Treasury Regulations · 26 CFR
§ 53.4965-9. Effective/applicability dates.
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 § 53.4965-9
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
- 253 words · about 1 min to read
- Cross-references
- cites 1 Code section and 2 regulations; cited by 8
¶(a) In general. The taxes under section 4965(a) and § 53.4965-7 are effective for taxable years ending after May 17, 2006, with respect to transactions entered into before, on or after that date, except that no tax under section 4965(a) applies with respect to income or proceeds that are properly allocable to any period ending on or before August 15, 2006.
¶(b) Applicability of the regulations. As of July 6, 2010, except as provided in paragraph (c) of this section, §§ 53.4965-1 through 53.4965-8 of this chapter will apply to taxable years ending after July 6, 2007. A tax-exempt entity may rely on the provisions of §§ 53.4965-1 through 53.4965-8 for taxable years ending on or before July 6, 2007.
¶(c) Effective/applicability date with respect to certain knowing transactions—
¶(1) Entity-level tax. The 100 percent tax under section 4965(b)(1)(B) and § 53.4965-7(a)(1)(i)(B) does not apply to prohibited tax shelter transactions entered into by a tax-exempt entity on or before May 17, 2006.
¶(2) Manager-level tax. The IRS will not assert that an entity manager who approved or caused a tax-exempt entity to become a party to a prohibited tax shelter transaction is liable for the entity manager tax under section 4965(b)(2) and § 53.4965-7(b)(1) with respect to the transaction if the tax-exempt entity entered into such transaction prior to May 17, 2006.
[T.D. 9492, 75 FR 38702, July 6, 2010]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
Regulations it cites
Cited by 8 other regulations
- § 53.4965-1 Overview.
- § 53.4965-2 Covered tax-exempt entities.
- § 53.4965-3 Prohibited tax shelter transactions.
- § 53.4965-4 Definition of tax-exempt party to a prohibited tax shelter transaction.
- § 53.4965-5 Entity managers and related definitions.
- § 53.4965-6 Meaning of “knows or has reason to know”.
- § 53.4965-7 Taxes on prohibited tax shelter transactions.
- § 53.4965-8 Definition of net income and proceeds and standard for allocating net income or proceeds to various periods.
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.
- Issued by T.D. 9492 (75 FR 38702)
Where it sits in 26 CFR
- Subchapter D Miscellaneous excise taxes
- Part 53 Foundation and similar excise taxes
- Subpart K Second Tier Excise Taxes
Nearby sections
- § 53.4965-5 Entity managers and related definitions.
- § 53.4965-6 Meaning of “knows or has reason to know”.
- § 53.4965-7 Taxes on prohibited tax shelter transactions.
- § 53.4965-8 Definition of net income and proceeds and standard for allocating net income or proceeds to various periods.
- § 53.4965-9 Effective/applicability dates.
- § 53.4968-1 Excise tax based on investment income of certain private colleges and universities.
- § 53.4968-2 Net investment income.
- § 53.4968-3 Related organizations.
- § 53.4968-4 Applicability date.