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What Distinguishes an Equity Option from a Non-Equity Option for Tax Purposes?

An equity option is an option on a single stock, a narrow-based index, or an ETF. A non-equity option is an option on a broad-based stock index, a foreign currency, or a futures contract.

Non-equity options that are regulated and cash-settled are typically Section 1256 contracts, while equity options are standard capital assets.

Are All Options on Stock Indices Considered Section 1256 Contracts?
How Does the Wash Sale Rule Differ for Stocks versus Section 1256 Contracts?
What Is the Significance of Section 1256 Contracts in Financial Derivatives Tax?
How Is a Loss on a Cryptocurrency Derivative Contract Treated for Tax Purposes?