Treasury Regulations (26 C.F.R.)
26 CFR § 53.4965-4
Definition of tax-exempt party to a prohibited tax shelter transaction.
# (a) 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—
(1) Facilitates a prohibited tax shelter transaction by reason of its tax-exempt, tax indifferent or tax-favored status; or
(2) Is identified in published guidance, by type, class or role, as a party to a prohibited tax shelter transaction.
# (b)
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.
# (c) Example.
The following example illustrates the principle of paragraph (a)(1) of this section:
Example.
A tax-exempt entity enters into a transaction (Transaction A) with an S corporation. Transaction A is the same as or substantially similar to the transaction identified by the Secretary as a listed transaction in Notice 2004-30 (2004-1 CB 828). The tax-exempt entity's role in Transaction A is similar to the role of the tax-exempt party, as described in Notice 2004-30. Under the terms of the transaction, as described in Notice 2004-30, the tax-exempt entity receives the S corporation stock and purports to aid the S corporation and its shareholders in avoiding taxable income. The tax-exempt entity facilitates Transaction A by reason of its tax-exempt, tax indifferent or tax-favored status. Accordingly, the tax-exempt entity is a party to Transaction A for purposes of sections 4965 and 6033(a)(2). See § 601.601(d)(2)(ii)(b) of this chapter.
# (d) Effective/applicability dates.
See § 53.4965-9 for the discussion of the relevant effective and applicability dates.
[T.D. 9492, 75 FR 38702, July 6, 2010]
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In this part (40 sections)
- 53.4958-3 · Definition of disqualified person.
- 53.4958-4 · Excess benefit transaction.
- 53.4958-5 · Transaction in which the amount of the economic benefit is…
- 53.4958-6 · Rebuttable presumption that a transaction is not an excess…
- 53.4958-7 · Correction.
- 53.4958-8 · Special rules.
- 53.4959-1 · Taxes on failures by hospital organizations to meet section…
- 53.4960-0 · Table of contents.
- 53.4960-1 · Scope and definitions.
- 53.4960-2 · Determination of remuneration paid for a taxable year.
- 53.4960-3 · Determination of whether there is a parachute payment.
- 53.4960-4 · Liability for tax on excess remuneration and excess…
- 53.4960-5 · [Reserved]
- 53.4960-6 · Applicability date.
- 53.4961-1 · Abatement of second tier taxes for correction within…
- 53.4961-2 · Court proceedings to determine liability for second tier…
- 53.4963-1 · Definitions.
- 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…
- 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…
- 53.4965-9 · Effective/applicability dates.
- 53.4968-1 · Excise tax based on investment income of certain private…
- 53.4968-2 · Net investment income.
- 53.4968-3 · Related organizations.
- 53.4968-4 · Applicability date.
- 53.6001-1 · Notice or regulations requiring records, statements, and…
- 53.6011-1 · General requirement of return, statement or list.
- 53.6011-4 · Requirement of statement disclosing participation in…
- 53.6060-1 · Reporting requirements for tax return preparers.
- 53.6061-1 · Signing of returns and other documents.
- 53.6065-1 · Verification of returns.
- 53.6071-1 · Time for filing returns.
- 53.6081-1 · Automatic extension of time for filing the return to report…
- 53.6091-1 · Place for filing chapter 42 tax returns.
- 53.6091-2 · Exceptional cases.