT . AMT Credit can be carried forward upto 10 years.
Example: An Individual assessee in AY 2017-18 having total income of Rs 40 lakhs and has claimed deduction under Chapter VI A heading C of Rs 30 lakhs.
Normal Tax Calculation:
| Total Income : | 40 lakhs |
| Less Deduction u/c VI A heading c: | 30 lakhs |
| Taxable Income: | 10 lakhs |
| Tax Payable: | 1.28 lakhs |
AMT Calculation:
Adjusted Total Income:
| Taxable Income under normal Tax Provisions: | 10 Lakhs |
| Add: Deduction u/c VI A heading c: | 30 Lakhs |
| Adjusted Total Income: | 40 Lakhs |
| AMT Payable: | 7.62 Lakhs |
Since AMT payable is more than the Normal Tax Payable, the assessee will pay tax of Rs 7.62 lakhs. However, he will get tax credit of Rs 6.34 Lakhs ( 7.62-1.28) which can be carried forward and set off upto 2027-28.
Now, suppose in next year the assessee has total income of Rs 50 lakhs and deduction u/c VI A heading C is Rs 5 lakhs, then:
Normal Tax Calculation:
| Total Income : | 50 lakhs |
| Less Deduction u/c VI A heading c: | 5 lakhs |
| Taxable Income: | 45 lakhs |
| Tax Payable: | 12.10 lakhs |
AMT Calculation:
Adjusted Total Income:
| Taxable Income under normal Tax Provisions: | 45 Lakhs |
| Add: Deduction u/c VI A heading c: | 5 Lakhs |
| Adjusted Total Income: | 50 Lakhs |
| AMT Payable: | 9.53 Lakhs. |
Since, the Normal Tax Payable is more than the AMT payable , the assessee will pay the Normal tax of Rs 12.10 Lakhs . Also, the assessee will get AMT credit of 6.34 lakhs available to him.
Some Key Points:
- Save as otherwise provided in this Chapter, all other provisions of this Act shall apply to a non-corporate referred to in this Chapter. Hence, all other provisions relating to Advance tax, interest under sections 234A, 234B and 234C penalty, etc. shall apply to such non-corporate also.
- section 115JC lays down that an assessee liable to AMT should obtain a report in a prescribed format from an Chartered Accountant, certifying that the adjusted total income and the alternate minimum tax have been computed in accordance with the provisions of Chapter XIIBA and furnish the same on or before the due date of filing of the return u/s. 139(1).
- MAT Credit of Company is not allowed to be carried forward in the hands of LLP on conversion of Company into LLP.
- Deductions u/s 80 C to 80GGc,80 U and 80P are not to be added back in calculation of Adjusted Total In
- Even if in any subsequent year the chapter of 115JC is not applicable, the assessee can claim credit in such previous year.
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About the author
vijay rai
ACCOUNTS AND TAX CONSULTANTS
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