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Are All Cryptocurrency Derivatives Treated as Section 1256 Contracts?

No, only cryptocurrency derivatives traded on a qualified board or exchange, such as cash-settled futures on major US exchanges, qualify as Section 1256 contracts. Options or futures traded on unregulated offshore exchanges, or contracts for difference (CFDs) based on crypto, typically do not qualify.

These non-qualifying derivatives are generally treated as standard capital assets.

How Are Options on Bitcoin Futures (Which Are Section 1256) Taxed?
What Is the Significance of Section 1256 Contracts in Financial Derivatives Tax?
Are All Regulated Futures Contracts Considered Section 1256 Contracts?
What Specific Financial Derivatives Are Classified as Section 1256 Contracts?