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IRS Clarifies Submetering Rule

The IRS published Notice 2009-44 on May 5th to clarify the submetering dilemma experienced since the publication of the Final Utility Allowance Regulations.

The Notice clarifies that utility costs paid by a tenant and based on actual consumption in a submetered Tax Credit unit are treated as paid directly by the tenant for purposes of Section 42(g)(2)(B)(ii).

The modification is retroactive for taxable years beginning on or after July 29, 2008 and will generally apply to building owners as of January 1, 2009.

A complete summary of this Notice will be found in the next issue of The Compliance Monitor.

To obtain a copy of the Notice, click here.

 

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