Form 6781: Gains and Losses from Section 1256 Contracts and Straddles Overview

KEY TAKEAWAYS

• Investors utilize the Internal Revenue Service’s (IRS) Form 6781: Gains and Losses From Section 1256 Contracts and Straddles to report gains and losses from straddles or financial contracts.
• Straddles and Section 1256 contracts each have their own section on Form 6781.
• Contracts covered by Section 1256 may include regulated futures contracts, foreign exchange contracts, options, dealer equity options, or futures contracts on dealer securities.

What Is Form 6781?

Form 6781: Gains and Losses From Section 1256 Contracts and Straddles is utilized to declare profits and losses from financial transactions referred to as Section 1256 contracts, such as straddles. Section 1256 contracts refer to trading in securities and commodities, such as regulated futures, foreign currency, or dealer options.

Holding contracts that balance each other’s loss risks are referred to as straddles. A straddle is created when a trader simultaneously purchases a call option and a put option on the same investment security.

Who Can File Form 6781?

Mark-to-market regulations require individual tax filers to record gains and losses for contracts. Under the mark-to-market rules, each 1256 contract held at the end of the year is treated as if it were sold at fair market value (FMV) on the last business day of the year. If these contracts generate gains or losses, those gains or losses are treated as 60% long term and 40% short term, regardless of how long the contracts were held.

Investors must specify the precise type of investment they used because Form 6781 contains distinct sections for straddles and Section 1256 contracts. Contracts covered by Section 1256 may include regulated futures contracts, foreign exchange contracts, options, dealer equity options, or futures contracts on dealer securities. For tax purposes, these investments are deemed to have been sold at year’s end (even if the positions are not really closed). To calculate gains and losses, their fair market value is assigned as of the last business day of the year

A straddle means offsetting positions with respect to a property that is being traded. If there is a significant decrease in risk of loss to an individual holding a position because that person also holds one or more other positions, then those positions are offsetting and may be part of a straddle. Generally, a loss is allowed to the extent it exceeds the unrecognized gain on offsetting positions.

How to File Form 6781

Section 1256 contracts must be reported in Part I of Form 6781 at the mark-to-market price determined on December 31 or the actual price the investments were sold for. 

The trader’s straddle losses must be reported in Section A of the form’s Part II, and their straddle gains must be reported in Section B. 

Part III is required only if a loss is realized on a position, but it is supplied for any unrecognized gains on holdings retained at the conclusion of the tax year.

What Are the Eligibility Criteria for Form 6781?

The following securities are categorized as Section 1256 investments:

• alternatives to equity
• regulated futures contracts for foreign currencies
• equity choices for dealers
• dealer futures contracts for securities

A straddle is an investment in which both a call option and a put option are purchased simultaneously for the same investment security. You typically only profit from a straddle when the price of the underlying investment significantly changes. Leverage, which allows an investor to control a larger-valued venture with a smaller initial investment, is one of the major features of Section 1256 investments.

Example of Form 6781

Let’s say a trader spent $5,000 on a regulated futures contract in 2021. They still hold the contract in their portfolio, which is worth $9,000 at the conclusion of the tax year. The mark-to-market profit for this trader is $4,000.00. On Form 6781, the trader records this as a 60% long-term and 40% short-term capital gain. 

The trader sells their long position in 2022 for $8,000 in profit. The trader will report a $1,000 loss on their 2022 tax return because they already recorded a $4,000 gain on their 2021 tax return. This would be considered a 40% short-term capital loss and a 60% long-term capital loss.

Summary

The IRS’s Section 1256 describes how investments like futures and options must be reported and taxed. Investments made under Section 1256 of the Code are given a fair market value at the end of the fiscal year, even if they were not sold during the year

Written by Sandra Habiger, CPA

Sandra Habiger is a Chartered Professional Accountant with a Bachelor’s Degree in Business Administration from the University of Washington. Sandra’s areas of focus include advising real estate agents, brokers, and investors. She supports small businesses in growing to their first six figures and beyond. Alongside her accounting practice, Sandra is a Money and Life Coach for women in business.

Written by Sandra Habiger, CPA

Sandra Habiger is a Chartered Professional Accountant with a Bachelor’s Degree in Business Administration from the University of Washington. Sandra’s areas of focus include advising real estate agents, brokers, and investors. She supports small businesses in growing to their first six figures and beyond. Alongside her accounting practice, Sandra is a Money and Life Coach for women in business.