Define the “Constructive Sale” Rule in the Context of Derivatives.

A constructive sale occurs when a taxpayer holds an appreciated financial position and enters into a transaction that substantially eliminates the risk of loss and opportunity for gain. For derivatives, this often involves entering into a short futures contract or an offsetting option position against a long-held asset.

The rule treats this as a sale of the appreciated position for tax purposes.

Does Cash Settlement Eliminate All Forms of Counterparty Risk?
What Determines If a Crypto Option Is a Section 1256 Contract?
Does the Wash Sale Rule Apply to Crypto Derivatives?
What Is the Exception to the Constructive Sale Rule for Closed Transactions?
How Does the Constructive Sale Rule Prevent Tax Deferral?
How Does the Mark-to-Market Rule Interact with the Wash Sale Rule?
What Is the “Constructive Sale” Rule and How Might It Affect Options?
Does the Wash Sale Rule Apply to Trading Exchange Traded Funds (ETFs)?

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