(a) In general. Under section 4965(e), the term prohibited tax shelter transaction means—
(1) Listed transactions within the meaning of section 6707A(c)(2), including subsequently listed transactions described in paragraph (b) of this section; and
(2) Prohibited reportable transactions, which consist of the following reportable transactions within the meaning of section 6707A(c)(1)—
(i) Confidential transactions, as described in § 1.6011-4(b)(3) of this chapter; or
(ii) Transactions with contractual protection, as described in § 1.6011-4(b)(4) of this chapter.
(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.
(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).
(d) Effective/applicability dates. See § 53.4965-9 for the discussion of the relevant effective and applicability dates.
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