Please update Google Chrome

Premium Tracker needs a newer version of Chrome to display correctly. Update Chrome from the Play Store, then reopen the app.

Update Chrome
Taxes

Index Options Are Taxed Differently

Broad-based index options get 60/40 treatment. Which contracts qualify, and what it changes.

Advanced10 min readUpdated
Course contents73 lessons · 28 questions

Everything in the taxes track so far has assumed equity options, where premium selling produces short-term gains at ordinary rates. There is a category that does not work that way, and for some premium sellers it is the single largest available tax improvement.

The 60/40 rule

Section 1256 contracts get a fixed split regardless of how long you held them.

60% long-term capital gain · 40% short-term capital gain

Even on a contract held for a single day.

For a strategy that otherwise produces 100% short-term gains, that is a substantial improvement. A trader at a 32% ordinary rate and a 15% long-term rate sees a blended rate of roughly 22% instead of 32% — a third off the tax bill for doing nothing differently except choosing a different underlying.

Equity optionsSection 1256
Character100% short-term60% long-term / 40% short-term
Blended rate32%≈21.8%
Tax$6,400$4,360
Kept$13,600$15,640

$20,000 of premium income. Illustrative rates only.

What qualifies

The category that matters for premium sellers is broad-based index options. Options on major market indices generally qualify; options on individual stocks and on ETFs that hold securities generally do not.

That distinction is sharper than it looks. An option on a broad market index is typically a 1256 contract. An option on an ETF that tracks the same index typically is not, because the ETF is a security and its options are equity options.

Two products tracking the same underlying market, two different tax treatments. It is the detail most likely to catch someone out, and it is worth verifying for the specific product you trade rather than assuming from the name.

The loss carryback

A second feature worth knowing: net Section 1256 losses can generally be carried back up to three years against prior Section 1256 gains, rather than only carried forward.

For a strategy that has good years and occasional bad ones, that is more useful than the ordinary capital loss rules, where you carry forward and deduct only $3,000 a year against ordinary income.

Does this change the strategy?

For a classic wheel, no — and it is worth being clear about why. The wheel depends on assignment into shares, and broad-based index options are cash-settled. There are no shares to be assigned, so there is nothing to write covered calls against.

Index options suit a different shape of premium selling: cash-settled credit spreads, iron condors and strangles where you never intend to take delivery. If your strategy is condors on an index, the tax treatment is a real advantage. If it is a wheel, this lesson is background rather than an opportunity.

There is a middle path some traders take: run the wheel on individual names for the assignment mechanic, and run index condors alongside for the tax-favoured portion. That is a deliberate structural choice, not a tweak.

Reporting differs too

Section 1256 contracts are reported in aggregate on a different form from ordinary capital transactions, and brokers typically report the year's aggregate profit or loss rather than a line per trade.

That makes them easier to file and harder to reconcile against your own records — you get one number rather than a transaction list. Worth knowing before you go looking for the detail that is not there. See reconciling the 1099-B.

What can go wrong

Assuming an index ETF's options qualify. Generally they do not; options on the index itself generally do.

Being surprised by year-end mark to market. Tax on an unrealised gain is a cash-flow event.

Trying to wheel a cash-settled contract. There is nothing to be assigned.

Choosing an underlying for tax reasons alone. Liquidity, strategy fit and your own understanding come first.

Key takeaways

  1. Section 1256 contracts are taxed 60% long-term and 40% short-term regardless of holding period.
  2. Broad-based index options generally qualify; options on individual stocks and on ETFs generally do not.
  3. Positions are marked to market at year end, so unrealised gains are taxed on 31 December.
  4. Net 1256 losses can generally be carried back up to three years, unlike ordinary capital losses.
  5. It does not help a wheel — index options are cash-settled, so there is nothing to be assigned.

Check your understanding

  1. 1. You hold a Section 1256 position with an unrealised gain on 31 December. What happens?

  2. 2. Why does Section 1256 treatment not help a classic wheel strategy?

  3. 3. Options on a broad market index versus options on an ETF tracking that index — same treatment?

Related lessons

← All coursesTest yourself →