Saturday, September 1, 2007

IRS offers closing agreements in municipal bond arbitrage cases

The Internal Revenue Service has announced a new Voluntary Closing Agreement Program (VCAP) to address violations of federal tax law on arbitrage investment restrictions. The violations are related to non-fair market value purchases of forward-float investment agreements used in advance refundings of tax-exempt municipal bonds.

This program will be available to municipal bond issuers who wish to correct such violations. Resolution terms described in this program are only available until March 1, 2008. Failure to correct a violation could result in a related bond issue being deemed “arbitrage bonds,” which lose their tax-exempt status.