Does the 60/40 Rule Apply to Cryptocurrency Options on Regulated Exchanges?
Yes, if the cryptocurrency option is traded on a qualified board or exchange and meets the definition of a non-equity option or a regulated futures contract equivalent, it should be treated as a Section 1256 contract. This means the 60/40 rule would apply to its gains and losses.
However, many crypto options are traded on unregulated platforms and do not qualify.
Glossar
Cryptocurrency Options
Volatility ⎊ Cryptocurrency options, fundamentally derivatives, grant the holder the right, but not the obligation, to buy or sell a specified cryptocurrency at a predetermined price on or before a specific date.
Regulated Futures Contract
Contract ⎊ A regulated futures contract, within the evolving landscape of cryptocurrency derivatives, represents a legally binding agreement to buy or sell a specific digital asset at a predetermined price and future date, facilitated through a regulated exchange or clearinghouse.