Recently, the IRS finalized regulations on abusive tax shelters. The regulations provide that a taxpayer must disclose certain transactions known as "listed transactions" by filing a disclosure statement (Form 8886) with its tax return. A "listed transaction" is a transaction that is the same as or substantially similar to one that the IRS has determined to be a tax avoidance transaction and identified by IRS notice or other form of published guidance. The parties who participate in listed transactions may be required to disclose the transaction as required by the regulations, register the transaction with the IRS, or maintain lists of investors in the transactions and provide the list to the IRS on request.
The IRS had identified the following transactions involving employee benefit plans as listed transactions: