Internal Revenue Code · 26 U.S.C.
§ 6112. Material advisors of reportable transactions must keep lists of advisees, etc.
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 6112
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- July 18, 1984 by Pub. L. 98–369
- Last amended
- December 21, 2005 by Pub. L. 109–135
- Amendments
- 2 dated changes in the source credit
- Length
- 2 subsections · 273 words · about 1 min to read
- Cross-references
- cites 2; cited by 2 Code sections and 5 other regulations
- Regulations
- 1 issued under this section
The Secretary may prescribe regulations which provide that, in cases in which 2 or more persons are required under subsection (a) to maintain the same list (or portion thereof), only 1 person shall be required to maintain such list (or portion).
(Added Pub. L. 98–369, div. A, title I, § 142(a), July 18, 1984, 98 Stat. 681; amended Pub. L. 108–357, title VIII, § 815(b)(2), (3), Oct. 22, 2004, 118 Stat. 1582; Pub. L. 109–135, title IV, § 403(z), Dec. 21, 2005, 119 Stat. 2629.)
Regulations under this section
Treasury regulations (26 CFR) issued under § 6112
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 2 other sections
- § 6111 Disclosure of reportable transactions
- § 6707A(c) Penalty for failure to include reportable transaction information with return
Cited by 2 Code sections
- § 6501(c)(10)(B) Limitations on assessment and collection
- § 6708(a)(1) Failure to maintain lists of advisees with respect to reportable transactions
Cited in 5 regulations not issued under it
- § 1.6664-2 Underpayment.
- § 301.6501(c)-1 Exceptions to general period of limitations on assessment and collection.
- § 301.6707-1 Failure to furnish information regarding reportable transactions.
- § 301.6708-1 Failure to maintain lists of advisees with respect to reportable transactions.
- § 301.6708-1T Failure to maintain list of investors in potentially abusive tax shelters (temporary).
Amendment history
From the source credit and the official notes, newest first.
Where it sits in the Code
- Subtitle F Procedure and Administration
- Chapter 61 INFORMATION AND RETURNS
- Subchapter B Miscellaneous Provisions
Nearby sections
- § 6108 Statistical publications and studies
- § 6109 Identifying numbers
- § 6110 Public inspection of written determinations
- § 6111 Disclosure of reportable transactions
- § 6112 Material advisors of reportable transactions must keep lists of advisees, etc.
- § 6113 Disclosure of nondeductibility of contributions
- § 6114 Treaty-based return positions
- § 6115 Disclosure related to quid pro quo contributions
- § 6116 Requirement for prisons located in United States to provide information for tax administration
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
References in Text
Enactment of the American Jobs Creation Act of 2004, referred to in subsec. (b)(1), means enactment of Pub. L. 108–357, which was approved Oct. 22, 2004.
Prior Provisions
A prior section 6112 was renumbered 6116 of this title.
Amendments
2005—Subsec. (b)(1). Pub. L. 109–135, in introductory provisions, inserted “(or was required to maintain a list under subsection (a) as in effect before the enactment of the American Jobs Creation Act of 2004)” after “a list under subsection (a)”.
2004—Pub. L. 108–357, § 815(b)(2), substituted “Material advisors of reportable transactions must keep lists of advisees, etc.” for “Organizers and sellers of potentially abusive tax shelters must keep lists of investors” in section catchline.
Subsec. (a). Pub. L. 108–357, § 815(b)(2), reenacted heading without change and amended text of subsec. (a) generally, substituting provisions requiring each material advisor to maintain a list identifying each person with respect to whom such advisor acted as a material advisor with respect to a reportable transaction and containing such other information as required by regulations, for provisions requiring any person who organized any potentially abusive tax shelter or sold any interest in such a shelter to maintain a list identifying each person who had been sold an interest in such shelter and containing such other information as required by regulations.
Subsec. (b). Pub. L. 108–357, § 815(b)(2), (3)(A), redesignated subsec. (c) as (b) and struck out former subsec. (b), which defined “potentially abusive tax shelter” for purposes of this section.
Subsec. (b)(1)(A). Pub. L. 108–357, § 815(b)(3)(B), inserted “written” before “request”.
Subsec. (b)(2). Pub. L. 108–357, § 815(b)(3)(C), substituted “may prescribe” for “shall prescribe”.
Subsec. (c). Pub. L. 108–357, § 815(b)(3)(A), redesignated subsec. (c) as (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–357 applicable to transactions with respect to which material aid, assistance, or advice referred to in section 6111(b)(1)(A)(i) of this title is provided after Oct. 22, 2004, see section 815(c) of Pub. L. 108–357, set out as a note under section 6111 of this title.
Effective Date
Pub. L. 98–369, div. A, title I, § 142(d), July 18, 1984, 98 Stat. 682, provided that: “The amendments made by this section [enacting this section and section 6708 of this title and renumbering former section 6112 as section 6113 of this title] shall apply to any interest which is first sold to any investor after August 31, 1984.”