Sec. 1256 and ETF non-equity options

[status1]

Rule of thumb is any option that is cash settled. Plus the whole universe of futures + options on futures of course

That's how I understand it I am just not sure on etf's that invest in futures contracts like USO

Does the 1256 treatment of the futures they invest in transfer to the etf or not I am a little fuzzy on how that is handled The IWM treatment as 1256 by MS is clearly wrong I just don't understand how they can be so misinformed and irresponsible by passing on this wrong interpretation to their customers

I understand that the customer is ultimately responsible to fix any mistake that the broker may make except this is not a mistake It's a deliberate wrong information Do the brokers have no responsibility to report correct information ? They can report it either way and get away with it ?

 

[1pyramidtrader]

1256 is nice as far as tax treatment but if you pull in any gains of size you will be hit with a.m.t. tax. i had that hit my tax return this year liked to puke. i had a loss carryover that muted it but if things hold true this year, i will take the a.m.t tax hit. i guess it is "white people" problems but still was a shock.

 

[newwurldmn]

1256 is nice as far as tax treatment but if you pull in any gains of size you will be hit with a.m.t. tax. i had that hit my tax return this year liked to puke. i had a loss carryover that muted it but if things hold true this year, i will take the a.m.t tax hit. i guess it is "white people" problems but still was a shock.

I don’t think the 1256 treatment is the reason you paid the AMT. if you hurt paid short term gains, you may not have paid the AMT but that’s akin to saying “I got a tax refund this year!”

 

[1pyramidtrader]

I don’t think the 1256 treatment is the reason you paid the AMT. if you hurt paid short term gains, you may not have paid the AMT but that’s akin to saying “I got a tax refund this year!”

I had to pay out because of the gains from selling index options and the interest income on the capital used to support the trades. Damn thing even hit me with a penalty also said I should pay an estimated tax payment to avoid the penalty next year. As far as the 1256 gains and the AMT, I think the split on 1256 gains is a high percentage counted as long term and taxed at lower rates but when thar AMT kicked in that tax treatment preference goes away. If the 1256 is a high percentage on income AMT will be triggered. If anyone knows how to avoid it, I would love to know how.

 

[mervyn]

as the name implies, non-equity option is the underlying asset is not equity. that includes spy, qqq, dia, etc, index tracking etfs, and portfolio/setor etfs.