Federal Regulatory
IRS Clarifies Arbitrage Compliance Rules
March 17, 2026
In March 2026, the Internal Revenue Service (IRS) issued proposed guidance clarifying arbitrage rules related to tax-exempt bonds, specifically addressing the reallocation of expenditures and the treatment of State and Local Government Series (SLGS) securities. This guidance codifies existing IRS positions to reduce compliance risks for bond issuers and conduit borrowers, providing greater certainty for refunding transactions involving short-term investments. Procurement professionals and contractors involved in municipal finance and bond issuance should carefully review these clarifications to ensure adherence to updated compliance standards and to assess the impact on current and upcoming financing transactions.
- The IRS explicitly recognizes common SLGS investment practices, offering protection and clarity for issuers and borrowers.
- Issuers and borrowers should analyze their transactions to confirm that sufficient non-bond proceeds exist if reallocations are planned.
- This guidance is transaction-specific and unlikely to cause systemic changes but may affect refunding strategies.
- Financial and legal advisors supporting government bond issuances should incorporate these clarifications into compliance reviews and procurement planning.
The IRS is signaling a practical approach to arbitrage compliance; Common SLGS investment practices are being explicitly recognized and protected; Any impact is likely to be transaction specific, not systemic; and Issuers and borrowers should analyze current and upcoming transactions to be confident sufficient sources other than bond proceeds exist if a reallocation will be desirable.
— Ice Miller
Agencies
Internal Revenue Service