How Does the Constructive Sale Rule Prevent Tax Deferral?

By treating the hedging transaction as a "constructive sale," the rule forces the taxpayer to immediately recognize the gain on the appreciated asset. Without this rule, a taxpayer could lock in a gain with a hedge and defer the tax liability until the actual sale in a later tax year.

The rule ensures the gain is taxed in the year the risk is eliminated.

What Is the Tax Implication If a Crypto Option Is Classified as a “Collectible”?
How Does the Timing of Settlement for a Crypto Future Impact the Tax Year of the Gain or Loss?
What Is the Significance of the “Constructive Sale” Rule in Section 1256 Taxation?
What Is the Specific Date for the Deemed Sale under the Mark-to-Market Rule?
What Determines If a Crypto Option Is a Section 1256 Contract?
How Does the Mark-to-Market Rule Interact with the Wash Sale Rule?
How Are Options on Bitcoin Futures (Which Are Section 1256) Taxed?
Can a Covered Call Trade Trigger the Wash Sale Rule?

Glossar