How should the credit for prior year minimum tax computed on Credit for Prior Year Minimum Tax-Individuals, Estates, and Trusts, Federal Form 8801, for a taxpayer’s 2012 U.S. Fiduciary Income Tax Return, Federal Form 1041, be recalculated to compute the Nebraska tax credit?
The federal credit for prior year minimum tax must be recomputed using the adjustments required by Neb. Rev. Stat. § 77-2717. This allows for the computation of items which are reflected differently in the determination of the federal credit for prior year minimum tax. This applies to any schedules or other forms, the results of which are used in calculating the federal credit.
Nebraska Revenue Ruling 23-12-1 provides the adjustments for alternative minimum tax (AMT) computations for Nebraska determinations. This ruling must be used for purposes of calculating the Nebraska credit for prior year minimum tax.
If you have a 2012 tax year alternative minimum tax liability, a credit for prior year alternative minimum tax is not allowed.
The specific line entries and the required adjustments in recomputing the credit for prior year minimum tax for the 2012 Nebraska Fiduciary Income Tax Return, Form 1041N, are provided below. Recalculate all total or computational lines to reflect adjustments made pursuant to this ruling.
In completing the 2012 Federal Form 8801, use the amounts from the 2011 Federal Form 1041, Schedule I, and Federal Form 8801 recomputed for Nebraska pursuant to Revenue Rulings 23-11-1 and 23-11-2.
2012 Federal Form 8801 (Credit for Prior Year Minimum Tax - Individuals, Estates, and Trusts):
Part I –
Follow federal instructions to recompute the net minimum tax on exclusion items through line 15 of the recomputed 2012 Federal Form 8801.
Part II –
Multiply line 25 of the recomputed 2012 Federal Form 8801 by 29.6 percent (.2960). Enter this result on the Nebraska Fiduciary Income Tax Return, Form 1041N, as follows:
The Nebraska Minimum Tax Credit is a nonrefundable credit.
The recomputed Federal Form 8801 must be attached to the 2012 Nebraska Fiduciary Income Tax Return, Form 1041N, when filed.
Douglas A. Ewald
February 26, 2013