Tax Basics for Traders
This is general education — not tax, legal, or financial advice. Tax rules change annually. If unsure about your obligations, consult a qualified CPA or tax professional.
Getting taxes right doesn't require being a CPA — but it requires knowing the basic framework so you're not surprised at year-end.
Capital Gains — Short-Term vs. Long-Term
When you sell an asset for more than you paid, you have a capital gain. How it's taxed depends on how long you held it.
Short-Term Capital Gains (STCG)
Asset held one year or less. Taxed as ordinary income — added to your other income and taxed at your marginal rate. For active traders who open and close positions within days or weeks, virtually all gains are short-term.
Long-Term Capital Gains (LTCG)
Asset held more than one year. Taxed at preferential rates — 0%, 15%, or 20% depending on taxable income. Significantly lower than ordinary income rates for most taxpayers. This is a structural tax advantage for long-term investors over active traders.
| Type | Holding Period | Tax Treatment |
|---|---|---|
| Short-Term Capital Gain | 1 year or less | Taxed as ordinary income (up to 37%) |
| Long-Term Capital Gain | More than 1 year | 0%, 15%, or 20% depending on income |
| Section 1256 (Futures) | Any holding period | 60% LTCG + 40% STCG regardless of hold time |
The Wash Sale Rule
The wash sale rule prevents you from claiming a tax loss if you buy a "substantially identical" security within 30 days before or after the sale that generated the loss. The 30-day window applies in both directions.
You sell 100 shares of XYZ at a $1,000 loss on December 28. On January 5 (8 days later), you buy XYZ again. The $1,000 loss is disallowed and added to the cost basis of the new shares. The loss is deferred — not gone — and recognized when you eventually sell without triggering another wash sale.
Applies To
- Stocks and ETFs
- Options on the same underlying
- "Substantially identical" securities — similar ETFs tracking the same index may qualify
Does NOT Apply To
- Crypto — currently treated as property, not a security (may change — verify annually)
- Futures contracts — governed by Section 1256 rules
Capital Loss Carryforward
Capital losses offset capital gains dollar-for-dollar. If losses exceed gains, you can deduct up to $3,000 of net losses against ordinary income per year ($1,500 if married filing separately). Losses beyond that carry forward indefinitely and can be applied in future years.
Section 1256 Contracts & the 60/40 Rule
Futures contracts fall under Section 1256 of the IRS code, which provides meaningfully favorable tax treatment compared to stock day trading.
Under Section 1256, gains and losses are split 60% long-term / 40% short-term regardless of how long you actually held the position. Even if you day-traded futures all year and held nothing overnight, 60% of your net gain is still taxed at the lower long-term capital gains rate.
What Qualifies
- Regulated futures contracts (ES, MES, NQ, MNQ, crude oil, gold, etc.)
- Broad-based index options (SPX, NDX, RUT) — confirm with a tax professional
- Does NOT include: equity options on individual stocks, ETF options, or crypto
Mark-to-Market at Year-End
Section 1256 contracts are marked to market on December 31 — open positions are treated as if sold at their year-end value for tax purposes, creating a gain or loss even without actually closing.
Crypto Tax Treatment
The IRS treats cryptocurrency as property — not currency. Every taxable event follows capital gains rules.
| Event | Taxable? | Treatment |
|---|---|---|
| Selling crypto for USD | Yes | Capital gain or loss |
| Trading one crypto for another | Yes | Disposing of property — triggers gain/loss |
| Spending crypto on purchases | Yes | Capital gain or loss at time of spend |
| Receiving crypto as income | Yes | Ordinary income at fair market value when received |
| Simply holding crypto | No | No taxable event until disposed |
| Transferring between your own wallets | No | Not taxable (keep records) |
Key Tax Forms
Where individual sales of capital assets are reported. Every stock, ETF, and option trade that generates a gain or loss gets listed here before totals move to Schedule D.
Summarizes all capital gains and losses from Form 8949, applies the $3,000 loss deduction limit, and handles carryover calculations.
Reports gains and losses from Section 1256 contracts (regulated futures, broad index options). The 60/40 split is calculated here. Filed alongside your regular return.
Your broker sends this summarizing your trades, proceeds, and cost basis. Starting point for Form 8949. Review carefully before filing — 1099-B data is not always 100% accurate, especially if you had wash sale adjustments.