SECTION 7. TREATMENT OF

CREDIT BY HOLDERS OF GULF TAX CREDIT BONDS

The following rules are applicable to holders of Gulf Tax Credit Bonds:

(1) The holder of a Gulf Tax Credit Bond must treat the bond as if it pays qualified stated interest (within the meaning of § 1.1273–1(c)) on each credit allowance date. Thus, for example, if the holder uses an accrual method of accounting, the holder must accrue as interest income the amount of the credit over each period that ends on a credit allowance date.

(2) If a holder holds a Gulf Tax Credit Bond on a credit allowance date but cannot use all or a portion of the credit to reduce its income tax liability (for example, because the limitation in § 1400N(l)(3) applies), the holder is allowed a deduction for the taxable year that includes the credit allowance date (or, at the option of the holder, the next succeeding taxable year). The amount of the deduction is equal to the amount of the unused credit deemed paid on each credit allowance date during the taxable year.

(3) If a person is a partner in a partnership, a beneficiary of an estate or trust, a shareholder in an S corporation, or the owner of an interest in another pass-through entity except for a regulated investment company (collectively, pass-through entity), and the pass-through entity owns a Gulf Tax Credit Bond, then the amount of the credit under § 1400(l)(1) allowed to such person for any taxable year shall not exceed an amount (sep

May 1, 2006 860 2006–18 I.R.B.