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§1256 60/40 Treatment

Futures & broad-based options — 60% long-term regardless of holding.

Overview

Regulated futures contracts, broad-based index options (SPX, NDX), and forex fall under §1256: 60% long-term / 40% short-term capital gains treatment, regardless of holding period. Blended max federal rate ~26.8% vs 37% short-term. Mark-to-market at year end.

Best fit
Active tradersOptions sellers on SPX/NDXFutures traders
Estimated impact
~10% rate reduction vs equity short-term trading

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