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Does Trading on a non-US Regulated Exchange Qualify for Section 1256 Treatment?

Generally, no. To qualify as a Section 1256 contract, the derivative must be traded on a "qualified board or exchange," which typically means a US exchange designated by the CFTC or a foreign exchange approved by the IRS.

Most contracts on foreign or unregulated exchanges do not meet this standard and are treated as standard capital assets.

Can a Trader Elect out of Section 1256 Treatment?
If a Crypto Future Is Not Section 1256, What Is the Default Tax Treatment?
Is There an Election to Avoid Mark-to-Market for Section 1256 Contracts?
Are Options on Non-Regulated Crypto Exchanges Generally Considered Section 1256?