---
kind: "section"
citation: "26 C.F.R. § 53.4965-3"
title: "26"
number: "53.4965-3"
heading: "Prohibited tax shelter transactions."
url: "https://uscodex.org/cfr/26/53.4965-3"
---

# §53.4965-3. Prohibited tax shelter transactions.

- (a) **In general.** Under [section 4965(e)](/cfr/26/4965.md?p=e), the term prohibited tax shelter transaction means—
  - (1) Listed transactions within the meaning of [section 6707A(c)(2)](/cfr/26/6707A.md?p=c-2), including subsequently listed transactions described in [paragraph (b)](#b) of this section; and
  - (2) Prohibited reportable transactions, which consist of the following reportable transactions within the meaning of [section 6707A(c)(1)](/cfr/26/6707A.md?p=c-1)—
    - (i) Confidential transactions, as described in [§ 1.6011-4(b)(3)](/cfr/26/1.6011-4.md?p=b-3) of this chapter; or
    - (ii) Transactions with contractual protection, as described in [§ 1.6011-4(b)(4)](/cfr/26/1.6011-4.md?p=b-4) of this chapter.
- (b) **Subsequently listed transactions.** A subsequently listed transaction for purposes of [section 4965](/cfr/26/4965.md) 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)](/cfr/26/4965.md?p=e-1-C) and [paragraph (a)(2)](#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](/cfr/26/4965.md) purposes shall be made under the law applicable to section [6707A(c)(1)](/cfr/26/6707A.md?p=c-1) and [(c)(2)](/cfr/26/6707A.md?p=c-2).
- (d) **Effective/applicability dates.** See [§ 53.4965-9](/cfr/26/53.4965-9.md) for the discussion of the relevant effective and applicability dates.

## Notes

### Amendments

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

### Source

Source: T.D. 8084, 51 FR 16303, May 2, 1986, unless otherwise noted.

### Authority

Authority: 26 U.S.C. 7805; 4960, unless otherwise noted. Section 53.6011-1 also issued under 26 U.S.C. 6011; Section 53.6060-1 also issued under 26 U.S.C. 6060(a); Section 53.6081-1 also issued under 26 U.S.C. 6081(a); Section 53.6109-1 also issued under 26 U.S.C. 6109(a); Section 53.6109-2 also issued under 26 U.S.C. 6109(a); Section 53.6695-1 also issued under 26 U.S.C. 6695(b).

### Amendments

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