IRC Section 988 - Cash Forex Foreign Currency Transactions (2024)

Before you enter your foreign currency transactions, you must determine whether the gain or (loss) is subject to IRC (Internal Revenue Code) 1256 or 988. If you are unsure how to classify your trades, it is best to seek professional tax advice from your broker or a qualified tax professional (Enrolled Agent, CPA, or attorney).

By default, Cash Forex is subject to IRC 988 rules with ordinary gain or (loss) treatment. However, if you are a trader, you can elect out of IRC 988. This will allow your gains to be treated as IRC 1256 with beneficial 60/40 capital gain treatment. The election out of IRC 988 is an internal election. This means you should document the election in your own records before you make the trades.

IRC 988:

If you did NOT elect out of IRC 988, the gain or (loss) would be subject to IRC 988. You would enter the information on Schedule 1 (Form 1040) Additional Income and Adjustments to Income, Line 8 as an ordinary gain or (loss).

To enter a description and an amount for Schedule 1 (Form 1040), Line 8:

1. From within your TaxAct return (Online or Desktop), click Federal (on smaller devices, click in the top left corner of your screen, then click Federal).
2. Click the Other Income dropdown, then click Prizes, awards or other miscellaneous income.
3. Continue with the interview process until you reach the screen titled Miscellaneous - Amounts Received, then enter information for data entry fields Description and $.

Additionally, although it is not required, you may wish to follow the steps outlined below to enter additional information about the contracts.

1. From within your TaxAct return (Online or Desktop), click Federal (on smaller devices, click in the top left corner of your screen, then click Federal).
2. Click theInvestment Income dropdown, click theGain or loss on the sale of investments dropdown, then click Futures or foreign currency contract reporting (Form 6781).
3. Continue with the interview process until you reach the screen titled Form 6781 - Elections, and click the checkbox next to Election under section 988.
4. Continue with the interview process to enter your information.

The information entered here will be submitted with the return; however, do not affect any of the calculations on the return. Only the amount entered as Other Income (first set of navigation steps above) will be used in the return's calculations.

IRC 1256:

If you DID elect out of IRC 988, the gain or (loss) would be subject to IRC 1256. You would enter the information on Form 6781 Gains and Losses From Section 1256 Contracts and Straddles, Part I, and it would be subject to the 60/40 capital gains treatment.

To enter information for Form 6781 in your TaxAct return:

1. From within your TaxAct return (Online or Desktop), click Federal (on smaller devices, click in the top left corner of your screen, then click Federal).
2. Click the Investment Income dropdown, click the Gain or loss on the sale of investments dropdown, then click Futures or foreign currency contract reporting (Form 6781).
3. Continue with the interview process until you reach the screen titled Form 6781 - Elections, and click the checkbox next to Election under section 988 to uncheck it.
4. Continue with the interview process to enter your information.

Based on the information entered, the appropriate calculations will be done on Form 6781 so that 40% of the gain or loss is reported as short-term on Line 8 and 60% of the gain or loss is reported as long-term on Line 9 of the form. These amounts are then transferred to the appropriate line(s) on Schedule D (Form 1040) Capital Gains and Losses.

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