Is section 115JD applicable to individuals?

Asked by: Prof. Gus Feil V  |  Last update: May 6, 2026
Score: 4.1/5 (58 votes)

Yes, Section 115JD (AMT Credit) is applicable to individuals, but primarily when their adjusted total income exceeds ₹20 lakh and they've paid extra tax under Alternative Minimum Tax (AMT); however, recent amendments (Finance Act 2023) exclude individuals opting for specific new tax regimes (115BAC, 115BAD, 115BAE) from April 1, 2024, onwards. It allows individuals to carry forward the excess AMT paid as a credit for future years when regular tax liability is higher.

What is the applicability of Section 115JD?

Under Section 115JD of the Income Tax Act, if the standard tax due is lower than the tax calculated under the Alternative Minimum Tax (AMT) system, the AMT must be paid. The difference between the regular tax amount and the tax paid under AMT is recognised as an AMT credit.

Does AMT apply to individuals?

Understanding California's AMT

While the federal AMT applies to both individuals and corporations, California's AMT is focused solely on individual taxpayers. Its purpose remains the same: to prevent taxpayers from reducing their tax liability excessively through deductions and credits.

Is section 115JC applicable to individuals in India?

Section 115JC applies to taxpayers with lower incomes after deductions than the threshold set by the AMT system. Example: Suppose a person has a total income of ₹10,00,000 but claims ₹9,00,000 worth of deductions. Without Section 115JC, they would only pay taxes on ₹1,00,000.

Is AMT applicable to individuals?

Further, the provisions of AMT shall apply to an individual or a Hindu undivided family or an association of persons or a body of individuals (whether incorporated or not) or an artificial juridical person only if the adjusted total income of such person exceeds Rs. 20,00,000.

Alternate Minimum Tax (Direct Tax) Sec 115JC

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Who is affected by the AMT?

Taxpayer Profiles Most Likely to Be Affected

Married households earning $750,000 to $1.5 million: This income range represents the center of new AMT exposure. State and local taxes, property taxes, and one or two AMT preference items are often sufficient to push these households into the phaseout zone.

What is the minimum alternate tax under section 115JB?

As per section 115JB, every company has to pay MAT if the tax (including surcharge and cess) on the total income for the financial year is less than 15% of its book-profit + surcharge (SC) + health & education cess.

How to avoid AMT tax?

To avoid AMT, you can defer income and large deductions, max out pre-tax retirement accounts like 401(k)s, manage Incentive Stock Options (ISOs) by exercising strategically or selling early if values drop, time the payment of state/local taxes, and consider making charitable contributions or specific tax elections, but the best approach involves consulting a tax professional to tailor a strategy for your specific situation. 

Which tax regime is better for NRIS?

The old tax regime is better and beneficial if you want to claim exemptions and deductions as an NRI. Investment in Tax-Saving Instruments: If the taxpayer invests in tax-saving schemes and instruments under the Income Tax Act section 80C.

What is the difference between 115JB and 115BAA?

MAT, under Section 115JB, is usually levied on companies if their tax liability, calculated under normal provisions, is less than 15% of their book profit. However, those choosing Section 115BAA are not subject to MAT, reducing their overall tax burden.

How do you know if AMT applies to you?

To find out if you may be subject to the AMT, refer to the Alternative Minimum Tax (AMT) line instructions in the Instructions for Form 1040 (and Form 1040-SR). If subject to the AMT, you may be required to complete and attach Form 6251, Alternative Minimum Tax – Individuals. See the Instructions for Form 6251 PDF.

Who is most likely to pay AMT?

The AMT is now most likely to hit those at the top of the income scale who are engaged in certain tax sheltering activities. Taxpayers pay the higher of their tax calculated under regular income tax rules or under the rules for the alternative minimum tax (AMT).

What triggers red flags to IRS?

IRS red flags that trigger audits primarily involve mismatched income, excessive deductions/losses compared to income, claiming large business expenses (like a big home office deduction), and failing to report income from third-party sources (like 1099s). The IRS uses computer programs to compare your return with forms it receives (W-2s, 1099s) and industry averages, flagging discrepancies in income, credits, or deductions that seem too high or unusual. 

Are individuals subject to AMT?

California's AMT operates similarly to its federal counterpart but with some distinct differences. While the federal AMT applies to both individuals and corporations, California's AMT is focused solely on individual taxpayers.

What are the new rules for buyback of shares?

The New Buyback Tax Rules (From 1 October 2024)

Amount received is “deemed dividend”: The full consideration received by the shareholder in a buyback is treated as dividend under section 2(22)(f) and is taxable in the shareholder's hands (as “Income from Other Sources”) at the applicable slab or treaty rate.

Is AMT better than standard tax?

The maximum AMT rate is “only” 28% versus the 37% maximum regular federal income tax rate. At first glance, it may seem counterintuitive that anyone would worry about paying AMT. However, while the top AMT rate is lower, it applies to a much larger taxable base with fewer deductions and credits.

Is NRI eligible for the new tax regime?

NRIs have the same tax slab rates as residents. Both NRIs and residents have the flexibility to choose between the old tax regime and the new tax regime slabs.

How to avoid 40% tax?

To legally lower your 40% tax bracket, focus on reducing your taxable income through retirement contributions (401(k), IRA, HSA), utilizing tax credits, maximizing deductions (charitable giving, home office), deferring income, and strategic investments like municipal bonds or tax-loss harvesting. These methods shift income or provide credits, effectively lowering the percentage of your income the government taxes at higher rates. 

Which ITR is required for NRIs?

ITR-2 is applicable for all types of income except business income. For business income, NRIs can use ITR-3. Note: ITR-1 has been discontinued for NRIs. Fill in the Details: Provide accurate information regarding your income, deductions and taxes paid.

What is the 60% trap?

At a glance. If your total income is between £100,000 and £125,140, the tapering of the personal allowance means you could end up paying an effective 60% income tax rate. Almost 725,000 workers will fall into the 60% tax trap in 2025-26, according to HMRC, up from about 300,000 in 2017-2018.

How much an hour is $70,000 a year after taxes?

$70,000 a year is about $33.65 per hour before taxes, but after federal, state, and FICA taxes (depending on your location and filing status), your actual hourly take-home pay could range roughly from $21 to $25 per hour, with total annual take-home pay often falling between $43,500 and $52,000. 

How do you avoid minimum alternate tax?

Six Ways to Mitigate AMT Risk

  1. Exercise ISOs early in the year. ...
  2. Exercise and hold ISOs when the spread is low. ...
  3. Be mindful of the Alternative Minimum Phase Out. ...
  4. Plan for the Alternative Minimum Tax Credit and the AMT carryforward. ...
  5. Exercise and hold your ISOs when selling other Qualified ISOs.

Who is not applicable to alternate minimum tax?

AMT not applicable

The provisions of AMT would, however, not be applicable to an individual, HUF, AOP, BOI, whether incorporated or not, or artificial juridical person, if the adjusted total income of such person does not exceed ₹ 20 lakh.

Is 30% tax on F&O trading?

Tax Rates on F&O Trading

There is no separate short-term or long-term capital gains tax regime for F&O profits. Traders fall under either the old or new tax regime and must pay taxes according to these slab rates, with the highest slab reaching up to 30% plus applicable cess.