26 CFR §53.4965-3

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