// IRS COMPLIANCE

How to Pay Taxes on Trading in the US — Section 988 vs 1256

18 min read
Mastery Level: Intermediate

The IRS treats trading profits differently depending on the asset class and your tax election. Understanding Section 1256 contracts and Section 988 can save you thousands in tax liabilities.

Checklist for System Execution

Configure chart layout in TradingView or MT5
Verify broker execution parameters
Align rules with regional tax guidelines
Input target levels in risk calculator
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1. Identify Your Asset Class

Forex is generally taxed under Section 988 (Ordinary Income), while Futures and some Options qualify for 60/40 capital gains treatment under Section 1256.

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2. Understand the Wash Sale Rule

Avoid the common mistake of claiming losses on stocks or options if you repurchase the same security within 30 days.

Critical Mistakes to Avoid.

  • »Ignoring the Wash Sale rule on stock options
  • »Failing to opt-out of Section 988 for forex if capital gains treatment is more favorable
  • »Mixing business and personal trading expenses

Our Tax Efficiency Philosophy

We advocate for rigorous record-keeping and professional tax planning as part of your business operations.

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