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Treasury Regulations · 26 CFR

§ 53.4965-3. Prohibited tax shelter transactions.

In effect eCFR current as of October 15, 2026

Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).

Regulation under 26 U.S.C. § 4965

Cite as 26 CFR § 53.4965-3

At a glance

Read from the text and its source citation. Not part of the regulation.

Status
In the current eCFR
Issued
July 6, 2010 by T.D. 9492
Issued under
26 U.S.C. § 4965
Length
215 words · about 1 min to read
Defines
1 term
(a) In general. Under section 4965(e), the term prohibited tax shelter transaction means—
(1) Listed transactions within the meaning of section 6707A(c)(2), including subsequently listed transactions described in paragraph (b) of this section; and
(2) Prohibited reportable transactions, which consist of the following reportable transactions within the meaning of section 6707A(c)(1)—
(i) Confidential transactions, as described in § 1.6011-4(b)(3) of this chapter; or
(ii) Transactions with contractual protection, as described in § 1.6011-4(b)(4) of this chapter.
(b) Subsequently listed transactions. A subsequently listed transaction for purposes of section 4965 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 4965(e)(1)(C) and paragraph (a)(2) 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 4965 purposes shall be made under the law applicable to section 6707A(c)(1) and (c)(2).
(d) Effective/applicability dates. See § 53.4965-9 for the discussion of the relevant effective and applicability dates.

[T.D. 9492, 75 FR 38702, July 6, 2010]

Terms defined here

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Cross-references

Computed from the citations in the text of 26 CFR.

Code sections it cites

Regulations it cites

Cited by 5 other regulations

Amendment history

From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.

  1. Issued by T.D. 9492 (75 FR 38702)

Where it sits in 26 CFR

  1. Subchapter D Miscellaneous excise taxes
  2. Part 53 Foundation and similar excise taxes
  3. Subpart K Second Tier Excise Taxes

Nearby sections