[Code of Federal Regulations]
[Title 26, Volume 11]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.1374-6]

[Page 771-772]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.1374-6  Credits and credit carryforwards.

    (a) In general. The credits and credit carryforwards allowed as 
credits against the section 1374 tax under section 1374(b)(3) are 
allowed only to the extent their use is allowed under the rules applying 
to C corporations. Any other credits or credit carryforwards, such as 
foreign tax credits under section 901, are not allowed as credits 
against the section 1374 tax.
    (b) Limitations. The amount of business credit carryforwards and 
minimum tax credit allowed against the

[[Page 772]]

section 1374 tax are subject to the limitations described in section 
38(c) and section 53(c), respectively, as modified by this paragraph. 
The tentative tax determined under paragraph (a)(3) of Sec. 1.1374-1 is 
treated as the regular tax liability described in sections 38(c)(1) and 
53(c)(1), and as the net income tax and net regular tax liability 
described in section 38(c)(1). The tentative minimum tax described in 
section 55(b) is determined using the rate of tax applicable to 
corporations and without regard to any alternative minimum tax foreign 
tax credit described in that section and by treating the net recognized 
built-in gain determined under Sec. 1.1374-2, modified to take into 
account the adjustments of sections 56 and 58 applicable to corporations 
and the preferences of section 57, as the alternative minimum taxable 
income described in section 55(b)(2).
    (c) Examples. The rules of this section are illustrated by the 
following examples.

    Example 1. Business credit carryforward. X is a C corporation that 
elects to become an S corporation effective January 1, 1996. On that 
date, X has a $500,000 business credit carryforward from a C year and 
Asset 1 with a fair market value of $400,000, a basis for 
regular tax purposes of $95,000, and a basis for alternative minimum tax 
purposes of $150,000. In 1996, X has net recognized built-in gain of 
$305,000 from selling Asset 1 for $400,000. Thus, X's tentative 
tax under paragraph (a)(3) of Sec. 1.1374-1 and regular tax liability 
under paragraph (b) of this section is $106,750 ($400,000-
$95,000=$305,000 x .35= $106,750, assuming a 35 percent tax rate). Also, 
X's tentative minimum tax determined under paragraph (b) of this section 
is $47,000 [$400,000-$150,000=$250,000-$15,000 ($40,000 corporate 
exemption amount -$25,000 phase-out=$15,000)=$235,000 x .20=$47,000, 
assuming a 20 percent tax rate]. Thus, the business credit limitation 
under section 38(c) is $59,750 [$106,750-$47,000 (the greater of $47,000 
or $20,438 (.25 x $81,750 ($106,750-$25,000=$81,750))) = $59,750]. As a 
result, X's section 1374 tax is $47,000 ($106,750-$59,750= $47,000) for 
1996 and X has $440,250 ($500,000-$59,750 = $440,250) of business credit 
carryforwards for succeeding taxable years.
    Example 2. Minimum tax credit. Y is a C corporation that elects to 
become an S corporation effective January 1, 1996. On that date, 
Asset1 has a fair market value of $5,000,000, a basis for 
regular tax purposes of $4,000,000, and a basis for alternative minimum 
tax purposes of $4,750,000. Y also has a minimum tax credit of $310,000 
from 1995. Y has no other assets, no net operating or capital loss 
carryforwards, and no business credit carryforwards. In 1996, Y's only 
transaction is the sale of Asset 1 for $5,000,000. Therefore, Y 
has net recognized built-in gain in 1996 of $1,000,000 ($5,000,000-
$4,000,000=$1,000,000) and a tentative tax under paragraph (a)(3) of 
Sec. 1.1374-1 of $350,000 ($1,000,000x.35=$350,000, assuming a 35 
percent tax rate). Also, Y's tentative minimum tax determined under 
paragraph (b) of this section is $47,000 [$5,000,000-
$4,750,000=$250,000-$15,000 ($40,000 corporate exemption amount -$25,000 
phase-out = $15,000) = $235,000x.20 = $47,000, assuming a 20 percent tax 
rate]. Thus, Y may use its minimum tax credit in the amount of $303,000 
($350,000-$47,000=$303,000) to offset its section 1374 tentative tax. As 
a result, Y's section 1374 tax is $47,000 ($350,000-$303,000=$47,000) in 
1996 and Y has a minimum tax credit attributable to years for which Y 
was a C corporation of $7,000 ($310,000-$303,000=$7,000).

[T.D. 8579, 59 FR 66469, Dec. 27, 1994]