{"data":{"id":"us/26-cfr-53.4965-3","jurisdiction":"us","citation":"26 CFR 53.4965-3","heading":"-3 Prohibited tax shelter transactions.","body":"(a) In general. Under section 4965(e), the term prohibited tax shelter transaction means—\n(1) Listed transactions within the meaning of section 6707A(c)(2), including subsequently listed transactions described in paragraph (b) of this section; and\n(2) Prohibited reportable transactions, which consist of the following reportable transactions within the meaning of section 6707A(c)(1)—\n(i) Confidential transactions, as described in § 1.6011-4(b)(3) of this chapter; or\n(ii) Transactions with contractual protection, as described in § 1.6011-4(b)(4) of this chapter.\n(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.\n(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).\n(d) Effective/applicability dates. See § 53.4965-9 for the discussion of the relevant effective and applicability dates.","path":["Title 26—Internal Revenue","CHAPTER I—INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY","SUBCHAPTER D—MISCELLANEOUS EXCISE TAXES","PART 53—FOUNDATION AND SIMILAR EXCISE TAXES","Subpart K—Second Tier Excise Taxes"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-26.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:11Z","sha256":"68890a08ae63cf01f02ea8b3f125a65d3f761011780c5383fe04ba6cb899ae84","source_id":"us-cfr","stale":true,"prev":"us/26-cfr-53.4965-2","next":"us/26-cfr-53.4965-4"},"notice":"GroundRules: Original legal text. Not legal advice."}