Systems and methods for enabling the dynamic allocation of certain sub frames as downlink or uplink resources in a time division duplexed over the air communications system. A base station or eNB may allocate certain subframes within a repeating radio frame of a TDD configuration as either DL or UL subframes for communicating to user equipment or UE devices to increase efficient use of system resources based on the data to be transmitted. Methods for determining the capabilities of a selected UE and based on the determining step, dynamically allocating certain subframes are disclosed. The methods and systems are compatible with user equipment that does not support the dynamic allocation of subframes.