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Tax Shelter Reportable Transactions. DTF-686-I. General information. The Tax Law provides for reporting requirements with respect to the disclosure of information relating to transactions that present the potential for tax avoidance (a tax shelter).
Tax shelters are legal, and can range from investments or investment accounts that provide favorable tax treatment, to activities or transactions that lower taxable income through deductions or credits. Common examples of tax shelter are employer-sponsored 401(k) retirement plans and municipal bonds.
Transactions of Interest: These types of transactions include: Charitable contribution deductions for taxpayers who hold an interest in an entity holding real estate. Grantor-type trusts terminating and then being re-established. Sale of an interest in a charitable remainder trust.
There are five categories of reportable transactions; confidential transactions, transactions with contractual protection, loss transactions, transactions of interest and listed transactions. See the brief descriptions of each type of transaction below.
Investments that yield tax benefits are sometimes called tax shelters. Generally, abusive tax shelters are schemes involving transactions with little or no substance. Participants in certain shelters and transactions are required to disclose their participation, and may be subject to penalties for failing to do so.
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A reportable transaction is any transaction that the IRS or FTB determines has a potential for tax: Evasion. Avoidance.
Generally, the term prohibited tax shelter transaction means listed transactions, transactions with contractual protection, or confidential transactions. See the definitions of these categories below. There may be additional disclosure requirements for tax-exempt entities with respect to these types of transactions.
Correcting the transaction means undoing it as much as you can without putting the plan in a worse financial position than if you had acted under the highest fiduciary standards.

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