Of course futures and futures options are mark-to-market under section 1256 with 60 / 40 capital gains. Robert Green says: "This 60/40 split gives commodities traders and investors an advantage over securities traders. For this reason, most profitable commodities business traders donât elect MTM IRC 475. With 475, commodities trader can have âtax-lossâ insurance (ordinary loss treatment), but they are reluctant to give up their beneficial tax rates on gains (the 60/40 split)." http://www.greencompany.com/EducationCenter/GTTRecCommodities.shtml But probably you are referring to stocks. He mentions that you can (if qualified in the case of stocks) adopt one approach for futures and the other for stocks: "......That trader might elect IRC §475(f)(1) for securities only and not elect IRC §475(f)(2) for commodities. That taxpayer would then have capital gain or loss treatment on §1256 contracts for commodities and ordinary gain or loss treatment on §475(f)(1) for securities."
I'm a CPA....I already know all this What I want to know is......who here went trader/MTM and are you happy with your decision? Any regrets? P.S. Futures traders don't always need 475 to have tax-loss insurance...if you have 6781 income in prior years you can amend for a refund.
That's good. I'm just giving some background for those who do not........I think it needs some context to be discussed meaningfully....