Do options on UVXY and TLT get Sec. 1256 treatment?

Discussion in 'Taxes and Accounting' started by dcwriter2, Dec 10, 2021.

  1. I'm not getting a lot of clarity in my Google search responses. Any pros here?
     
  2. Girija

    Girija

    I am sure this same question was answered earlier.
    You can use what is known as 'substantial authority stand' and file as 1256 taking a departure from broker in the event he did 1099 b on these.
    Document in 8725 as a note.
    A cpa should be that substantial authority and not you as an individual. In the event you get audited he undertakes the responsibility.
    If filing on your own wait for brokers decision and you are out of luck without a cpa (assuming audit).
    Whether the cpa will agree to do this or not is the next issue. Some will agree and some will disagree.
    Next year trade these in a tax deferred account. Avoid headaches.
     
  3. Girija

    Girija

    And don't quote this post fro. ET in the footnote as a reference claiming substantial authority as I am not a qualified individual to advise you.
     
  4. Thanks. What a pain. I'll have to spread rather short naked, I guess.
     
  5. ph1l

    ph1l

  6. Fonz

    Fonz

    Did you check the prospectus?
    You will get a K-1 as this is a fund taxed as a partnership.
    Part of the K-1 should reflect the underlying "VIX Short-Term Futures" as section 1256.
     
  7. Girija

    Girija

    K1 is for the underlying from proshares. Proshares doesn't care about options on the underlying.
     
    dcwriter2 likes this.