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Old 03-09-2006, 12:15 PM
mwhitmoe mwhitmoe is offline
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1256 Opt Out for Spot Transactions

Hi there! I guess I have a basic question/issue. I have been informed that it is clear that the 1256 opt out does not apply to spot currency transactions and that any income derived through a platform such as FXCM (using interbank spot transactions in currencies) must be declared as ordinary income. So is it true that while the policy behind this might be nutty, and that it might be revised in the future, that for right now traders, even those of us that do it for a living, have no choice but declare all net gains as ordinary income?

I am not asking for tax advice related to anything particular to my returns, but just in general what that rule is.

Cheers,
Mark
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