
Treasury and IRS invalidate abusive ETF tax deferral strategies in new rulings
The U.S. Treasury and IRS issued Revenue Ruling 2026-20 and Notice 2026-62 to block wealthy investors from using Section 351 exchanges to defer capital gains taxes via exchange-traded funds. The rulings target 'conduit' transactions where appreciated assets are briefly held in an ETF before being swapped for a different portfolio, effectively treating these as taxable events. While legitimate tax-deferral strategies remain valid, the guidance closes loopholes exploited by high-net-worth individuals to diversify holdings without immediate tax liability.













