About Pipscalibur

Many Forex traders, from those fresh off the block, to those who have been around for years, often forget that to survive over the long haul, common sense is a "must." However, when we're in the trees, we often find ourselves unable to see the forest. With a common sense approach, traders of all levels will find the "true paradigm" of profitable Forex at their fingertips. Using a common sense approach, traders will learn to spot future trends, often, before they ever even appear.

Who is Black Knight?

Pipscalibur Author

Known as the "Black Knight" in trading circles, Andrei Pehar is a private fund manager, consultant to management, and a sought-after speaker, trainer, and coach for professional traders and individual investors alike. He's also founder and Sr. Currency Strategist at fxKnight.com.

His client list includes prestigious names such as UBS, Tower Asset Management (named by Bloomberg as top asset manager), Clifford Associates (investment counselors since 1915, officially acknowledged as the oldest in the United States), and several other high profile firms specializing in investment and wealth management for musical artists, sports celebrities, and other ultra high net worth individuals and trusts. He is the author of "Trading Forex for Living", published by Harriman House

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Tax Issues For Forex Traders

Since this issue comes up quite often, I thought I'd cover it right off the bat. First, let me preface by saying I am not a tax or accounting professional, and I highly suggest that you consult one prior to following this or any other tax-related advice. I happen to know one of the best, however - Robert Green - and there's a link to his site below.

By default, speculative forex transactions are treated by the IRS as 1256 "contracts and straddles", and get the lower 60/40 treatment. What is 60/40? Normally, capital gains (investment income) are taxed at a lower rate if they are "long-term" investments (held over 1 year), and a higher rate if held under a year ("short-term capital gains"). Naturally, in Forex it is rather difficult to hold onto positions for over a year (unless you are a carry trader). Therefore your capital gains are automatically split 60/40 between the higher and lower rates.

There is another section of IRS tax code called IRC 988, or "foreign currency transactions" . Here amounts are treated as ordinary gains or losses. One reason someone may choose this option is if they have a lot of losses (rather than gains). But... be careful. The IRS is fairly strict on making elections - you cannot cherry pick after-the-fact. They can only be done on Jan 1st or the start of your trading year, and revoked only with IRS consent.

Usually, spot forex will fall under IRC 1256, but to be absolutely safe go ahead and make a formal election one way or another (since forex is still somewhat a "gray" area - depending on whether it is traded on a US or a foreign "exchange", and whether or not you trade it as "futures contract"). What is an "election"? It is a document you write, sign, & date which summarizes your intended accounting practices (also includes things like your fiscal year, etc.). At this time, the IRS does not require that you file a copy with them, only that you keep it on file (though this too may change).

Declarations under IRC 1256 are reported on IRS Form 6781, where they are split 60/40 prior to being transferred to Schedule D. Declarations under IRC 988 are only reported in summary form on Line 21 of Form 1040.

This is only a summary of the present laws (and tax laws frequently change), so I highly recommend that you visit Robert Green's very detailed site on the matter.

Comments (2)

Hi, I'm sure some people would benefit from use-cases or examples. Can you apply sample numbers (even ranges) to tax rules outlined above? I'm sure that would help folks in different stages of their FX careers (from Novice to Expert) better conceptualize what to expect. Thank You
In a nutshell, if you're losing money, IRC 988 works more to your advantage (you get to deduct 100% of your losses). Once you're consistently profitable, IRC 1256 saves you more money by allowing you split your profit and pay at different tiers. I'm not a qualified tax professional (just a trader who has had to learn some of the tax laws along the way), so if you need further info I recommend you visit the link at the end of the article.

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