Generally speaking, the AMT NOL is the regular tax NOL modified by the adjustments required under Secs. 56 and 58 and tax preference items. So, use of an AMT NOL is limited to 90% of alternative minimum taxable income in the carryover or carryback years.
Under the new law, the American Recovery and Reinvestment Act of 2009 (ARRA), which provided a five-year( from 2 year NOL carryback) NOL carryback provision for eligible small business taxpayers with gross receipts averaging $15 million or less over a three-year period, it suspends the 90% limitation on the use of any AMT NOL for the extended carryback period.Therefore, when a company carries back the AMT NOL to the extended carryback period, the new law allows an AMT NOL to fully offset AMTI in the carryback year. If a company paid the AMT during any part of the extended carryback period, it will be able to make an election to recoup the AMT. In applying the 50% of taxable income limitation with respect to the carryback of an alternative tax NOL deduction to the fifth preceding tax year, the limitation is applied separately based on alternative minimum taxable income.
Please visit teh web site for further info.:Most Businesses May Take Advantage Of Expanded Loss Carryback Option Under New IRS Procedure