Futures and 60/40 Tax Treatment
The potential advantage at tax time for futures is that they receive 60/40 treatment, regardless of the time held. For Section 1256 contracts, 60 percent of the net gain (or loss) is taxed as long-term capital, and 40 percent of the net gain (or loss) as short-term capital. You can buy and sell a futures contract for hours, days or weeks and receive this treatment, but if you were to buy and hold a stock for the same time, all gains (or losses) would be taxed at the higher short-term rate.
Here's an example to see how this works. On May 5, 2006, you buy a regulated futures contact with a value of $50,000. On December 29, 2006, the fair market value of the contract is $60,000. Because you sold the contract at the market's year-end closing price, you realize a $10,000 gain on your 2006 return, treated as 60 percent long-term and 40 percent short-term capital gain. How much difference would this make to you as an investor? Let's say you were in the 35 percent tax bracket in 2006. If the total $10,000 in profits you realized were taxed at ordinary rates, you'd pay $3,500 in taxes.
However, with the 60/40 treatment for futures, your tax liability would be only $2,300, as follows:
$10,000 x 60 percent = $6,000
$6,000 x 15 percent maximum long-term capital gains rate = $900 tax due
$10,000 x 40 percent = $4,000
$4,000 x 35 percent short-term capital gains rate = $1,400 tax due
tax due = $2,300 ($900 + $1,400)
So you can see, you saved more than $1,000 on taxes with the 60/40 treatment for futures profits compared with what you'd have to pay on profits from other investments taxed at the short-term capital gains or ordinary income rates.
Of course, this is a very simplistic example, and other types of futures transactions, such as security futures contracts, straddles, or mixed straddles, face different tax treatment. Please consult a qualified professional for guidance.
Source:
http://www.lind-waldock.com/edu/newsletter/602/tttart01.shtml