30 May 2024
A Partnership Firm has claimed deduction u/s 80-IBA in Year 1 and has accordingly paid Alternate Minimum Tax @ 18.5% amounting to Rs. 3.5 Lakhs. Accordingly Rs. 3.5 Lakhs is the AMT Credit carried forward by the Firm.
In year 2, there are no deductions to be claimed. Firm had a normal business income of say 10 Lakhs on which Tax is payable Rs 3 Lakhs.
Can the Partnership Firm utilize entire AMT Credit b/f (i.e. 3.5 Lakhs) against tax liability of 3 Lakhs in Year 2 and pay 0 tax in Year 2 OR is the Firm required to pay AMT (i.e. 18.5% on 10 Lakhs) in year 2 also?
1. **Utilization of AMT Credit from Year 1:** - The Partnership Firm has an AMT Credit of Rs. 3.5 lakhs carried forward from Year 1 due to claiming deduction u/s 80-IBA and paying Alternate Minimum Tax (AMT) @ 18.5%. - In Year 2, the firm has normal business income of Rs. 10 lakhs and a regular tax liability of Rs. 3 lakhs.
2. **Application of AMT Credit:** - The AMT Credit of Rs. 3.5 lakhs from Year 1 can be utilized to offset the regular tax liability of Rs. 3 lakhs in Year 2. - Therefore, the firm can utilize the entire AMT Credit amount against its tax liability for Year 2.
3. **Tax Payment in Year 2:** - Since the regular tax liability for Year 2 is Rs. 3 lakhs and the AMT Credit carried forward is Rs. 3.5 lakhs, the firm will pay 0 tax for Year 2 after utilizing the AMT Credit. - There is no requirement for the firm to pay AMT again on the business income of Rs. 10 lakhs in Year 2 because the regular tax liability is being fully covered by the AMT Credit carried forward.
4. **Conclusion:** - The Partnership Firm can utilize the entire AMT Credit of Rs. 3.5 lakhs carried forward from Year 1 to offset the regular tax liability of Rs. 3 lakhs in Year 2. - As a result, the firm will not have to pay any tax in Year 2 after adjusting the AMT Credit against the tax liability.
Ensure that the utilization of AMT Credit is correctly reflected in the firm's tax filings and compliance documentation. If you have specific questions or need further assistance, consulting with a tax advisor or CA would be beneficial to ensure proper handling of AMT and tax obligations.
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