A prior section 53, added Pub. L. 95–30, title II, § 202(b),
2022—Subsec. (d)(2). Pub. L. 117–169, § 10101(e)(2)(A), struck out “, except that in the case of a corporation, the tentative minimum tax shall be treated as zero” after “section 55(b)”.
Subsec. (d)(3). Pub. L. 117–169, § 10101(e)(2)(B), struck out par. (3). Prior to amendment, text read as follows: “In the case of a corporation, any references in this subsection to section 55, 56, or 57 shall be treated as a reference to such section as in effect before the amendments made by Tax Cuts and Jobs Act.”
Subsec. (e). Pub. L. 117–169, § 10101(e)(1), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to portion of credit treated as refundable.
2020—Subsec. (e)(1). Pub. L. 116–136, § 2305(a)(1), substituted “2018 or 2019” for “2018, 2019, 2020, or 2021”.
Subsec. (e)(2). Pub. L. 116–136, § 2305(a)(2), substituted “2019” for “2021” in introductory provisions.
Subsec. (e)(5). Pub. L. 116–136, § 2305(b)(1), added par. (5).
2017—Subsec. (d)(2). Pub. L. 115–97, § 12001(b)(2), inserted “, except that in the case of a corporation, the tentative minimum tax shall be treated as zero” before period at end.
Subsec. (d)(3). Pub. L. 115–97, § 12002(b), added par. (3).
Subsec. (e). Pub. L. 115–97, § 12002(a), added subsec. (e).
2014—Subsecs. (e), (f). Pub. L. 113–295 struck out subsecs. (e) and (f) which related to special rule for individuals with long-term unused credits and treatment of certain underpayments, interest, and penalties attributable to the treatment of incentive stock options, respectively.
2009—Subsec. (d)(1)(B)(iii). Pub. L. 111–5, § 1142(b)(4)(A), redesignated cl. (iv) as (iii) and struck out former cl. (iii). Prior to amendment, text read as follows: “The adjusted net minimum tax for the taxable year shall be increased by the amount of the credit not allowed under section 30 solely by reason of the application of section 30(b)(3)(B).”
Subsec. (d)(1)(B)(iii)(II). Pub. L. 111–5, § 1142(b)(4)(B), struck out “increased in the manner provided in clause (iii)” before period.
Subsec. (d)(1)(B)(iv). Pub. L. 111–5, § 1142(b)(4)(A), redesignated cl. (iv) as (iii).
2008—Subsec. (e)(2). Pub. L. 110–343, § 103(a), reenacted heading without change and amended text generally. Prior to amendment, par. (2) defined “AMT refundable credit amount” and provided for phaseout of AMT refundable credit amount based on adjusted gross income.
Subsec. (f). Pub. L. 110–343, § 103(b), added subsec. (f).
2007—Subsec. (e)(2)(A). Pub. L. 110–172 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘AMT refundable credit amount’ means, with respect to any taxable year, the amount equal to the greater of—
“(i) the lesser of—
“(I) $5,000, or
“(II) the amount of long-term unused minimum tax credit for such taxable year, or
“(ii) 20 percent of the amount of such credit.”
2006—Subsec. (e). Pub. L. 109–432 added subsec. (e).
2005—Subsec. (d)(1)(B)(iii). Pub. L. 109–58 struck out “under section 29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of section 29(b)(6)(B), or not allowed” before “under section 30”.
2004—Subsec. (d)(1)(B)(i)(II). Pub. L. 108–357 struck out “and if section 59(a)(2) did not apply” before period at end.
1996—Subsec. (d)(1)(B)(iii). Pub. L. 104–188, § 1205(d)(5)(A), which directed that cl. (iii) be amended by striking out “or not allowed under section 28 solely by reason of the application of section 28(d)(2)(B),” was executed by striking out “not allowed under section 28 solely by reason of the application of section 28(d)(2)(B),” after “29(b)(6)(B),”, to reflect the probable intent of Congress.
Subsec. (d)(1)(B)(iv)(II). Pub. L. 104–188, § 1704(j)(1), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “the adjusted net minimum tax for any taxable year is the amount of the net minimum tax for such year increased by the amount of any credit not allowed under section 29 solely by reason of the application of section 29(b)(5)(B) or not allowed under section 28 solely by reason of the application of section 28(d)(2)(B).”
Pub. L. 104–188, § 1205(d)(5)(B), which directed that subcl. (II) be amended by striking out “or not allowed under section 28 solely by reason of the application of section 28(d)(2)(B)”, could not be executed because the phrase sought to be struck out did not appear in text subsequent to the general amendment of subcl. (II) by Pub. L. 104–188, § 1704(j)(1), see above, which, pursuant to section 1701 of Pub. L. 104–188, set out as a note under section 1 of this title, is treated as having been enacted before section 1205(d)(5)(B) of Pub. L. 104–188.
1993—Subsec. (d)(1)(B)(ii)(II). Pub. L. 103–66, § 13171(c), substituted “(5), and (7)” for “(5), (6), and (8)”.
Pub. L. 103–66, § 13113(b)(2), substituted “(6), and (8)” for “and (6)”.
1992—Subsec. (d)(1)(B)(iii). Pub. L. 102–486, § 1913(b)(2)(C)(i), substituted “section 29(b)(6)(B),” for “section 29(b)(5)(B) or”.
