Sec. 1.41-7 Special rules.
(a) Allocations.
(1) Corporation making an election under subchapter S--
(i) Pass-through, for taxable years beginning after December 31, 1982, in the case of an S corporation.
In the case of an S corporation (as defined in section 1361) the amount of research credit computed for the corporation shall be allocated to the shareholders according to the provisions of section 1366 and section 1377.
(ii) Pass-through, for taxable years beginning before January 1, 1983, in the case of a subchapter S corporation.
In the case of an electing small business corporation (as defined in section 1371 as that section read before the amendments made by the subchapter S Revision Act of 1982), the amount of the research credit computed for the corporation for any taxable year shall be apportioned pro rata among the persons who are shareholders of the corporation on the last day of the corporation's taxable year.
(2) Pass-through in the case of an estate or trust.
In the case of an estate or trust, the amount of the research credit computed for the estate or trust for any taxable year shall be apportioned among the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each.
(3) Pass-through in the case of a partnership.
(i) In general.
In the case of a partnership, the research credit computed for the partnership for any taxable year shall be apportioned among the persons who are partners during the taxable year in accordance with section 704 and the regulations thereunder. See, for example, section 1.704-1(b)(4)(ii). Because the research credit is an expenditure-based credit, the credit is to be allocated among the partners in the same proportion as section 174 expenditures are allocated for the year.
(ii) Certain expenditures by joint ventures.
Research expenses to which section 1.41-2(a)(4)(ii) applies shall be apportioned among the persons who are partners during the taxable year in accordance with the provisions of that section. For purposes of section 41, these expenses shall be treated as paid or incurred directly by the partners rather than by the partnership. Thus, the partnership shall disregard these expenses in computing the credit to be apportioned under paragraph (a)(3)(i) of this section, and in making the computations under section 41 each partner shall aggregate its distributive share of these expenses with other research expenses of the partner. The limitation on the amount of the credit set out in section 41(g) and in paragraph (c) of this section shall not apply because the credit is computed by the partner, not the partnership.
(4) Year in which taken into account.
An amount apportioned to a person under this paragraph shall be taken into account by the person in the taxable year of such person which or within which the taxable year of the corporation, estate, trust, or partnership (as the case may be) ends.
(5) Credit allowed subject to limitation.
The credit allowable to any person to whom any amount has been apportioned under paragraph (a)(1), (2) or (3)(i) of this section is subject to section 41(g) and sections 38 and 39 of the Code, if applicable.
(b) Adjustments for certain acquisitions and dispositions--Meaning of terms.
For the meaning of "acquisition," "separate unit," and "major portion," see paragraph (b) of section 1.52-2. An "acquisition" includes an incorporation or a liquidation.
(c) Special rule for pass-through of credit.
The special rule contained in section 41(g) for the pass-through of the credit in the case of an individual who owns an interest in an unincorporated trade or business, is a partner in a partnership, is a beneficiary of an estate or trust, or is a shareholder in an S corporation shall be applied in accordance with the principles set forth in section 1.53-3.
(d) Carryback and carryover of unused credits.
The taxpayer to whom the credit is passed through under paragraph (c) of this section shall not be prevented from applying the unused portion in a carryback or carryover year merely because the entity that earned the credit changes its form of conducting business.
[T.D. 8251, 54 FR 21204, May 17, 1989. Redesignated fr. Sec. 1.41-9 by T.D. 8930, 66 FR 280-296, Jan. 3, 2001.]
