Reg. § 53.4965-3 Prohibited tax shelter transactions.
(a) In general Under section , the term prohibited tax shelter transaction means—
(1) Listed transactions within the meaning of section , including subsequently listed transactions described in of this section; and
(2) Prohibited reportable transactions, which consist of the following reportable transactions within the meaning of section —
(i) Confidential transactions, as described in ; or
(ii) Transactions with contractual protection, as described in .
(b) Subsequently listed transactions A subsequently listed transaction for purposes of section is a transaction that is identified by the Secretary as a listed transaction after the tax-exempt entity has entered into the transaction and that was not a prohibited reportable transaction (within the meaning of section and of this section) at the time the entity entered into the transaction.
(c) Cross-reference The determination of whether a transaction is a listed transaction or a prohibited reportable transaction for section purposes shall be made under the law applicable to section and (c)(2).
(d) Effective/applicability dates See for the discussion of the relevant effective and applicability dates.
[T.D. 9492, 75 FR 38702, July 6, 2010]