Arthur employs his extensive bond and tax counsel experience to help clients structure, execute and defend innovative solutions to governmental and not-for-profit capital financing needs. He focuses both on taking advantage of the numerous incentives offered under federal tax and state law and addressing the restrictions and limitations the incentives always entail.
Arthur’s practice is focused on the areas of public finance and federal, state and local taxation. He has extensive experience as bond counsel with governmental bond issues, including general obligation, revenue and “subject to appropriation” financings for water and sewer projects, public schools and roads, commuter rail and other transportation facilities, and in tax-exempt financings for nonprofit organizations, including private elementary and secondary schools, and health care providers.
Arthur has served as lead bond counsel to some of our nation’s most innovative and successful “bond banks.” These issuers provide efficient and cost-effective solutions to local government borrowers that are often too small or too rarely in the public finance market to finance infrastructure improvements at rates their citizens can afford. Among many milestones he has helped these clients achieve was the first program in the country offering true pooled issues of direct-pay tax credit qualified school construction bonds.
Arthur has worked effectively with the firm’s litigation departments in defending the constitutionality of new credit structures in state court “validation” actions and other types of test cases. In several instances the structures were upheld in the face of determined and politically-motivated opposition.
The Internal Revenue Service has over the past fifteen years greatly increased its enforcement efforts in the tax-advantaged financing arena. Arthur has worked with his public finance colleagues to develop an efficient and effective approach to handling federal tax enforcement audits of tax-advantaged bonds.
Arthur has served in a number of leadership roles both at McGuireWoods and in the professional organizations to which he belongs. He currently serves on the firm’s opinion committee and recently headed the effort by the tax-exempt financing subcommittee of the tax committee of the American Bar Association to provide comments on, and alternatives to, the IRS’ proposed “issue price” regulations.
Experience
- Representation of a state-level bond bank in the development of a senior-subordinate financing structure for the issuance of over $2.5 billion in bonds to fund loans to local governments for a wide array of infrastructure projects.
- Representation of a state department of transportation in drafting the authorizing legislation and serving as bond counsel for the issuance of more than $600 million of federal transportation grant anticipation notes, also known as “GARVEEs,” to finance critically-needed highway improvements.
- Representation of a state department of transportation in drafting the authorizing legislation for and in organizing a state transportation infrastructure bank that has made a number of “gap-closing” loans to enable the completion of several toll road and traffic congestion relief projects.
- Representation of several Virginia cities and counties in the structuring and issuance of the first school tax credit bond financings in the state.
- Representation of a state-level bond bank in the development of a pooled school tax credit bond program under which more than $300 million in school tax credit bonds has been issued to fund loans to finance K-12 building construction and renovation.
- Representation of state and local government entities in obtaining private letter rulings from the Internal Revenue Service on tax questions pertaining to various types of tax-advantaged bonds.
- Defense of numerous state and local government entities in audits of tax-exempt bond issues by the Internal Revenue Service.
- University of Virginia School of LawJD1984
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University of MissouriAB
summa cum laude, Phi Beta Kappa
1981
Chair, Tax Credit Bonds Subcommittee of the Tax-Exempt Financing Committee, Section of Taxation, American Bar Association, 2009-2010
Member, National Association of Bond Lawyers, 1984
Member, Virginia Government Finance Officers Association, 1990
Member, Virginia Local Government Attorneys Association, 1985
- Speaker, "Bonds and Post-Issuance Compliance," Virginia Government Finance Officers Association, June 15, 2021
- Moderator, "Infrastructure Financing," Building for the Future, Washington, DC, March 15, 2018
- Speaker, "Post-Issuance Compliance," Governor Infrastructure Financing Conference, Virginia Resources Authority, 2014
- Panelist, "Tax-Exempt Bond Compliance," Virginia Government Finance Officers Association, 2013 Spring Conference, 2013
- Chair of Panel, "Tax Credit Bonds—Selected Topics," Tax and Securities Law Institute, National Association of Bond Lawyers, 2012
- Moderator and Panelist, "Build America Bonds," Tax-Exempt Finance Committee Quarterly Meetings, Section of Taxation, American Bar Association, 2009-2010
- Moderator and Panelist, "Qualified School Construction Bonds and other Tax Credit Bonds," Tax-Exempt Finance Committee Quarterly Meetings, Section of Taxation, American Bar Association, 2009-2010
- Speaker, "Procedures & Deadlines Under Virginia's Executive Order 94," Using Your Locality’s Recovery Zone Bond Allocations, September 30, 2009
- Panelist, "Tax Due Diligence and Documentation," Bond Attorney’s Workshop, National Association of Bond Lawyers, 2007-2008
- Panelist, "Tax Esoterica," Bond Attorney’s Workshop, National Association of Bond Lawyers, 2008
- Virginia
Fellow, American College of Bond Counsel
Selected for inclusion in The Best Lawyers in America, Public Finance Law, 2005-2025; Banking and Finance Law, 2025, Woodward/White, Inc.
