I used four brokerages in 2018 and when going over their 1099-B's I noticed that E-Trade is the only one that treats options on GLD as 1256 contracts. Gains and losses on those options, if they are reported on an E-Trade 1099-B, are therefore treated for tax purposes as 40% short term and 60% long term, possibly something to keep in mind if you trade lots of GLD options.
Note the article date... https://www.investmentnews.com/article/20100307/REG/303079971/the-most-tax-efficient-way-to-own-gold Thanks for the heads up!!
You're welcome! The E-Trader 1099-B was a little confusing at first, because on the first page "Totals Summary" the results of the transactions in GLD options are listed under "Regulated Futures Contracts," but down in the details they are listed under "Regulated Futures Contracts, Foreign Currency Contracts, and Section 1256 Option Contracts."
I'd have to check, but I believe IB also had my GLD options as 1256 contracts. If it's a regulation, would't all brokers have to treat it the same way?
isn't GLD an equity-based product? Why would options on it be treated as a Futures contract tax wise? Just curious.
Kammo, I want to thank you for this post. It is not often I'm surprised by new information. There are a number of website that refer to ETFs backed by commodities that qualify for different tax treatment, but I have not been able to find that on the IRS website. As I do trust GreenTradertax, so I assume this is correct. https://greentradertax.com/trader-tax-center/tax-treatment/tax-treatment-etfs/
http://www.twenty-first.com/articles/how_are_your_etf_options_taxed.htm "After all of the ETF innovation in the marketplace, we find the number of options that will be treated as non-equity options has grown. If the ETF is not set up as a RIC, but as a trust (like GLD) or a limited partnership (like USO), then listed options on the ETF would be treated as a non-equity option under Section 1256."
Pardon me for revisiting this old thread, but I was curious about the tax treatment given to GLD options on 2019 tax forms by various brokerages. (1) Did anyone trade GLD options with TD Ameritrade in 2019, and if so did TD treat them as 1256 contracts? (2) Other than TD Ameritrade, did anyone receive 1256 treatment on their GLD options trades in 2019? If so, which brokerages did so? Thanks.