VIX options: Sec. 1256?

I sense they are, but things often get funky with the VIX, as I believe the options are covered by a different legal entity than the underlying futures.

 

Cash settled options are covered by sect 1256.

 

Cool. Tks.

 

I believe all derivatives at this point fall under 1256 rule, just the amount of traders in it alone has sparked the IRS creativity in applying said rule