Revenue Ruling 23-09-2
Fiduciary Income Tax

COMPUTATION OF 2009 CREDIT FOR PRIOR YEAR MINIMUM TAX TO
DETERMINE NEBRASKA MINIMUM TAX CREDIT
FOR THE 2009 NEBRASKA RETURN

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Issue:

How is 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 2009 U.S. Fiduciary Income Tax Return, Federal Form 1041, to be recalculated in order to compute the Nebraska tax credit?

Conclusion:

Neb. Rev. Stat. § 77-2717 directs that the federal credit for prior year minimum tax be recomputed using the adjustments required by the Nebraska Revenue Act of 1967, as amended.

Analysis:

Nebraska Revenue Ruling 23-09-1provides the adjustments for alternative minimum tax (AMT) computations for Nebraska determinations. This ruling is to be used for purposes of calculating the Nebraska credit for prior year minimum tax.

The specific line entries and the required adjustments in recomputing the credit for prior year minimum tax for the 2009 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 2009 Federal Form 8801, use the amounts from the 2008 Federal Form 1041, Schedule I, and Federal Form 8801 recomputed for Nebraska pursuant to Revenue Rulings 23-08-1 and 23-08-2.

2009 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 2009 Federal Form 8801.

Part II —

Multiply line 27 of the recomputed 2009 Federal Form 8801 by 29.6 percent (.2960). This result is to be entered on the Nebraska Fiduciary Income Tax Return, Form 1041N, as follows:
 

  1. Resident estates and trusts are to enter the result on line 13 and write in the phrase, “AMT Credit”; and
     
  2. Nonresident estates and trusts are to enter the result on line 30, Nebraska Schedule I, and write in the phrase, “AMT Credit”. Enter as a negative number, subtract from line 29, and enter difference on line 31.

The Nebraska Minimum Tax Credit is a nonrefundable credit.

The recomputed Federal Form 8801 must be attached to the 2009 Nebraska Fiduciary Income Tax Return, Form 1041N, when filed.

APPROVED:

Douglas A. Ewald
Tax Commissioner

February 3, 2010