Are Options on Non-Regulated Crypto Exchanges Generally Considered Section 1256?

No, options on non-regulated crypto exchanges generally do not meet the criteria for Section 1256 treatment. They are not traded on a "qualified board or exchange" as defined by the IRS.

Therefore, they are typically treated as standard capital assets, with gains and losses characterized as short-term or long-term based on the holding period.

Are Cryptocurrency Options Generally Treated as Section 1256 Contracts?
What Is the Fundamental Tax Difference between Capital Gains and Ordinary Income in Derivatives?
Define Short-Term versus Long-Term Capital Gains in the Context of Derivatives
Are All Cryptocurrency Derivatives Treated as Section 1256 Contracts?
What Is the Mark-to-Market Rule for Section 1256 Contracts?
Does the Net Investment Income Tax (NIIT) Apply to Section 1256 Gains?
Does the IRS Explicitly State That Crypto Futures Fall under Section 1256?
How Does the Tax Rate Difference Influence a Trader’s Strategy?

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