Selected for inclusion in America’s Leading Lawyers for Business, Public Finance, Virginia, Chambers USA, 2024
Named “Lawyer of the Year,” Public Finance, 2012, 2016, 2024; Banking and Finance Law, 2019, 2024; Richmond, The Best Lawyers in America, Woodward/White, Inc.
Named to “Virginia Super Lawyers,” Bonds/Government Finance, Tax, Government/Cities/Municipalities, Super Lawyers, Thomson Reuters, 2006-2007, 2010-2017
- Author, Federal Reserve Announces Expansion of Eligible Issuers for MLF Program, McGuireWoods Legal Alert, June 16, 2020
- Author, COVID-19: IRS Aids State and Local Governments With Tax-Exempt Tender Bonds and Commercial Paper, McGuireWoods Legal Alert, May 12, 2020
- Author, COVID-19: Temporary Relief From In-Person Public Hearing Requirement for Private Activity Bonds, McGuireWoods Legal Alert, May 8, 2020
- Author, Federal Reserve Board Expands the Scope and Duration of the Municipal Liquidity Facility, McGuireWoods Legal Alert, April 29, 2020
- Author, Treasury Approves New Municipal Liquidity Facility to Aid States, Counties and Cities, McGuireWoods Legal Alert, April 10, 2020
- Author, Final Private Activity Bond Public Approval Regulations: Three Key Takeaways, McGuireWoods Legal Alert, January 3, 2019
- Author, Congress Extends QZABs, New Markets Tax Credits; Continuing Effect of Sequestration, McGuireWoods Legal Alert, December 22, 2014
- Principal Author, Comments Concerning Proposed Treasury Regulations Concerning the Definition of Issue Price for Tax-Exempt Bonds and Other Tax-Advantaged Bonds, Tax-Exempt Financing Committee, Section of Taxation, American Bar Association, 2014
- Author, The President’s FY 2014 Budget Proposal: Positives and Negatives for Public Finance, McGuireWoods Legal Alert, May 10, 2013
- Author, Tax Credit Bonds—Selected Topics, prepared for the Tax and Securities Law Institute, National Association of Bond Lawyers, 2012
- Author, SEC Alert Emphasizes Due Diligence and Disclosure Procedures for Municipal Securities, McGuireWoods Legal Alert, June 28, 2012
- Author, Municipal Bonds after Recovery Act Expiration, McGuireWoods Legal Alert, February 10, 2011
- Author, Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 Becomes Law, McGuireWoods Legal Alert, December 20, 2010
- Author, ARRA: New IRS Guidance on Draw-Down Loans and Bond-Related Tax Deadlines, McGuireWoods Legal Alert, November 24, 2010
- Author, SEC Requires “Municipal Advisors” to Register by October 1, 2010, McGuireWoods Legal Alert, September 20, 2010
- Author, Dodd-Frank Financial Reform Act Will Impact Municipal Securities Market, McGuireWoods Legal Alert, July 22, 2010
- Author, An Important Reminder about Schedule K of IRS Form 990 (Tax-Exempt Bonds), McGuireWoods Legal Alert, July 15, 2010
- Author, Extension of Stimulus Act Bond Provisions in Doubt as Bill Founders in Senate, McGuireWoods Legal Alert, July 13, 2010
- Author, IRS Announces New Rules Relating to Certain Qualified Tax Credit Bonds and Build America Bonds, McGuireWoods Legal Alert, May 20, 2010
- Author, IRS Announces Rules for Separating Tax Credits and Qualified Tax Credit Bonds, McGuireWoods Legal Alert, April 12, 2010
- Author, Revised House Jobs Bill Affects Certain Qualified Tax Credit Bonds, McGuireWoods Legal Alert, March 5, 2010
- Author, Recently Introduced Bills Affect Public Schools and Energy Tax Credit Bonds, McGuireWoods Legal Alert, December 15, 2009
- Author, Public School Financing News – Proposed House Bill Allows School Districts to Carry Forward Unused Qualified School Construction Bond Allocations, McGuireWoods Legal Alert, December 4, 2009
- Author, Treasury Awards Allocation for New Clean Renewable Energy Bonds, McGuireWoods Legal Alert, November 2, 2009
- Author, State and Local Governments – New IRS Guidance Regarding Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds, McGuireWoods Legal Alert, June 19, 2009
- Author, State and Local Governments: New IRS Guidance Opens the Door for Direct Payment Build America Bonds, McGuireWoods Legal Alert, April 8, 2009
- Author, Public Schools: Tax Credit Bonds Offer Financing Options for Building and Repairing School Facilities, McGuireWoods Legal Alert, March 30, 2009
- Author, State and Local Governments: Stimulus Act Provides Project Funding Options, McGuireWoods Legal Alert, February 17, 2009
- Author, State and Local Governments: Stimulus Legislation Provides Project Funding, McGuireWoods Legal Alert, February 6, 2009
- Author, IRS to Survey Governmental Tax-Exempt Bond Issuers on their Post-Issuance Compliance Practices, McGuireWoods Legal Alert, January 9, 2009
- Author, Internal Revenue Service Proposes to Streamline the TEFRA Public Hearing and Approval Requirements for Tax-Exempt Private Activity Bonds, McGuireWoods Legal Alert, September 11, 2008