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Navigating the new realities of alternative minimum tax

By Erica Nielsen, CPA, CA 25 February 2026 9 min read

If you’re a high-income earner, it’s important to be familiar with the Alternative Minimum Tax (AMT) rules. AMT was first introduced in the 1985 federal budget to promote fairness in the tax system. For decades, the AMT rules remained relatively unchanged and rarely applied to most taxpayers. This changed significantly with new rules that took effect in 2024. The reforms made the AMT calculation much more relevant to high-income individuals. 

 

What is AMT?

As its name suggests, AMT is an alternate way to calculate tax. The purpose behind this parallel tax calculation is to ensure that high-income-earning individuals and certain trusts pay at least a minimum amount of tax when benefiting from certain deductions or credits. 

The complex AMT calculation involves adjusting regular taxable income using only those deductions and exemptions permitted for AMT purposes. This adjusted taxable income (ATI) is then reduced by an AMT exemption amount and multiplied by a flat AMT tax rate. The resulting AMT can then be reduced by certain eligible tax credits. If the AMT is higher than the “regular” tax, the taxpayer must use the alternative tax calculation and pay the amount owing. It is important to note that AMT applies to individuals (including certain trusts) but does not apply to corporations. It is also not applicable in the year of death.

 

Can AMT be recovered?

If AMT does apply, it can typically be refunded over the next seven years. Should an individual continue to earn sufficient taxable income after paying AMT, they can generally claim the historical AMT as a credit against the taxes that would otherwise be payable in those future years. As a result, AMT is often just a prepayment of tax, assuming one continues to earn income. Any AMT that has not been refunded after seven years is generally unrecoverable, becoming a permanent tax.

 

How does the AMT calculation differ from regular tax? 

The AMT calculation differs significantly from the regular tax calculation. While the regular system uses graduated tax brackets, the AMT is a flat 20.5% federal tax applied above a large exemption amount ($181,440 for 2026). The most important differences are in how income, deductions, and credits are treated:   

  • Capital gains inclusion: 100% of capital gains are included in ATI, compared to a 50% inclusion rate for regular tax.

  • Dividends: For regular tax purposes, dividends are subject to a gross-up and a dividend tax credit applies. For AMT purposes, dividends are included in ATI at their actual value (no gross-up) and no dividend tax credit applies.

  • Lifetime capital gains exemption (LCGE): For gains eligible for the LCGE, 30% of the capital gain is included in ATI, compared to a 0% inclusion for regular tax.

  • Donated publicly listed securities: 30% of the capital gain on donated publicly listed securities is included in ATI, compared to a 0% inclusion for regular tax  

  • Employee stock options: 100% of the employee stock option benefit is included in ATI. The 50% stock option deduction (available for regular tax purposes) is disallowed.

  • Deductions of certain expenses: Many deductions are limited for AMT purposes. For example, interest and financing costs incurred to earn property income is limited to 50% for AMT purposes. Note: A similar 50% limitation for investment counsel fees has been proposed but is not yet enacted law.

  • Capital losses carried forward and back: For AMT purposes, the deduction of capital losses carried forward and back remains restricted to 50%. These are applied against capital gains which are 100% included in income for AMT purposes. This results in capital loss carryforwards being only 50% as valuable for AMT purposes as they are for regular tax purposes.

  • Non-capital losses carried forward and back: While non-capital losses from other years are 100% deductible for regular tax, AMT restricts the use of these carryforwards and carrybacks to 50%.

  • Charitable donation tax credits are limited to 80% of their value for regular tax purposes.

  • Non-refundable tax credits: Most other non-refundable tax credits (such as the basic personal amount, medical expense credit, disability credit and tuition credit) are limited to 50% of their value for AMT purposes. 

These specific adjustments apply only for the purposes of the AMT calculation. The inclusion rate for capital gains, for example, remains at 50% under the regular tax system. While the large AMT exemption amount protects lower- to mid-income individuals, high-income individuals may face an AMT liability.

While the federal AMT rate is 20.5%, the effective combined rate is higher once provincial AMT is added. For most provinces, the provincial AMT is calculated as a specific percentage of the federal AMT (for example, in Alberta the provincial AMT is 35% of the federal AMT). 


Who might be impacted?

Below we will walk through a few situations where high-income individuals may be negatively affected by the AMT rules. The examples will compare the 20261 regular federal2 taxes payable to the AMT.

Individuals realizing large capital gains

For regular income tax purposes, only 50% of capital gains are included in taxable income. This results in a normal federal tax rate of 16.5% on capital gains for individuals who pay tax at the top federal rate. 

The AMT rate of 20.5% is 4% higher than the top federal rate for capital gains. The overall impact is such that significant capital gains realized in 2026 may give rise to AMT. 

Example 1: Large portfolio gains

Lou has an investment portfolio with accrued capital gains of $2 million. Lou has decided she wants to rebalance the portfolio to reduce her risk exposure, selling around a quarter of the investments. This would trigger $500,000 of capital gains. This is her only income for the year.

