The lesser amount is deemed to be the income tax imposed by § 58.1-400 of the Code of Virginia on the telecommunications company.
If the telecommunications company's portion of the consolidated or combined tax imposed under § 58.1-400 of the Code of Virginia (as computed above) exceeds the minimum tax of the telecommunications company, the company is not required to pay any amount of minimum tax.
EXAMPLE 1: In taxable year 1992 Telecommunications Company (TC) files a calendar year consolidated income tax return with three other affiliated corporations: A, B, and C. TC's calendar year 1992 gross receipts are $200,000 and its minimum tax is equal to $1,800 ($200,000 X .9%). The corporate income tax return shows a consolidated taxable income of $ 33,333 and the tax due on the consolidated return is $2,000. TC must make the following computations to determine if it is subject to the minimum tax.
Step 1: Determine TC's Portion of the Consolidated Tax.
Company | Taxable Income if Companies Separately File | Income Tax if Companies Separately File |
A | (100,000) | 0 |
B | (11,667) | 0 |
C | 125,000 | 7,500 |
TC | 20,000 | 1,200 |
Total | 33,333 | 8,700 |
TC's Portion of the Consolidated Tax = $1,200. The lesser of TC's separate tax ($1,200) or the consolidated tax ($2,000).
Step 2: Determine Whether the Minimum Tax is Due.
Since the minimum tax of $1,800 exceeds TC's portion of the affiliated corporate income tax ($1,200), the minimum tax is applicable.
Step 3: Compute Additional Tax Due.
Minimum tax Less TC's portion of the consolidated tax Additional Tax Due | $1,800 -1,200 $600 |
EXAMPLE 2. In taxable year 1992 Telecommunications Company (TC) files a calendar year consolidated income tax return with three other affiliated corporations: A, B, and C. TC's calendar year 1992 gross receipts are $200,000 and its minimum tax is equal to $1,800 ($200,000 X .9%). The corporate income tax return shows a consolidated taxable income of $33,333 and the tax due on the consolidated return is $2,000. TC must make the following computations to determine if it is subject to the minimum tax.
Step 1: Determine TC's Portion of the Consolidated Tax.
Company | Taxable Income if Companies Separately File | Income Tax if Companies Separately File |
A | (50,000) | 0 |
B | (11,667) | 0 |
C | 55,000 | 3,300 |
TC | 40,000 | 2,400 |
Total | 33,333 | 5,700 |
TC's Portion of the Consolidated Tax = $2,000. The lesser of TC's separate tax ($2,400) or the consolidated tax ($2,000).
Step 2: Determine Whether the Minimum Tax is Due.
Since the minimum tax of $1,800 is less than TC's portion of the affiliated corporate income tax ($2,000), the minimum tax is not applicable and TC is subject to the income tax instead.
Step 3: Determine if Income Tax Credit is Allowable.
Gross Receipts 1.3% of Gross Receipts | $200,000 x 1.3% $2,600 |
Since TC's separate tax ($2,400) is less than 1.3% of gross receipts, no credit is applicable.
EXAMPLE 3. In taxable year 1992 Telecommunications Company (TC) files a calendar year consolidated income tax return with three other affiliated corporations: A, B and C. TC's calendar year 1992 gross receipts are $200,000 and its minimum tax is equal to $1,800 ($200,000 X .9%). The corporate income tax return shows a consolidated taxable income of $83,333 and the tax due on the consolidated return is $5,000. TC must make the following computations to determine if it is subject to the minimum tax.
Step 1: Determine TC's Portion of the Consolidated Tax.
Company | Taxable Income if Companies Separately File | Income Tax if Companies Separately File |
A | 0 | 0 |
B | (11,667) | 0 |
C | 5,000 | 300 |
TC | 90,000 | 5,400 |
Total | 83,333 | 5,700 |
TC's Portion of the Consolidated Tax = $5,000. The lesser of TC's separate tax ($5,400) or the consolidated tax ($5,000).
Step 2: Determine Whether the Minimum Tax is Due.
Since the minimum tax of $1,800 is less than TC's portion of the affiliated corporate income tax ($5,000), the minimum tax is not applicable and TC is subject to the income tax instead.
Step 3: Determine if Income Tax Credit is Allowable.
Gross Receipts 1.3% of Gross Receipts | $200,000 x 1.3% $2,600 |
Since TC's portion of the consolidated tax is more than the 1.3% of gross receipts, the credit is applicable.
Step 4: Determine Amount of Credit.
TC's Separate Tax 1.3% of Gross Receipts | $5,400 -2,600 |
Credit Base Credit percentage for 1992 | $2,800 x 50% |
Corporate Income Tax Credit | $1,400 |
23 Va. Admin. Code § 10-120-86
Statutory Authority
§§ 58.1-203 and 58.1-400.1 of the Code of Virginia.