Do Section 1256 Rules Apply to Crypto Options on Regulated Exchanges?

Yes, Section 1256 rules apply to crypto options if they qualify as "non-equity options" and are traded on a regulated exchange. For example, options on regulated Bitcoin futures contracts (which are non-equity) traded on a CFTC-regulated exchange would qualify.

They would be subject to the mark-to-market rule and the 60/40 tax treatment.

How Does a Qualified Custodian Differ from a Non-Qualified Crypto Exchange?
What Criteria Define a “Qualified Board or Exchange” for Section 1256?
Does Trading on a non-US Regulated Exchange Qualify for Section 1256 Treatment?
Are All Cryptocurrency Derivatives Treated as Section 1256 Contracts?
What Distinguishes an Equity Option from a Non-Equity Option for Tax Purposes?
Are All Regulated Futures Contracts Considered Section 1256 Contracts?
Are Options on Cryptocurrencies Ever Considered Section 1256 Contracts?
Does the Holding Period Matter for Options on Section 1256 Contracts?

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