 

  Regular tax AMT
Capital gain $ 500,000 $ 500,000
Taxable portion of gain (50%/100%) $ 250,000 $ 500,000
AMT exemption N/A $ (181,440)
(Adjusted) taxable income $ 250,000 $ 318,560
Total tax/AMT (marginal rate/20.5%) $ 56,815 $ 65,305
AMT payable   $ 8,490

 

If Lou chooses to rebalance her entire portfolio in 2026, she would have nearly $8,500 of AMT payable over and above her regular tax bill. Provided her portfolio continues to generate taxable investment income in the following years, the AMT payable may be more of a pre-payment of tax, due to the seven-year AMT recovery period. If she does not have enough taxable income in future years to fully recover the AMT, any unrecovered AMT would be a permanent tax. Alternatively, Lou could consider rebalancing her portfolio over a period of two years to limit her AMT exposure. 

Individuals making significant cash donations

Only 80% of charitable donation tax credits will be allowed to reduce AMT. The good news is that individuals earning only employment, rental or dividend income who make large cash donations generally should not trigger AMT. However, individuals who have significant tax-preferred sources of income, and make large cash donations, could see a reduction in the value of their overall donation credit if they are already subject to AMT. 

Example 2: Large capital gain and cash donation

Following the same example as above, if Lou decided to donate $100,000 to her favourite charity in the same year she realized a large capital gain, her federal donation tax credit, which would normally be worth $28,970, only reduces her tax liability by $23,176. Though she reduces her total tax payable, her donation tax credit is not as valuable in the current year.

 

  Regular tax AMT
Capital gain $ 500,000 $ 500,000
Taxable portion of gain (50%/100%) $ 250,000 $ 500,000
AMT exemption N/A $ (181,440)
(Adjusted) taxable income $ 250,000 $ 318,560
Total tax/AMT (marginal rate/20.5%) $ 56,815 $ 65,305
Donation tax credit 28,970 23,176
Tax/AMT $ 27,845 $ 42,129
AMT payable   $ 14,284

Individuals donating publicly listed securities

Individuals who make in-kind donations of publicly listed securities may be more heavily impacted by the AMT rules. Under the regular tax rules, individuals who donate publicly listed securities generally receive two tax benefits:

  1. They do not pay capital gains tax on the appreciation of the donated securities, and;

  2. They receive a charitable donation receipt equal to the market value of the donated securities.

For AMT purposes, 30% of the capital gain from the donation of the securities will be included in AMT income. This income inclusion paired with the 80% limitation of the charitable donation credit could lead to AMT payable on donations of publicly listed securities.

Example 3: In-kind donation of publicly listed securities

Jessica has publicly listed securities with a market value of $400,000 and a tax cost of $50,000. She decides to donate 20% ($80,000) of her shares directly to a charity and sells the remaining shares for cash. 

Her donated shares have a capital gain of $70,000 and the remaining shares have a capital gain of $280,000.

 

  Regular tax 2026 AMT
Taxable capital gain (50%/100%) $ 140,000 $ 280,000
Taxable capital gain on donated shares (0%/30%) $ - $ 21,000
AMT exemption $ - $ (181,440)
(Adjusted) taxable income $ 140,000 $ 119,560
Tax/AMT (marginal/20.5%) $ 26,159 $ 24,510
Donation tax credit $ (23,170) $ (18,536)
Total tax/AMT $ 2,989 $ 5,974
AMT payable   $ 2,985

 

For regular tax purposes, Jessica would only be taxed on 50% of the capital gain on the shares she sold for cash. For AMT purposes, 100% of the capital gain on the shares sold for cash is included in income. Additionally, 30% of the capital gain of the donated shares is included in income for AMT purposes, and her donation tax credit is limited to 80% of its value.

This results in Jessica paying nearly $3,000 in AMT in 2026. If Jessica cannot recover this amount as a credit against regular tax in the next seven years, it becomes a permanent tax. This effectively increases the after-tax cost of her charitable donation, as the tax savings she received from the donation are partially reduced by the AMT.

Individuals claiming the LCGE

For regular tax purposes, the lifetime capital gains exemption (LCGE) allows individuals to shelter up to $1,275,0003 of capital gains from tax when selling qualified small business corporation shares (QSBC) or qualified farm property.

For AMT purposes, 100% of the capital gains are included in ATI, and the LCGE only reduces 70% of the gain that would otherwise be eligible for the exemption. In other words, 30% of the LCGE-eligible gain is included in ATI for the purposes of AMT.

 

Example 4: Sale of shares eligible for LCGE

Gary sells his qualified small business corporation shares for a capital gain of $1,250,000. He claims his LCGE of $1,250,000.

 

  Regular tax 2026 AMT
Gain eligible for LCGE $ 1,250,000 $ 1,250,000
Taxable portion of LCGE eligible gain (0%/30%) $ - $ 375,000
AMT exemption   $ (181,440)
(Adjusted) taxable income $ - $ 193,560
     
Total taxes (marginal rate/20.5%) $ - $ 39,680
AMT payable   $ 39,680

 

In this scenario, claiming the LCGE results in $39,680 of AMT. 

How can you plan ahead to minimize the impact of AMT?

Encountering an unexpected tax bill is never a fun surprise. High-income individuals who are considering realizing significant capital gains, claiming their lifetime capital gains exemption, exercising high-value stock options or making significant charitable gifts may wish to speak to their tax advisor early in the process to understand the impacts of AMT on their specific situations. 

Proactive planning is the most effective way to manage AMT exposure. By strategically evaluating the timing and structure of these transactions, it may be possible to mitigate an AMT liability. If you do find yourself in a situation where you are paying AMT, ensure that you take the time to look ahead and speak with your advisor on structuring your investment income and compensation such that you can recover as much of the AMT paid as possible. 

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