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IRS Targets Certain ETF Tax Moves in Guidance Notice 2026-62

Jackson Moreland
Published Sep 28, 2026
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Summary:
  • The IRS released Notice 2026-62 on Monday, flagging investment fund strategies that deliver tax benefits inconsistent with federal tax rules.
  • Treasury and the IRS are considering additional guidance and also issued a related revenue ruling on these transactions.
  • The IRS is reviewing strategies where an ETF is used outside its normal course to avoid reporting income or gains, and may challenge abusive approaches in exams.

What changed

The IRS put out Notice 2026-62 on Monday calling out investment fund maneuvers that generate tax outcomes that do not align with federal rules. The agency said it may contest abusive strategies during examinations and will consider different fact patterns when it does.

How ETFs fit in

Thanks to their structure, ETFs can be appealing from a tax standpoint because they help limit realized capital gains. According to the IRS, it is examining tactics that push an ETF beyond its ordinary function, with the aim of preventing the reporting of income or gains.

What happens next

Officials said more direction could follow. As the notice states: "The Treasury Department and the IRS intend that any guidance to address the transactions described in this notice will target specific abusive transactions, will minimize compliance burdens, and will respect market expectations with respect to conventional, long-established tax planning that is consistent with the intent of Congress," Alongside the notice, the agency released a related revenue ruling concerning the same types of transactions.

Clear tax rules remind investors to protect gains and plan steady long term. Join Briefs Finance CEO Jaspreet Singh on September 29th for a FREE live investor workshop, How to Profit From A Dollar That's Losing its Value, where he shows how we're spotting investment opportunities as the dollar falls. Save your spot.

What this means for your portfolio

If you lean on ETFs for tax efficiency, the headline is simple: the IRS is scrutinizing uses of ETF structures that move beyond normal operations to keep income or gains from being reported. The notice also signals that long standing planning consistent with Congress's intent is expected to be respected, even as abusive tactics face closer review. That context can help you understand where the lines are as you think about taxes on your investments.

Understanding how investments are taxed helps you safeguard wealth and pursue growth. Our CEO Jaspreet Singh is hosting a FREE live investor workshop, How to Profit From A Dollar That's Losing its Value, on September 29th. Sign up free to join him live.

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