26 USC 6112 - Material advisors of reportable transactions must keep lists of advisees, etc.

Editorial Notes

References in Text

Enactment of the American Jobs Creation Act of 2004, referred to in subsec. (span)(1), means enactment of Puspan. L. 108–357, which was approved Oct. 22, 2004.

Prior Provisions

A prior section 6112 was renumbered 6116 of this title.

Amendments

2005—Subsec. (span)(1). Puspan. L. 109–135, in introductory provisions, inserted “(or was required to maintain a list under subsection (a) as in effect before the enactment of the American Jobs Creation Act of 2004)” after “a list under subsection (a)”.

2004—Puspan. L. 108–357, § 815(span)(2), substituted “Material advisors of reportable transactions must keep lists of advisees, etc.” for “Organizers and sellers of potentially abusive tax shelters must keep lists of investors” in section catchline.

Subsec. (a). Puspan. L. 108–357, § 815(span)(2), reenacted heading without change and amended text of subsec. (a) generally, substituting provisions requiring each material advisor to maintain a list identifying each person with respect to whom such advisor acted as a material advisor with respect to a reportable transaction and containing such other information as required by regulations, for provisions requiring any person who organized any potentially abusive tax shelter or sold any interest in such a shelter to maintain a list identifying each person who had been sold an interest in such shelter and containing such other information as required by regulations.

Subsec. (span). Puspan. L. 108–357, § 815(span)(2), (3)(A), redesignated subsec. (c) as (span) and struck out former subsec. (span), which defined “potentially abusive tax shelter” for purposes of this section.

Subsec. (span)(1)(A). Puspan. L. 108–357, § 815(span)(3)(B), inserted “written” before “request”.

Subsec. (span)(2). Puspan. L. 108–357, § 815(span)(3)(C), substituted “may prescribe” for “shall prescribe”.

Subsec. (c). Puspan. L. 108–357, § 815(span)(3)(A), redesignated subsec. (c) as (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by Puspan. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Puspan. L. 108–357, to which such amendment relates, see section 403(nn) of Puspan. L. 109–135, set out as a note under section 26 of this title.

Effective Date of 2004 Amendment

Amendment by Puspan. L. 108–357 applicable to transactions with respect to which material aid, assistance, or advice referred to in section 6111(span)(1)(A)(i) of this title is provided after Oct. 22, 2004, see section 815(c) of Puspan. L. 108–357, set out as a note under section 6111 of this title.

Effective Date

Puspan. L. 98–369, div. A, title I, § 142(d), July 18, 1984, 98 Stat. 682, provided that:

“The amendments made by this section [enacting this section and section 6708 of this title and renumbering former section 6112 as section 6113 of this title] shall apply to any interest which is first sold to any investor after August 31, 1984.”