123STA T . 311 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(A)MIR R O R C O DEP O S SESSIO N.—TheS e cr e ta r yof the Trea su ry sha l l p ay to each possess i o n of the U nite d States w ith a m irror code ta x system amounts e q ual to the loss to that possession b y reason of the amendments made by this section with respect to taxable years be g inning in 20 0 9 and 20 1 0. Such amounts shall be determined by the Secretary of the Treasury based on information pro -v ided by the government of the respective possession. ( B ) OTH ER POSSESSIONS.—The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the amend- ments made by this section for taxable years beginning in 2009 and 2010 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan , which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) C OORDIN A TION W ITH CREDIT A L LOWED A G AINST U NITED STATES INCO M ETA X ES.— N o credit shall be allowed against United States income taxes for any taxable year under section 36 Aofthe I nternal R evenue Code of 19 8 6 (as added by this section) to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) D E F INITIONS AND SPECIAL RULES.— (A) P OSSESSION OF THE UNITED STATES.— F or purposes of this subsection, the term ‘ ‘possession of the United States ’ ’ includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) MIRROR CODE TAX S Y STEM.—For purposes of this subsection, the term ‘‘mirror code tax system’’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) TREATMENT OF PAYMENTS.—For purposes of section 132 4 (b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by this section). (c) REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.—Any credit or refund allowed or made to any individual by reason of section 36A of the Internal Revenue Code of 1986 (as added by this section) or by reason of subsection (b) of this section shall not be ta k en into account as income and shall not be taken into account as resources for the month of receipt and the following 2 months, 26USC3 6 Anote.Ef fe c t iv e da te s . Effective dates.
