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Does the IRS Explicitly State That Crypto Futures Fall under Section 1256?

The IRS has not issued explicit, comprehensive guidance stating that all crypto futures fall under Section 1256. However, regulated futures contracts on cryptocurrencies, such as those traded on the CME, are widely treated by tax professionals as Section 1256 contracts because they meet the criteria of being regulated futures.

Futures on unregulated exchanges generally do not qualify.

How Are Options on Bitcoin Futures (Which Are Section 1256) Taxed?
Are Cryptocurrency Options Generally Treated as Section 1256 Contracts?
Why Did CME Group Initially Choose a Cash-Settled Model for Their Bitcoin Futures?
What Determines If a Crypto Option Is a Section 1256 Contract?