§53.4965-4. Definition of tax-exempt party to a prohibited tax shelter transaction.
26 C.F.R. § 53.4965-4
In general. For purposes of sections 4965 and 6033(a)(2), a tax-exempt entity is a party to a prohibited tax shelter transaction if the entity—
Facilitates a prohibited tax shelter transaction by reason of its tax-exempt, tax indifferent or tax-favored status; or
Is identified in published guidance, by type, class or role, as a party to a prohibited tax shelter transaction.
Published guidance may identify which tax-exempt entities, by type, class or role, will not be treated as a party to a prohibited tax shelter transaction.
Example. The following example illustrates the principle of paragraph (a)(1) of this section:
Effective/applicability dates. See § 53.4965-9 for the discussion of the relevant effective and applicability dates.
Notes, amendments, and revision history
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]