U.S. CODE

U.S. Code

§ 59A. Environmental tax

(a) Imposition of tax

In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of—

(1) the modified alternative minimum taxable income of such corporation for the taxable year, over

(2) $2,000,000.

(b) Modified alternative minimum taxable income

For purposes of this section, the term “modified alternative minimum taxable income” means alternative minimum taxable income (as defined in section 55 (b)(2)) but determined without regard to—

(1) the alternative tax net operating loss deduction (as defined in section 56 (d)), and

(2) the deduction allowed under section 164 (a)(5).

The tax imposed by subsection (a) shall not apply to—

(1) a regulated investment company to which part I of subchapter M applies, and

(2) a real estate investment trust to which part II of subchapter M applies.

(d) Special rules

(1) Short taxable years

The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary.

(2) Section 15 not to apply

Section 15 shall not apply to the tax imposed by this section.

(e) Application of tax

(1) In general

The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996.

(2) Earlier termination

The tax imposed by this section shall not apply to taxable years—

(A) beginning during a calendar year during which no tax is imposed under section 4611 (a) by reason of paragraph (2) of section 4611 (e), and

(B) beginning after the calendar year which includes the termination date under paragraph (3) of section 4611 (e).

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