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What Determines If a Crypto Option Is a Section 1256 Contract?

A crypto option is a Section 1256 contract if it is a "non-equity option" traded on a "qualified board or exchange." This typically means the option must be on a regulated crypto futures contract (e.g. CME Bitcoin options) or a broad-based crypto index.

Options on individual cryptocurrencies traded on unregulated platforms generally do not qualify.

What Specific Financial Derivatives Are Classified as Section 1256 Contracts?
What Is a Section 1256 Contract and How Does Its Tax Treatment Differ from Regular Stock Trading?
Do Foreign Currency Contracts Qualify as Section 1256 Contracts?
Can a Trader Elect out of Section 1256 Treatment?