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Tax Treatment of Futures Contracts

Futures Contracts (section 1256 Contracts) are taxed differently than other securities.  Regardless of your holding period, Section 1256 contracts are taxed as 60% at long term capital gains rates and 40% at short term capital gains rates.  The maximum blended tax rate for futures gains works out to be 26.8% (60% x 20% maximum long term capital gains rate + 40% x 37% maximum short term capital gains rate).  This compares very favorable to the maximum short term capital gains rate of 37%.

 

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