In general
Special rules
Availability for inspection; retention of information on list
Lists which would be required to be maintained by 2 or more persons
The Secretary may prescribe regulations which provide that, in cases in which 2 or more persons are required under subsection (a) to maintain the same list (or portion thereof), only 1 person shall be required to maintain such list (or portion).
Pub. L. 98–369, div. A, title I, § 142(a)98 Stat. 681Pub. L. 108–357, title VIII, § 815(b)(2)118 Stat. 1582Pub. L. 109–135, title IV, § 403(z)119 Stat. 2629(Added , , ; amended , (3), , ; , , .)
Editorial Notes
References in Text
Pub. L. 108–357Enactment of the American Jobs Creation Act of 2004, referred to in subsec. (b)(1), means enactment of , which was approved .
Prior Provisions
A prior section 6112 was renumbered 6116 of this title.
Amendments
Pub. L. 109–1352005—Subsec. (b)(1). , 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)”.
Pub. L. 108–357, § 815(b)(2)2004—, 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.
Pub. L. 108–357, § 815(b)(2)Subsec. (a). , 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.
Pub. L. 108–357, § 815(b)(2)Subsec. (b). , (3)(A), redesignated subsec. (c) as (b) and struck out former subsec. (b), which defined “potentially abusive tax shelter” for purposes of this section.
Pub. L. 108–357, § 815(b)(3)(B)Subsec. (b)(1)(A). , inserted “written” before “request”.
Pub. L. 108–357, § 815(b)(3)(C)Subsec. (b)(2). , substituted “may prescribe” for “shall prescribe”.
Pub. L. 108–357, § 815(b)(3)(A)Subsec. (c). , redesignated subsec. (c) as (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Pub. L. 109–135Pub. L. 108–357section 403(nn) of Pub. L. 109–135section 26 of this titleAmendment by effective as if included in the provision of the American Jobs Creation Act of 2004, , to which such amendment relates, see , set out as a note under .
Effective Date of 2004 Amendment
Pub. L. 108–357section 6111(b)(1)(A)(i) of this titlesection 815(c) of Pub. L. 108–357section 6111 of this titleAmendment by applicable to transactions with respect to which material aid, assistance, or advice referred to in is provided after , see , set out as a note under .
Effective Date
Pub. L. 98–369, div. A, title I, § 142(d)98 Stat. 682