Frequently Asked Questions
Who is eligible for the AFSI Depreciation and Intangible Drilling Cost Adjustment?
Large corporations subject to the Corporate Alternative Minimum Tax (CAMT).
How does the AFSI Depreciation and Intangible Drilling Cost Adjustment work?
Reduces Adjusted Financial Statement Income (AFSI) by tax depreciation (Sec 167/168) and IDC (Sec 263c) instead of book depreciation/depletion for Corporate Alternative Minimum Tax (CAMT) purposes.
What law authorizes the AFSI Depreciation and Intangible Drilling Cost Adjustment?
The AFSI Depreciation and Intangible Drilling Cost Adjustment is authorized under IRC §56A(c)(13) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §56A
Source: Internal Revenue Code, Title 26, United States Code
§ 56A. Adjusted financial statement income(a) In generalFor purposes of this part, the term “adjusted financial statement income” means, with respect to any corporation for any taxable year, the net income or loss of the taxpayer set forth on the taxpayer’s applicable financial statement for such taxable year, adjusted as provided in this section.
(b) Applicable financial statementFor purposes of this section, the term “applicable financial statement” means, with respect to any taxable year, an applicable financial statement (as defined in section 451(b)(3) or as specified by the Secretary in regulations or other guidance) which covers such taxable year.
(c) General adjustments(1) Statements covering different taxable yearsAppropriate adjustments shall be made in adjusted financial statement income in any case in which an applicable financial statement covers a period other than the taxable year.
(2) Special rules for related entities(A) Consolidated financial statementsIf the financial results of a taxpayer are reported on the applicable financial statement for a group of entities, rules similar to the rules of section 451(b)(5) shall apply.
(B) Consolidated returnsExcept as provided in regulations prescribed by the Secretary, if the taxpayer is part of an affiliated group of corporations filing a consolidated return for any taxable year, adjusted financial statement income for such group for such taxable year shall take into account items on the group’s applicable financial statement which are properly allocable to members of such group.
(C) Treatment of dividends and other amountsIn the case of any corporation which is not included on a consolidated return with the taxpayer, adjusted financial statement income of the taxpayer with respect to such other corporation shall be determined by only taking into account the dividends received from such other corporation (reduced to the extent provided by the Secretary in regulations or other guidance) and other amounts which are includible in gross income or deductible as a loss under this chapter (other than amounts required to be included under sections 951 and 951A or such other amounts as provided by the Secretary) with respect to such other corporation.
(D) Treatment of partnerships(i) In generalExcept as provided by the Secretary, if the taxpayer is a partner in a partnership, adjusted financial statement income of the taxpayer with respect to such partnership shall be adjusted to only take into account the taxpayer’s distributive share of adjusted financial statement income of such partnership.
(ii) Adjusted financial statement income of partnershipsFor the purposes of this part, the adjusted financial statement income of a partnership shall be the partnership’s net income or loss set forth on such partnership’s applicable financial statement (adjusted under rules similar to the rules of this section).
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