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Arbitrage Rebate Services

Since 1986 Kutak Rock has developed and maintained Kutak Rock Arbitrage Consulting LLC—an affiliate devoted to the computer-based analysis of financial problems unique to public borrowers. Kutak Rock Arbitrage Consulting LLC, in conjunction with our tax department, has calculated and reported on the arbitrage rebate liability for thousands of tax-exempt bond issues aggregating billions of dollars.

Our rebate services for bond issues include the following:

  • Analyzing bond legal documents and classifying each investment transaction based upon financial information provided by the issuer, the borrower or the trustee
  • Ascertaining whether certain funds may qualify for a six-month, 18-month or two-year rebate exception
  • Preparing a summary of the investment activity for all investments; an independent bond yield computation; an arbitrage rebate liability computation; and an investment yield computation
  • Delivering our report, with computations attached, showing the amount of any arbitrage rebate liability
  • Preparing Internal Revenue Service Forms 8038-T and providing instructions relative to filing and paying the liability
  • Assisting with any Internal Revenue Service inquiry
  • Providing advice about the impact of proposed and promulgated regulations on arbitrage and rebate compliance
  • Providing any required Kutak Rock opinions

Typical arrangements provide for either annual, interim or five-year rebate computations. Fee quotes will be furnished upon request.