Are All Regulated Futures Contracts Considered Section 1256 Contracts?

Yes, regulated futures contracts (RFCs) are explicitly defined as Section 1256 contracts under the Internal Revenue Code. An RFC is a contract traded on or subject to the rules of a qualified board or exchange.

This classification automatically subjects them to the mark-to-market rule and the favorable 60/40 capital gains tax treatment, regardless of the underlying asset (e.g. commodities, currencies, or regulated crypto futures).