When the amounts in boxes 8-11 on a Form 1099-B are from a Regulated Futures Contracts Broker, Foreign Currency Contracts Broker, or Section 1256 Option Contracts Broker, the statement is from a Regulated Futures Contracts Broker, Foreign Currency Contracts Broker, or Section 1256 Option Contracts Broker. Based on the contract type, gains (or losses) from various transaction types are recorded on Form 6781.
What is the procedure for reporting a regulated futures contract?
Part I of Form 6781 is used to record regulated futures contracts that are subject to the mark-to-market rules of IRC 1256. This Part’s net gain or loss is then reported on the appropriate Schedule D. Part II is where you report gains and losses from straddle positions that are taxed under IRC 1092.
On TurboTax, how do I record a regulated futures contract?
The steps for entering the Regulated Futures Contracts 1099-B information into TurboTax are as follows:
- Click the Start/Revisit box next to Contracts and Straddles in the Investment Income section.
What is the procedure for reporting a section 1256 1099-B contract?
Include all capital gains and losses from section 1256 contracts that were open at the end of the year or that were closed during the year on line 1. Include the amount from box 11 of each form on line 1 if you got a Form 1099-B, Proceeds From Broker and Barter Exchange Transactions, or a replacement statement.
Are taxable regulated futures contracts?
Individual tax filers are required to declare contract profits and losses in accordance with mark-to-market standards. Let’s say a trader paid $25,000 for a regulated futures contract on May 5, 2019. They still had the contract in their portfolio, valued at $29,000, at the end of the tax year.
What is the procedure for submitting a 1099-B form?
To report a 1099-B, go to My Account>>Federal Section>>Income (choose my forms)>>Capital Gains and Losses>>Capital Gains and Losses. The information on your 1099-B is usually reported as a capital gain or loss on a Form 8949 and/or a Schedule D.
Are 1256 VIX options contracts?
Volatility-based financial products spiked in price after the Brexit referendum vote on June 24, 2016, and prices had dropped by Monday, June 27. That’s what we call volatility!
There are numerous sorts of volatility-based financial products to trade, each with its own tax treatment. CBOE Volatility Index (VIX) futures, for example, are taxed as Section 1256 transactions, resulting in reduced 60/40 MTM tax rates. The NYSE-listed SVXY is a security-taxed exchange-traded fund (ETF). While the iPath S&P 500 VIX Short-Term Futures (VXX) is an exchange-traded note (ETN), its tax classification is less definite than that of an ETF. This blog post focuses on the tax treatment of ETNs.
“An exchange traded note (ETN) can be linked directly to an active index,” according to TAX STRATEGIES FOR LONG-SHORT EQUITY, Practical Tax Strategies, Sep 2014: ” An ETN is comparable to a bond, but instead of paying interest, it pays the return of an index.” “Because ETNs are not backed by underlying assets, but rather by the issuer’s capacity to pay at maturity (which could be 30 years in the future), they pose considerable creditor risks.” Because many of these banks operate in the United Kingdom and the European Union, this creditor risk has likely increased since the Brexit decision. Creditor risks are less of a worry for day traders.
“By acquiring the ETNs, you agree to treat the ETNs for all U.S. federal income tax purposes as a pre-paid executory contract with respect to the applicable Index,” tax attorneys write in the prospectus for the iPath S&P 500 VIX Short-Term Futures ETN. If your ETNs are so treated, you should usually recognize a capital gain or loss equal to the difference between the amount you receive at the time of sale, early redemption, or maturity and your tax basis in the ETNs. The tax effects of your ETN investment in the United States are unknown.”
Tax publications use the phrase “prepaid forward contracts,” and the tax treatment includes deferring taxes until the sale and long-term capital gains rates if held for a year. Tax evasion via offsetting positions is prevented by constructive receipt of income laws.
ETNs have traditionally benefited from tax deferral until realization (selling) and lower long-term capital gains rates if held for a year. This is beneficial to investors. Day and swing traders, on the other hand, do not profit from deferral and long-term rates; they pay standard rates on short-term capital gains throughout the year.
Traders would want to use Section 1256 tax treatment on volatility ETNs, which would result in lower 60/40 capital gains rates. The IndexCBOE: VIX is taxed in this manner. (60 percent is reduced long-term capital gains rates of up to 20%, even on day trades, and the remaining 40% is conventional short-term capital gains.) Section 1256 also mandates mark-to-market (MTM) accounting, which forces day traders to calculate sales on open positions at the end of the year.