Pub. L. 102–486, § 1913(b)(2)(C)(ii), inserted before period at end “, or not allowed under section 30 solely by reason of the application of section 30(b)(3)(B)”.
1989—Subsec. (d)(1)(B)(i)(II). Pub. L. 101–239, § 7811(d)(2), inserted before period at end “and if section 59(a)(2) did not apply”.
Subsec. (d)(1)(B)(ii). Pub. L. 101–239, § 7612(a)(2), substituted “subsection (b)(1)” for “subsections (b)(1) and (c)(3)” in subcl. (I) and struck out at end “In the case of taxable years beginning after 1989, the adjustments provided in section 56(g) shall be treated as specified in this clause to the extent attributable to items which are excluded from gross income for any taxable year for purposes of the regular tax, or are not deductible for any taxable year under the adjusted current earnings method of section 56(g).”
Subsec. (d)(1)(B)(iii). Pub. L. 101–239, § 7612(b)(1), which directed amendment of cl. (iii) by inserting “or not allowed under section 28 solely by reason of the application of section 28(d)(2)(B)” after “section 29(d)(5)(B)”, was executed by making the insertion after “section 29(b)(5)(B)”, as the probable intent of Congress.
Subsec. (d)(1)(B)(iv). Pub. L. 101–239, § 7612(b)(1), which directed amendment of cl. (iv) by inserting “or not allowed under section 28 solely by reason of the application of section 28(d)(2)(B)” after “section 29(d)(5)(B)”, was executed by making the insertion after “section 29(b)(5)(B)” in subcl. (II), as the probable intent of Congress.
Pub. L. 101–239, § 7612(a)(1), added cl. (iv).
1988—Subsec. (d)(1)(B)(ii). Pub. L. 100–647, § 1007(g)(4), substituted “current earnings” for “earnings and profits” in last sentence.
Subsec. (d)(1)(B)(iii). Pub. L. 100–647, § 6304(a), added cl. (iii).
Amendment by Pub. L. 117–169 applicable to taxable years beginning after
Pub. L. 116–136, div. A, title II, § 2305(c),
Amendment by section 12001(b)(2) of Pub. L. 115–97 applicable to taxable years beginning after
Pub. L. 115–97, title I, § 12002(d), “(1) The amendments made by this section [amending this section and section 1374 of this title] shall apply to taxable years beginning after “(2) The amendment made by subsection (c) [amending section 1374 of this title] shall apply to taxable years beginning after
Amendment by Pub. L. 113–295 effective
Amendment by Pub. L. 111–5 applicable to vehicles acquired after
Pub. L. 110–343, div. C, title I, § 103(c), “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to taxable years beginning after “(2) Section 53(f)(1), as added by subsection (b), shall take effect on the date of the enactment of this Act [
Pub. L. 110–172, § 2(b),
Pub. L. 109–432, div. A, title IV, § 402(c),
Amendment by Pub. L. 109–58 applicable to credits determined under the Internal Revenue Code of 1986 for taxable years ending after
Pub. L. 108–357, title IV, § 421(b),
Amendment by section 1205(d)(5) of Pub. L. 104–188 applicable to amounts paid or incurred in taxable years ending after
Pub. L. 104–188, title I, § 1704(j)(1),
Pub. L. 103–66, title XIII, § 13113(e),
Pub. L. 103–66, title XIII, § 13171(d),
Pub. L. 104–188, title I, § 1702(e)(5),
Pub. L. 102–486, title XIX, § 1913(c),
Pub. L. 101–239, title VII, § 7612(a)(3),
Pub. L. 101–239, title VII, § 7612(b)(2),
Amendment by section 7811(d)(2) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.
Amendment by section 1007(g)(4) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Pub. L. 100–647, title VI, § 6304(b),
Section applicable to taxable years beginning after
For applicability of amendment by section 701(b) of Pub. L. 99–514 [enacting this section] notwithstanding any treaty obligation of the United States in effect on
Pub. L. 113–295, div. A, title II, § 221(a)(8)(A)(ii),
Pub. L. 116–136, div. A, title II, § 2305(d), “(1) For purposes of the Internal Revenue Code of 1986, a credit or refund for which an application described in paragraph (2)(A) is filed shall be treated as made under section 6411 of such Code.“(2) “(A) A taxpayer may file an application for a tentative refund of any amount for which a refund is due by reason of an election under section 53(e)(5) of the Internal Revenue Code of 1986. Such application shall be in such manner and form as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe and shall—“(i) be verified in the same manner as an application under section 6411(a) of such Code,“(ii) be filed prior to “(iii) set forth—“(I) the amount of the refundable credit claimed under section 53(e) of such Code for such taxable year,“(II) the amount of the refundable credit claimed under such section for any previously filed return for such taxable year, and“(III) the amount of the refund claimed.“(B) Within a period of 90 days from the date on which an application is filed under subparagraph (A), the Secretary of the Treasury (or the Secretary’s delegate) shall—“(i) review the application,“(ii) determine the amount of the overpayment, and“(iii) apply, credit, or refund such overpayment,in a manner similar to the manner provided in section 6411(b) of the Internal Revenue Code of 1986.“(C) The provisions of section 6411(c) of the Internal Revenue Code of 1986 Code shall apply to an adjustment under this paragraph to the same extent and manner as the Secretary of the Treasury (or the Secretary’s delegate) may provide.”