Are etf options 1256 contracts

Are etf options 1256 contracts

Posted: Olmer Date: 11.07.2017

The DOL rule from all angles.

The Benefits of Revenue‐Weighted ETFs | OppenheimerFunds

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As they do with stocks, investors have the opportunity to trade listed options on many exchange-traded funds. You would think, therefore, that the taxation of gains and losses on ETF options should be straightforward.

Long-term gains are possible only after a holding period of one year or more. Most ETFs are corporations.

Some also are regulated investment companies, which is the formal name for a mutual fund. Like any other corporation, a RIC is liable for tax on its taxable income; the big difference is that the RIC is allowed to take a deduction for the dividends it pays to holders. These distributions usually reduce RIC taxable income to zero.

But not all ETFs are corporations or RICs. And publicly traded options on such ETFs are considered non-equity options and aren't taxed like equity options. Nonequity options are taxed under Internal Revenue Code Section similar to futures. This seems like a great deal for the short-term trader. The trade-off is that profits and losses are marked to market for tax purposes at the end of each fiscal year.

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This Section treatment applies even if the investor is short the option. As a result of innovation in the ETF business, the legal structures of ETFs now vary widely. In addition to RICs, there are ETFs that are grantor trusts, U. Because there are publicly traded options on all these types of ETFs, investors must be wary. For tax purposes, the key is to ascertain the entity classification.

If the underlying legal structure is a corporation, the option is taxed normally. If the underlying legal structure is a not an equity, the option most likely will fall under the IRC Section regime. It should be noted that over-the-counter options, which don't trade on an exchange, don't get Section treatment and are taxed normally.

Sometimes, choosing the best type of option depends on an investor's expected time horizon. Consider the most popular gold ETF, SPDR Gold Trust Ticker: GLD , which is a grantor trust. Because of its structure, listed options on GLD are taxed as Section contracts. Investors can inspect the ETF's prospectus to ascertain the entity's classification.

ETFs on master limited partnerships are taxable corporations. Although they aren't RICs, their options are taxed normally. The most popular oil ETF is actually a commodities pool that trades futures; it is set up as a limited partnership.

Listed options on the oil ETF are thus nonequity options taxed as Section contracts. These taxation oddities can wind up being either traps for the unwary that are discovered next April when preparing a tax return or opportunities to exploit that allow your clients to keep more of their investment profits.

For a list of all ETFs and the tax treatment of their listed options, visit twenty-first.

are etf options 1256 contracts

Gordon is chief executive of Twenty-First Securities Corp. Stern School of Business. He can be reached at bob twenty-first. View comments Please enable JavaScript to view the comments powered by Disqus.

The complexity of ETF options

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are etf options 1256 contracts

Register to access our archive of leading investment information and data. Use of editorial content without permission is strictly prohibited. Liz Skinner John Waggoner. The complexity of ETF options Key to ascertaining whether they will be taxed 'normally' lies in whether or not they are equities. Jun 19, Meet the class of 40 Under Ten actively managed stock funds with lots of cash — and a history of using it wisely.

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are etf options 1256 contracts
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