When the IRS released Rev. Rul 2008-1 regarding foreign currency related ETNs, it raised some eyebrows. In addition, the IRS released Rev. Ruling 2008-2, which requested views on prepaid forward contracts and similar arrangements. ETNs have yet to receive final IRS guidance.
The IRS “looked through” the currency ETN to the underlying market wager on the Euro and market interest rates in Rev. Ruling 2008-1. When the underlying foreign currency transactions (Section 988) would necessitate ordinary gain or loss treatment, the IRS objected to the ETN benefiting from tax deferral and long-term capital gains rates. Furthermore, debt instruments necessitate the accumulation of annual interest income. The IRS recognizes that typical ETN tax approach disadvantages Treasury, and it prefers to collect income and use ordinary rather than capital gains tax rates.
Because security ETFs are taxed as securities as “registered investment companies” (RICs), the IRS can’t apply the same look-through logic to them.
Because a commodity ETF is a publicly traded partnership that is also taxed as securities, it cannot use the RIC structure. A commodity exchange-traded fund (ETF) issues a Schedule K-1 that includes Section 1256 contract income or loss.
ULTRA VIX SHORT-TERM FUTURES ETF (NYSEArca: UVXY), SHORT VIX SHORT-TERM FUTURES ETF (NYSEArca: SVXY), and VIX SHORT-TERM FUTURES ETF (NYSEArca: SVXY) are ProShares’ three volatility ETFs (NYSEArca: VIXY).
These ProShares ETFs are treated as securities and are subject to the following taxes: Unlike ETNs, ETF RICs distribute income and capital gains to shareholders on a yearly basis. ETFs do not offer the same level of deferral as ETNs.
Tax professionals offer Section 1256 as a “potential alternative” tax approach in the VXX prospectus.
It’s also likely that the IRS will try to tax your ETNs based on your deemed ownership of the Index components. In this case, Section 1256 of the Internal Revenue Code may apply to your ETNs, in which case any gain or loss you realize on the ETNs that is attributable to the regulated futures contracts represented in the applicable Index could be treated as 60% long-term capital gain or loss and 40% short-term capital gain or loss, regardless of your holding period in the ETNs… Also, in respect of the notional interest component of the appropriate Index, accumulate ordinary interest income.”
Postscript: As I explained in my blog post How To Avoid Tax Reporting Trouble With Exchange Traded Notes on July 11, 2017, there is no sufficient authority for ETN holders to take advantage of Section 1256 tax status.
Following the publication of this blog post, a few clients inquired about the tax treatment of VXX options. Roger Lorence, our tax attorney, responded to me. “I couldn’t find anything that was directly on point.” However, in my opinion, the appropriate position is that these options are nonequity options, and hence Section 1256 contracts. The options are listed on the CBOE, making them qualifying board or exchange options. VXX ETNs, for example, are the underlying. The ETNs are prepaid forward contracts, according to the tax opinion in the prospectus (Sullivan and Cromwell), and the holder has an executory obligation for the delivery of the underlying futures contracts. As a result, the CBOE listed options are a derivative contract that is separated from the ultimate underlying by multiple tiers. Theoretically, a holder of CBOE options would not get equity in a single stock or a narrow-based group of stocks based on a narrow-based index if they exercised their options.”
When traders discuss volatility products, they frequently mix up tax treatments. The tax treatment of volatility and other ETNs is questionable until we receive more formal advice from the IRS. Consult a tax professional for traders.
On my taxes, how can I declare a straddle?
The process of filling out the form is comparable to that of reporting any other type of investment. Here’s how it works:
- Part I: Report your Section 1256 investment gains and losses using the “mark-to-market” price established on December 31 or the actual price at when you sold these investments.
- Part II: Report your straddle gains and losses, with losses in Section A and gains calculated in Section B.
- Part III: This section is for any unrecognized profits on positions held at the conclusion of the tax year, although it is only required if you have a recognized loss on a position.
On Box 8, where do I report Form 1099-B?
The total profit or (loss) on Section 1256 option contracts for the year is calculated in boxes 8, 9, and 10. The net figure is then entered in box 11, which should be reported on Form 6781 pursuant to the 1099-B requirements.
Who is required to file Form 1099-B?
File Form 1099-B for each customer who received cash, stock, or other property from a corporation that you know, or have reason to know, must recognize gain under section 367(a) from the transfer of property to a foreign corporation in an acquisition of control or substantial influence.
What is the procedure for reporting a 1099-B to Box 11?
Select all eligible boxes under the section Contracts and Straddles (6781).
The funds will be transferred to Form 6781, which will be included on Schedule D and reported as a capital gain or loss on the return.